GWALIOR DISTILLERS LTD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Pollution, destruction of scenic beauty, disturbance of the ecology and the environment are some of the demonstrated consequences of Industrial sprawl. If unchecked, it may suffocate the human spirit reducing the people to the status of cattle. It may make the living an almost insufferable burden. If this happens and if there is threat to the aesthetic values then it is possible for the police power of the State to step in so that there is elimination of filth, stench and unhealthy environment. It appears that a step was taken in this regard. An order was passed under Section 144 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code). This order which is to outrun its efficacy of two months on 12th of October, 1995, is being challenged in this petition under Article 226 of the Constitution of India as void ab initio. The argument advanced in that for the acts of omission and commission, cognizance cannot be taken under the Code as an exclusively separate procedure has been provided under the Central Acts. Before noticing the legal submissions made in this case; facts in brief be noticed :

(2.) On thirteenth day of August, 1995, the Additional District Magistrate, Gwalior, was satisfied of the fact that the Gwalior unit run by the Gwalior Distillers Limited, Gwalior and Rairu Distilleries Limited, Rairu, are running their industrial units in a manner which has caused loss to human life. It is indicated that two persons died on account of the poisonous gases having been emitted by the effluent on 13th of August, 1995. It is also stated that loss has also been caused to plant life in the area. Drinking water is again said to have been contaminated. It is further stated that there is a seepage of contaminated water in the soil and the underground water has been rendered unfit for human consumption. Taking note of the above facts, the Additional District Magistrate passed an order to the effect that the factory should remain closed for a period of two months. Further directions were also given. These are to the following effect :

(3.) I am of the view that the action taken by the Additional District Magistrate cannot be sustained. There exists three statutes dealing with steps to be taken to prevent pollution of water, air and to keep it free from ill-effects which are likely to be caused if not checked properly. These statutes are :