Z KOTASEK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against the order dated 19-8-1981 passed in Case No. 52 G. C. of 1981 by the Additional Chief Judicial Magistrate. Barh, who has taken cognizance under Sections 41 and 44 of the Water (Prevention and Control of Pollution) Act, 1973(hereinafter referred to as 'the Act') against the petitioners and transferred the case to the file of Sri R. K. Mishra, Judicial Magistrate, Barh, for disposal. Further, he passed an order for the issue of summons fixing 30-9-1981 for appearance.

(2.) A complaint had been filed by the Bihar State Water Pollution Control and Prevention Board (hereinafter referred to as 'the Board') against the Manager Bata India Shoe Company, Mokamah Ghat and also M/s. Bata India Limited, Mokamaghat, P. O. Hathidah, District Patna. The offences, alleged to have been committed, were stated to be under Sections 41 and 44 of the Act.

(3.) In the complaint petition, it has been stated that the main purpose of the Act, has been for establishing or restoring of wholesomeness of water for the benefit of the society at large and environmental protection. It has been found that the industries were mainly responsible for polluting water and the streams by discharging their poisonous effluents in the water of streams without getting them treated by some treatment plant, which is detrimental to society at large. The Board has been authorised to give direction requiring any person in charge of any establishment or any industry or trade being carried out to furnish to it information regarding the construction, installation or operation of such establishment of any disposal system or of any extension or addition thereto in the establishment.