APEX CHEMICALS Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner runs a chemical factory under the name and style of Apex Chemicals, Ghikara Road, Charkhi Dadri, District Bhiwani. Some villagers made a joint complaint that the factory was discharging some chemical effluent which were proving injurious to animal, crop and the human lives. The Sub Divisional Magistrate, Charkhi Dadri, vide its order dated 10.2.1992 passed under Section 133 of the Code of Criminal Procedure sealed the chemical factory.

(2.) HOWEVER , a further report was sought under Section 139 of the Code of Criminal Procedure as to what was the actual position and if the factory was really emanating such material which could be injurious to health as claimed. The report of the expert appears to be favourable to the petitioner. The petitioner came for quashing the order passed under Section 133 of the Code of Criminal Procedure. This Court has already vacated the stay or the closure of the factory. It may be observed that when such question as to the closure of factory and industrial unit comes for consideration, before the unit is actually ordered to be closed by an executive order, the Executive Magistrate or the authority under the law should obtain some expert report so as to see that prima facie there was something injurious to the health of the public at large in running the unit rather than passing an arbitrary or cursory order so as to close down the unit. Such an act of the authority may result into a considerable loss to the unit without being compensated. In future, if actually any factory does not require closure, such an order would create anomalous situation.