The Delhi High Court has upheld the conviction of a sweet shop owner under the Water (Prevention and Control of Pollution) Act for discharging untreated effluents from his Chandni Chowk establishment into the public sewer, observing that small-scale businesses cannot evade liability merely due to their size.
Justice Swarana Kanta Sharma, while pronouncing the verdict, emphasized that small eateries, sweet shops and other food-related units collectively contribute to water pollution when they release untreated waste into public sewers that ultimately feed into river systems. “Such pollution has serious long-lasting consequences,” the judge said, underlining that compliance with environmental standards is a responsibility shared by all, regardless of commercial scale.
The case dates back to June 2000, when an industrial unit, M/s Kanwarji Raj Kumar, was found operating without any effluent treatment system. Authorities alleged that the unit was discharging waste from washing sweet-making moulds, namkeen preparation equipment, dishes, and floors directly into the public sewer. Furthermore, it was found to be functioning without obtaining mandatory consent under the Water Act.
In 2017, a trial court convicted the owner for violation of the Water Act and sentenced him to two years’ imprisonment along with a fine of ₹2 lakh.
While upholding the conviction, the High Court took a lenient view on sentencing, noting that:
- The incident dated back over two decades,
- The owner was around 59 years of age, and
- The 2019 amendment to the Water Act had removed imprisonment as a punishment for this category of offence.
Accordingly, the court set aside the two-year imprisonment but enhanced the financial penalty.
Justice Sharma directed the petitioner to:
- Pay an additional fine of ₹10 lakh (over and above the ₹2 lakh already imposed) to the Delhi Pollution Control Committee within two months, and
- Undertake plantation of 100 trees in coordination with the city’s forest department, preferably in the Chandni Chowk area or any other suitable site identified by the department.
The court reiterated that environmental laws must be followed diligently by all sectors and that leniency cannot be granted solely on the ground of operating at a smaller scale.
