BHERULAL Vs. GRASIM INDUSTRIES LTD

JUDGEMENT

(1.) The applicants have preferred these two revisions feeling aggrieved by the order dated 03/08/06 passed by the Additional Session Judge, Khachrod, District Ujjain in criminal revision No. 63/06 ( Grasim Industries Ltd. Versus Smt Kanchanbai and others) and Criminal revision No. 78/06 ( Gwalior Chemical Industries Ltd. Versus Smt. Kanchanbai and others) whereby allowed both the revisions preferred against the common impugned order dated 27/01/06 passed by the Sub- Divisional Magistrate, Nagda, District-Ujjain in criminal case No. 1/05 whereby passed an order under section 142 of Cr.P.C. for closing of the production of Sodium Chloride chemical in the industry run by both the industries at Nagda. The learned Revisional Court, while allowing both the revisions petition set aside the interim prohibitory order passed by the Sub-Divisional Magistrate, Nagda.

(2.) As in these two revisions, common questions of law & facts arise and both these revisions arise out of the common order passed by the Sub-Divisional Magistrate, Nagda in criminal case No. 01/05, therefore, both these revisions are being decided jointly by a common order. The original order be attached with criminal revision No. 1085/06 and the copy thereof be attached with criminal revision No. 1086/07.

(3.) Briefly stated the facts of the case are that the applicants in both revisions are villagers of Azimabad Pardi, Tehisil-Nagda, District-Ujjain. The applicants have filed a joint application before the Sub-Divisional Magistrate, Nagda alleging that due to the production of the chemicals by the Chemical Industries run by the respondent Grasim Industries Ltd and Gwalior Chemical Industries Ltd, the waste water of that industries has been collected by the concerned industries due to which the villagers are facing trouble in their wells and in their drinking water. Because of these chemical water pollution in the village wells concerned and due to this polluted water, their agricultural crops has also been affected. This application had been filed before Sub-Divisional Magistrate, Nagda, only with the prayer that due to loss of the agricultural crops, some compensation be ordered to grant by the industries concerned to the villagers who had been affected by waste polluted watter from the aforesaid industries concerned. On the basis of this application, the learned Sub-Divisional Magistrate, Nagda had registered the case under section 133 Cr.P.C. and issued the preliminary order of show cause notice to the Grasim Industries Ltd. as well as Gwalior Chemical Industries Ltd.. Both the respondents had filed their reply. The learned Sub-Divisional Magistrate, Nagda had also made local inquiry of the village concerned and also took the samples of the polluted water from the concerned village. After hearing both the parties and on appreciation of over all documentary evidence on record, the Prohibitory Common Order dated 27/01/06 had been passed under section 142 of Cr.P.C. for the close of the production of chemical in the industries concerned. Feeling aggrieved by which the Gwoliar Chemical Industries Ltd. had preferred criminal revision No. 78/06 and Grasim Industries Ltd. had preferred criminal revision No. 63/06 before Additional Session Judge, Khachrod. The learned Revisional Court after hearing both the parties allowed both the revisions and set aside the prohibitory order passed by the learned Sub-Divisional Magistrate, Nagda under the provision of 142 of Cr.P.C.. Hence, the applicants have preferred these two revisions against both the industries respectively.