PUNJAB STATE BOARD FOR THE REVENTION AND CONTROL OF WATER POLLUTION Vs. RAJA RAM CORN PRODUCTS PUNJAB PVT LTD

JUDGEMENT

(1.) THE Punjab State Board for the Prevention and Control of Water Pollution (hereinafter called the Board) filed complaint in the Court of Judicial Magistrate 1st Class, Kharar against Messrs Raja Ram Corn Products (Punjab) Pvt. Ltd. and others under Section 44 read with Section 47 of the Water (Prevention and Control of Pollution) Act, 1974, (hereinafter called the Act) on the allegation that accused No. 1 Messrs Raja Ram Com Products (Punjab) Pvt. Limited was required to apply for consent of the Board under Section 25 read with Section 26 of the Act for regulating the discharge of the trade effluent in the sewer. Accused No. 1 through its Managing Director applied to obtain the required consent and the same was granted on May 25, 1976, subject to the following conditions :"1. The consent will be valid for a period of one year commencing from the date of issue of consent.

(2.) AS BOD (Bio-Chemical Oxygen Demand) has not been performed by the industry the same should be got done at an early date. In case, it is found at any stage that treatment is required to be done for the effluent, the industry will instal necessary treatment plan and bring the effluent, within the tolerance limits approved by the Board for discharge of industrial effluent into Public Sewer. " 2. On May 8, 1985, Shri Surinder Mohan Singh Puri, Assistant Environmental Engineer, Regional Office, Patiala, duly empowered to take samples under Section 21 of the Act, along with Shri Harpal Singh, Assistant Environmental Engineer, visited the premises of accused No. 1 and took samples of trade effluent under Section 21 of the Act in the presence of Shri Harpal Singh, Assitant Environmental Engineer and Shri Jaswant Singh, Foreman of accused No. 1. Jaswant Singh Foreman refused to receive the notice in Form XII and sign the documents.

(3.) THE Analyst report showed that the pollution was much higher than the permissible limit. The Board complained that as the accused have not brought down the said pollution within the tolerance limit prescribed by the Board, they have committed an offence.