G.D.SAXENA,J. - (1.)THIS writ petition by way of Public Interest Litigation has been filed by the petitioner, claiming following reliefs:-
"A. That, the respondent No.6 may kindly be directed to not to store the vitiated water in the open and the same is not to be flown in open Govt. land or in the river Sankh. B. That, the respondent No.6 may kindly be directed to have a neutralizing plant for the vitiated water in their system so that same water can be used again by it and therefore it is not required to be stored. C. That, it is so required to flow the waste water out of the plant, it is to be neutralized in the system and thereafter it is to be flown out side so that it may not harm and effect to the any living creature. D. That, it is also to be directed to respondent No.6 that remaining grain waste should not be sold out being poisonous to the dairy farm."

(2.)IT is worthwhile to mention here that earlier the respondent/State came up in a proceedings under section 482 of Cr.P.C. before the single bench of this court raising altogether similar reliefs against the respondent No.6-Gwalior Distilleries Ltd., and this court vide order dated 17th May, 2012 in Misc. Cri. Case No.8128/11, after hearing the learned counsel for the parties at sufficient length issued the following directions which being relevant are quoted below:-
"(11) Having examined the provisions of the section and having applied the principles of interpretation of Statute, in the opinion of this court, the District Magistrate is fully within his jurisdiction to entertain the application in such cases and pass appropriate orders if he is satisfied that the facts and circumstances fulfills the requirements of Section 133 Cr.P.C. so as to enable him to pass conditional order for removal of the nuisance in question. In that view of the matter, the learned District Magistrate is directed to consider the suggestions, if any, given by the petitioner and the respondent Distillery and Water pollution board of State and the provision of Water Act Pollution Act and by passing an order of a regulatory nature for removing the dangerous elements as per norms of the water polluted from discharge of effluent water from distillery, he may direct for installation of effective water treatment system and thereafter for reuse of the effluent water for distillery, in case other possible use of secondary purpose other than drinking by human-being, animals or birds except discharging in open land is not possible. This will not only improve the environment system of the area but also save the national loss causing by close down the running industry. The District Magistrate can regulate such activities by issuing the effective directions after consultation and patient hearing on the suggestions of the concerned parties."

The grievance of the petitioner in the instant case is that the discharge of the effluents from the unit of the respondent No.6 at the open govt. land is likely to create a nuisance or render such water harmful/injuries to public health as well as to the life and health of animals or plants or of acquatic organisms. It is submitted that despite submitting representation, the respondents No. 1 to 5 have not taken any interest. The petitioner then had to file a petition being Writ Petition No. 1627/11 which came to be dismissed by the learned single bench of this court vide order dated 16/3/11 as the prayer made by the petitioner was found to be in the nature of public interest and therefore the petitioner has again moved to this court with public interest.

Looking to the pleadings made in the petition, it appears that there is a serious contamination of the water flowing at the area from the unit thereby causing hazard to animal, human and acquatic life. There is further expressed apprehension that the effluent of the industry is likely to pollute the waters of the stream, river and nearby wells, which might be injuries to animal, human and acquatic life. It is submitted by the learned counsel for the petitioner that it is the duty of the authorities concerned to provide for prevention and control of water pollution in terms of the Water (Prevention & Control of Pollution) Act, 1974 and the other protection laws.

(3.)SECTION 25 provides restrictions on establishing any industry, operation or process, or any treatment and disposal system, or any extension or addition thereto which is likely to discharge sewage or trade effluent into a stream without the previous consent of the State Board.
Section 26 of the Act covers cases where effluents were being discharged even prior to the coming into force of the Act and makes the position the same as the one obtaining after the coming into force of the Act.