NAGARJUNA PAPER MILLS LIMITED Vs. SUB DIVISIONAL MAGISTRATE AND REVENUE DIVISIONAL OFFICER SANGAREDDY MEDAK DISTRICT

JUDGEMENT

(1.) The petitioner-industry is engaged in the manufacture of M.G. Posters and M.G. Kraft paper based on 100% waste paper with all adding chemicals. It is a joint venture with A.P. Industrial Development Corporation Ltd., which owns 50% of the share holding in the company. The unit started in 1982 and about 100 staff and workers are employed.

(2.) The A.P. Pollution Control Board convened a meeting which was presided over by the District Collector and attended by the General Manager, District Industries Center, Sangareddy, and representatives of the A.P. Pollution Control Board and various managements, including the petitioner, on 7-3-86 at Patancheru to consider and solve the pollution problems in Patancheru.

(3.) The case to the petitioner is that in the meeting held on 7-3-86 it was decided to construct a Common Effluent Plant similar to the one proposed in the Nacharam Industrial Estate. While the position stood like that, the Sub-Divisional Magistrate issued a cyclostyled notice in Form-20 under Section 133, Cr.P.C., on 11-8-86 to the petitioner to cease production activities within the factory on the ground that it appears to him that the petitioner is not taking sufficient steps and precautionary measures to control water and air pollution in and around the factory and also in the surrounding village, creating discomfort and injury to the health of the public and cattle. The Member-Secretary of the Pollution Control Board sent a letter to the petitioner on 12-8-86 and the petitioner also sent the reply on 27/08/1986, to the Member-Secretary of the Pollution Control Board, requesting him to issue the appreciation certificate and paid the required feel also by means of a draft. The case of the petitioner is that ignoring that, the Sub-Divisional Magistrate passed the order under Section 136, Cr.P.C. authorising the Manual Revenue Officer to close the carrying of trade of production in the petitioner-factory by means of an order dt. 4-10-86. This petition was filed under Section 482, Cr.P.C. to quash that order on the ground that the Sub-Divisional Magistrate has no authority to pass such an order and the petitioner obtained an interim suspension order from this Court on 8-10-86.