PUNJAB STATE BOARD FOR PREVENTION AND CONTROL OF WATER POLLUTION Vs. PANNA SYNTHETICS PVT LTD AND OTHERS

JUDGEMENT

(1.) This is an appeal directed by the Punjab State Board for the Prevention and Control of Water Pollution (hereinafter to be referred as 'the Board' ) against the judgment dated 18.5.2001 vide which Sh. Arunvir Vashist, Judicial Magistrate Ist Class, Amritsar, dismissed the complaint against accused/respondents.

(2.) The complainant Board has filed a complaint under Section 44 read with Section 47 of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter to be referred to as 'the Act') against the accused on the allegation that accused industry/firm as defined under Section 47 of the Act was running the business of processing of man made fabrics using grey cloth, dyes, chemicals (soda ash acetic, detergent, sulfuric acid) in the name and style of M/s Panna Synthetic Pvt. Ltd., Gali Banke Behari, Kashmir Road, Amritsar and accused No. 2 to 8 are incharge and are responsible for the conduct of the day to day business of the accused No. 1 company/firm and as such are liable to be prosecuted and punished for the offence committed by accused No.1. The accused industry/firm was bound to obtain the consent of the complainant Board for discharging trade effluent under Section 25 read with Section 26 of the Act, 1974. Notices dated 20.5.1993, 19.6.1990, 30.6.1993, 20.8.1993, 6.8.1993, 16.8.1993 and 8.9.1993 were served on the accused industry to obtain the consent of the complainant Board but the accused industry failed to comply with the directions of the Board and to obtain the consent. The complainant Board refused to grant the consent to the accused industry/firm because accused industry failed to provide proper effluent treatment plant. The accused industry was intimated vide letter No. 28661 64 and the endorsed copy of the same was sent to the Environmental Engineer, Pollution Control Board, Amritsar. On 19.10.1993 Om Parkash, JE visited the accused industry/firm No.1 and found that the industry was discharging untreated trade effluent 250 M3/d and about 2.5m3/d of domestic effluent into the open drain to Nallah without the prior consent of the complainant Board. The accused industry has not installed effluent treatment plant. So, the complaint was filed.

(3.) The accused was summoned to face trial.