SWADESHI COTTON MILLS PONDICHERRY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner M/s.Swadeshi Cotton Mills, Pondicherry has filed this writ petition for a writ of declaration that the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (for short The Act) are unconstitutional, void and enforceable. Criminal M.P.No.2290/82 has been filed by the writ petitioner for quashing the proceedings in C.C.No.46 of 1982 on the file of the Sub Divisional Judicial Magistrate, Pondicherry, including the orders dated 15-4-1982 and 17-4-1982. The petitioner is a textile mill which is established more than 150 years ago. According to the petitioner, ever since its inception the effluent from the mills was being let into the municipal sewer, which forms part of the drainage system in Pondicherry. In 1974 the Parliament enacted the Act. The second respondent herein, the Central Board for the Prevention and Control of Water Pollution has been assigned the duty to perform the functions under the Act. While so, on 29-4-1976 the second respondent issued a notice to the petitioner stating that the petitioner had not made an application to the Board under Section 25(1) of the Act regarding the discharge of sewage or trade effluent into any stream or well. The notice further called upon the petitioner to show cause why action should not be taken under the provisions of the Act for non-compliance of Sections 25 and 26 of the Act. Thereafter, the petitioner filed an application on 2-3-1978 for consent of the Central Board for discharging the effluent. On 19-6-1978 the Government of India granted consent to the petitioner for the discharge of the effluent in the municipal drainage till 30-6-1980. The consent was granted subject to the petitioner installing a suitable plant for treatment of the effluent. Thereafter, the petitioner went on applying for time and by an order dated 1-6-1981 the consent was extended upto 31-12-1981 and the petitioner was asked to comply with the conditions of consent on or before 31-12-1981. Finally, again by letter dated 2-1-1982 the second respondent Board directed the petitioner to take immediate action for constructing first stage of treatment plant by 28-2-1982. Since nothing was done by the petitioner, another notice was issued on 22-1-1982 calling upon the petitioner to comply with all consent conditions within fifteen days from the date of the notice. Thereafter, since the petitioner did not comply with the order, the respondent filed an application under Section 33 of the Act. On the said application, the Sub Divisional Judicial Magistrate, Pondicherry passed an ex parte order of mandatory injunction restraining the petitioner from carrying on production in the factory and form discharging the trade effluents on land or nullah or Municipal drain forthwith till further orders are passed. Thereupon, the petitioner field Crl.M.P.No.427 of 1982 for stay of the operation of the order of injunction. The Sub Divisional Judicial Magistrate suspended the operation of the order dated 15-4-1981 till 17-5-1982 to enable the petitioner to give a positive undertaking to comply with the terms of the consent granted by the Board. It is in these circumstances, both the writ petition and the criminal miscellaneous petition have been filed by the petitioner.

(2.) Mr. P. Chidambaram, learned counsel for the petitioner raised the following contentions before us:

(3.) We will now proceed to consider the objections of Mr. Chidambaram Seriatim. Article 239 of the Constitution of India deals with Union territories. Article 239 states: (1) Save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify. (2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the Administrator of an adjoining Union Territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.