LIPTON INDIA LTD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Petitioner No. 1 M/s. Lipton India Ltd. is a company incorporated under the Indian Companies Act, 1956, having its manufacturing Unit of Vanaspati at G.T. Road, Ghaziabad and petitioner No. 2 was the Factory Engineer of the Unit. This Unit in its process of manufacturing Vanaspati discharges certain trade effluents.

(2.) Under the provisions of Water (Prevention and Control of Pollution) Act, 1974(hereinafter referred to as the, Act), no person can discharge trade effluents without the previous consent of the State Board, (constituted under the Act) (hereinafter referred to as the Board), therefore, the petitioner company applied for the consent of the Board for discharging trade effluents until such time that a proper plant for treatment of the trade effluents was made in order to satisfy the provisions of the Act.

(3.) According to the petitioners, aforesaid application was made in the year 1983 and conditional consent was granted by the Board on 16-2-1983. Thereafter, petitioners applied from time to time to extend the consent until such time that its plant which was under construction was completed. The plant was completed in the year 1988. However, the petitioner has placed on record the consent accorded by the Board on 6-10-1988 and has not brought on record any document to substantiate that any consent was accorded by the Board prior to 6-10-1988.