PUNJAB STATE BOARD FOR THE PREVENTION AND CONTROL OF WATER POLLUTION Vs. KAPURTHALA NORTHERN INDIA TANNERIES LTD. KAPURTHALA

JUDGEMENT

(1.) THE Punjab State Board for the Prevention and Control of Water Pollution through its member Secretary filed against M/s Kapurthala Northern India Tanneries Ltd. as also its Managing Director and Executive Manager both allegedly responsible for the conduct of its business, criminal complaint No. 21-C on 10th March, 1981 under sections 43, 44 and 47 of the Water (Prevention and Control of Pollution) Act, 1974 for not obeying the conditions imposed on respondent No. 1 while granting consent to the discharge of its trade affluent through an outlet on the road side. The relevant conditions read :

(2.) IN its impugned judgment dated 12th December, 1981 learned trial court held that the amendment in section 25 of the Act necessitating the obtaining of consent from the Board for discharge of trade affluent of respondent No. 1 was made through section 12 of Amending Act No. 44 of 1978 on 13th December, 1978. On 22nd March, 1978 i.e. before 13th December, 1978-the date of amendment, neither any consent of the pollution Board was required to be obtained nor could the Board impose any conditions while giving it. Alleged breach being of the conditions imposed without jurisdiction and the authority of law, Pollution Board had no right to impose or enforce the conditions aforesaid.

(3.) FEELING aggrieved from the impugned judgment of acquittal dated 12th December, 1981 the Board has filed Criminal Appeal No. 101-DBA of 1982 in this Court.