MAHARASHTRA POLLUTION CONTROL BOARD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision is filed by the Maharashtra Pollution Control Board against respondents challenging the order passed by the learned 3rd Additional Sessions Judge by which the order to issue process against the respondents is quashed.

(2.) The Water Pollution Control Board-petitioner filed complaint under the provisions of sections 25, 26 r/w sections 43 & 44 of the Water (Prevention & Control of Pollution) Act, 1974, against the respondents.

(3.) The allegation in the complaint was that u/s 24 of the Act, prohibition is prescribed for use of stream or a well for disposal of polluting matter and u/s 25 of the said Act, consent of the Board is necessary with regard to bring into use any new or altered outlet for the proposed discharge of trade or sewage effluent or waste into a stream in the Water Pollution Prevention Area. An application, therefore, was filed by the accused No. 1 Textile Corporation of Maharashtra Ltd. and consent was granted on certain conditions. The present complaint is filed by the petitioner-Board for breach of the conditions by the accused persons including the Textile Corporation of Marathwada Ltd.