COSMOS ENTERPRISES Vs. CHANDIGARH POLLUTION CONTROL COMMITTEE

JUDGEMENT

(1.) The petitioners, inter alia, seek quashing of the complaint titled as "Chandigarh Pollution Control Committee v. Cosmos Enterprises" bearing No. NACT/2786/2017 under Ss. 25/44/49 of the Water (Prevention and Control of Pollution) Act, 1974 and under Ss. 37/43 of the Air (Prevention and Control of Pollution) Act, 1987 as well as the summoning order dtd. 6/9/2017 (Annexure P-7) passed by JMIC, Chandigarh vide which the petitioners have been summoned to face trial.

(2.) The petitioner No. 1 is the firm which carried out business in the name and style of M/s. Cosmos Enterprises and petitioner No. 2 is the proprietor of the petitioner No. 1-unit. The petitioner No. 2 took on rent a plot for running a plastic unit components from Plastic Dana. Thereafter in 2015, the petitioners applied and was granted provisional consent on 7/5/2015 (Annexure P2). Vide letter dtd. 3/8/2015 (Annexure P-3), the respondent demanded the additional amount as well as bank guanrantee.

(3.) A show-cause notice/letter dtd. 4/11/2015 (Annexure P-4) was is-sued under Sec. 31-A of the Air (Prevention and Control of Pollution) Act, 1981, (in short 'the Air Act') and Sec. 33-A of the Water (Prevention and Control of Pollution) Act, 1974 (in short 'the Water Act') vide which the respondent-committee proposed to issue directions to close the unit forthwith; not to run the unit without prior permission by the CPCC; and to disconnect the water/electricity supply to the unit. An opportunity was granted to the petitioners to show cause within 15 days from the date of its issuance of the notice as to why proposed directions may not be confirmed and why the prosecution proceedings may not be initiated against them. Since it was alleged that the said unit did not take any action for controlling pollution and had neglected the law, order, rules, regulations and bye-laws related to the Pollution Controls Act from the date of establishment of the unit in dispute, a complaint was filed before the CJM, Chandigarh and consequently, vide impugned order dtd. 6/9/2017 passed by JMIC, Chandigarh, the petitioners were summoned to face trial.