SUDHIR GARG Vs. M P POLLUTION CONTROL BOARD

JUDGEMENT

(1.) ARGUMENTS heard. The prayer in the petitions is for quashment of the complaint filed by the respondent/board against the petitioner under Section 25 of Water (Prevention and Control of Pollution) Act, 1974 (which shall be referred as the "act" ).

(2.) SHORT facts of the case are that the respondent filed a complaint against the petitioner wherein it was alleged that the petitioner is the Director of M/s. Kalyan Nav Nirman Limited and the construction being raised by the petitioner without the consent of the Board by which there are possibilities of pollution of domestic/commercial water which is restricted under Section 25 of the Act. It was alleged that the act of petitioner is in violation of the provisions of the Act. It was alleged that after taking cognizance the petitioner be convicted. Upon the complaint filed by the respondent the cognizance was taken by the learned Court below and the notices were sent to the petitioner. Against the order whereby the cognizance was taken, present petition has been filed.

(3.) SHRI Shekhar Bhargav, Senior Advocate appearing for the petitioner submits that the impugned order whereby the cognizance has been taken by the learned Court below is illegal, incorrect and deserves to be quashed. It is submitted that the alleged offence has been committed by the Company but the Company has not been impleaded as accused by the respondent. It is further submitted that from perusal of the entire complaint it cannot be said that any case is made out against the petitioner as there is no specific allegation against the petitioner. It is submitted that in the facts and circumstances of the case, the petition filed by the petitioner be allowed and the complaint filed by the respondent be quashed.