MEMBER SECRETARY KARNATAKA STATE BOARD FOR PREVENTION AND CONTROL OF WATER Vs. KRISHNA SPINNING AND WEAVING MILLS P LTD

JUDGEMENT

(1.) This Petition under Section 401 Cr.P.C. is directed against the order dated 28 -6 -1982, made by the Learned 1st Additional Chief Metropolitan Magistrate, Bangalore City, in C. Misc. No. 71 of 1981, holding that he had nojurisdiction to grant interim order under sub -section (2) of Section 33 of the Water (Prevention and Control of Pollution) Act, 1974.

(2.) THE facts, briefly stated, are as follows : The Karnataka State Board for Prevention and Control of Water Pollution, Bangalore, made an application under Section 33 of the Water (Prevention and Control ofPollution) Act, 1974, ('Act' for short) that the Respondents had discharged and continued to discharge the untreated effluent or trade wastes into a nalla joining Vishwabharathi river thereby it was apprehended that by reason of the disposal of the end untreated affluent, the water in the said nalla.and Vishwabharathi river was likely to be polluted. The Board sought a restraint order against the Respondents from discharging the said affluent in the nalla, which was likely to cause such pollution. The Board also made an application for an interim order restraining the Respondents from discharging affluent in the nalla pending disposal of the main application.

(3.) THE Learned Magistrate heard the parties on the question of jurisdiction and held that the Court had no jurisdiction to grant an interim order of injunction and in that view, refused to grant an interim order of injunction.