GRAM PANCHAYAT CHABBA Vs. PUNJAB WATER POLLUTION BOARD

JUDGEMENT

(1.) The petitioner Gram Panchayat is seeking a writ of mandamus directing the Punjab Water Pollution Board respondent No. 1 to restrain respondent Nos. 2 to 5 from discharging the polluted/untreated water and trade effluents into the main drain which passes through the village of Gram Panchayat and further to restrain respondent Nos. 2 to 5 from discharging such polluted/untreated water and trade effluents till the said respondents comply with the requirements as per provisions of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter called the Act).

(2.) According to the petitioner, during the last five years many industries have been established on the Tarn Taran Road. Out of these industries, respondent Nos. 2 to 5 are engaged in the manufacture of card board and paper which is produced from paddy husk (Parali), a waste product from the paddy plaint. In the process of manufacture, they produce and discharge polluted and untreated water and trade effluents which not only emanates bad smell but usually contains injurious chemicals and other substances which are dangerous to health of the inhabitants and also the animals. This has caused health hazards besides the nuisance being intolerable and exposing them to all types of cruelties at the hands of the respondents.

(3.) In the written statement filed by the Board in reply to para No. 4 of the writ petition, it has been stated that it is wrong that the discharge is in such a large quantity as is alleged by the petitioner. It is also wrong to say that the main drain is unable to contain such discharge. According to the return, the Board is not aware of any health hazard or nuisance as is alleged by the petitioner nor the Board is aware whether the land of the inhabitants has been rendered incapable of cultivation as alleged.