A petition was filed under Section 482/483 of CrPc against Order dated 11.11.2019 passed by Special Judicial Magistrate (Pollution)/ CBI, Lucknow.
Brief Facts of the Case:-
Daurala Sugar Works installed a Distillery in 1943. The Trade Effluent discharged by the Distillery was used by nearby growers to irrigate their fields.
A Board was formed under U.P. Water (Consent for Discharge of Sewage and Trade Effluent) Rules, 1981.
Any industry which was discharging Trade Effluents needed to get permission from the Board.
The petitioner filed multiple applications for acquiring land for the setup Effluent Treatment Plant, but they were all rejected.
However, at last the petitioner received confirmation to set up the Effluent Treatment Plant.
So, notice under Sections 25 and 26 read with 44 of Act, 1974 was given to the petitioner, and he was told to complete the installation of Effluent Treatment Plant.
As the petitioner was running the plant without the consent from the government, the Board filed a complaint before the CJM.
As per the Order of the CJM, the petitioner was restrained from discharging effluent in the sewer.
The petitioners approached various courts but could not get the desired relief.
When the Revisional Court dismissed their revision petition on 17.07.2020, the petitioners moved the Allahabad High Court.
Arguments Before the High Court:-
Learned counsel for the petitioner stated that while rejecting the consent application of the petitioner, the respondents did not follow the statutory procedure for inquiry.
It was further stated that the revisional Court did not address all the issues raised by the petitioners.
Further, it was argued that the person who had filed the complaint did not have the authorization to prefer the complaint.
It was also argued that the petitioners no.3 to 8 were aged persons, and it will not be possible for them to come to Lucknow for hearings.
As per the counsel for the respondents, the instant petition was a misuse of the process of law.
It was argued that different Courts had dismissed various petitions in the same case, and the petitioners are just buying time by filing this petition.
Respondent also stated that the Trial Court had adequately addressed all the contentions raised by the petitioners and its judgement was sound in law.
Reasoning of the Allahabad High Court
The Court observed that even though the case has been going on since 1989, it cannot be a reason to absolve the wrongdoers.
As in this case accusations of polluting water and harming the public health is serious, so it should be dealt strictly.
Hon’ble Allahabad Court at Lucknow held that while exercising jurisdiction under Section 482 of the CrPc, the High Court could not inquire if the evidence is reliable or not as that is the job of the Trial Court.
It was opined that after going through all the arguments and facts of the case, there was no reason to interfere with the Order passed by the Courts.
Accordingly, the petition was dismissed.
Title:- M/S Daurala Sugar Works vs State Of U.P. & Another
Case No. U/S 482/378/407 No. – 1954 of 2020
Date Of Order: 20.10.2020
Coram: Hon’ble Justice Chandra Dhari Singh