VARDHMAN TEXTILES LIMITED Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) All these writ petitions are being disposed of by this common judgment since the issue involved in these writ petition is same.

(2.) The petitioners have invoked the jurisdiction of this Court challenging the Show-Cause Notices, dtd. 23/6/2020 (Annexure-P-26) issued by the Himachal Pradesh State Pollution Control Board (hereinafter referred to as 'the Board') on various grounds, including, jurisdiction, want of authority, vagueness, cryptic and non-compliance of the provisions of Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as 'Water Act') and the Environment (Protection) Act, 1986 (hereinafter referred to as 'the Environment Protection Act').

(3.) It is the submission of the learned Senior Counsel appearing for the petitioners that the impugned Show-Cause Notices have been issued by the Board in terms of Sec. 33-A of the Water Act, which empowers the Board to issue any direction or notice, whereas the impugned Show-Cause Notices in the instant writ petitions have been issued by the Member Secretary of the Board, who is only an Officer/Authority of the Board and cannot be considered as a 'Board'. He further submits that the resolution, dtd. 10/6/1996, as submitted by the Board, authorizing the Member Secretary of the Board to issue notices/directions under the provisions of Water and Environment Protection Acts, is impermissible and contrary to law and Legislative intent as Sec. 33-A of the Water Act authorizes the Board to exercise power to give directions whereas the impugned Show-Cause Notices have been issued by the Member Secretary and not by the Board.