HARYANA STATE BOARD FOR THE PREVENTION AND CONTROL OF WATER POLLUTION CHANDIGARH Vs. BHARAT CARPETS LIMITED

JUDGEMENT

(1.) Haryana State Board for the Prevention and Control of Water Pollution, Chandigarh, (hereinafter referred to as 'the Board') has challenged the order of Judicial Magistrate Ist Class, Faridabad, dated 3-8-1987 vide which the complaint filed by the Board under Ss. 43 and 44 of the Water (Prevention and Control of Pollution) Act, 1974 against respondents 2 and 5 was dismissed in default.

(2.) The facts which led to the filing of the appeal are that Shri Ajit Kumar, Assistant Environmental Engineer of the complainant-Board visited the premises of M/s. Bharat Carpets Limited, Gurukul Industrial Area, Faridabad (hereinafter referred to as 'the Company') on 5-3-1981 with R. P. Misra, the then Environmental Engineer. Sample from the outlet was collected by R. P. Misra. The said sample was alleged to have been taken in the presence of D. P. Gupta accused and was got signed from R. P. Misra. The sample was sent for analysis. Report of Analyst was received according to which it was clear that the effluent which the accused were discharging in the land was not within the prescribed ISI standard. All the parameters were in excess and in violation of standard prescribed by the Board, i.e. ISI standard. The Board filed the complaint on 31-10-1981 under Ss. 43 and 44 of the Water (Prevention and Control of Pollution) Act, 1974 (for short 'the Act') in the Court of Judicial Magistrate Ist Class, Faridabad. The complaint was filed against the following persons :-

(3.) The Board examined Jasbir Singh; clerk of complainant Board as PW 1, Ajit Kumar PW 2 and R. P. Misra, Assistant Environmental Engineer, PW 3 in support of is case.