O P BHATIA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Vivek Pratap Singh holding brief of Sri Bharat Ji Agarwal, learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material on record.

(2.) It is further prayed that proceedings in the case No. 2019 of 1985, (U.P. Pollution Control Board vs. M/s. Captainganj Distillery and others) pending in the court of Chief Judicial Magistrate, Deoria be stayed.

(3.) In this case M/s Captainganj Distillery, Deoria, a Company, has been discharging its highly noxious and polluted trade effluents into river chhoti Gandak through a local drain. This industrial unit had applied to the Pollution Control Board for consent of the Board to discharge its trade effluents into the river. The Board finds that application is incomplete in many respect and called upon the unit to rectify the discrepancies. As there was no response from the distillery unit, the Board refused to grant the consent prayed for in the public interest. After giving notice, complaint was filed before the Chief Judicial Magistrate, Deoria who summoned the accused on being satisfied that there is sufficient ground to proceed against the applicant for discharging polluted trade effluents into the river.