- (1.) A complaint was filed before the Collector, Dhar that there is an apprehension of danger to the lives of chattels and of adverse effect on the health of villagers due to the polluted water being discharged in the nearby stream by the liquor factories situated near the village. On the basis of the complaint, the Sub-Divisional Magistrate, Dhar after inspecting the spot passed the preliminary order dated 26-10-1990 under Section 133 of the criminal Procedure Code, 1970 (for short "crpc") , for closing down the factory on the ground that industries were causing serious pollution and thereby public nuisance. That order was challenged before the High Court. The High Court by the impugned order dated 16-3-1994 set aside that order by holding that in view of the provisions of the Water (Prevention and control of Pollution) Act, 1974 and the Air (Prevention and Control of pollution) Act, 1981, there was implied repeal of Section 133 Crpc so far as allegations of public nuisance or air and water pollution by industries or persons covered by the two Acts were concerned. The Court, therefore, held that the Magistrate had no jurisdiction to proceed under Section 133 Crpc and, therefore, set aside the impugned order. That order was challenged by the State of Madhya Pradesh by filing the present special leave petitions. On 25-9-1995 this Court granted stay of the operation of the impugned order. Subsequently, by an order dated 2-2-1996, after hearing the parties, leave was granted and the operation of the stay order was ordered to be continued. Despite the order of expeditious hearing the matter was not heard because the state was not in a position to serve all the respondents for one or the other reason which we fail to understand.
(2.) However, when the matter came up for hearing on 11-9-2000, this court, considering the serious consequences of the alleged air and water pollution because of the pollutant discharged by the respondent industries directed the Madhya Pradesh State Pollution Control Board (for short "m. P. SPCB") and the Central Pollution Control Board (for short "cpcb") to inspect the premises and site of the following units: 1. M/s Kedia Leather and Liquor Pvt. Ltd. , ekalduna, District Dhar (M. P. ) 2. M/s Malwa Vanaspati and Chemical Co. Ltd. Factory, village Sejwaya, District Dhar (M. P. ) 3. M/s Sanghi Organics and Phytochem Pvt. Ltd. , sejwaya, Chata Billod, District Dhar (M. P. ) 4. M/s Tirupati Starch and Chemicals Ltd. , sejwaya, Chata Billed, District Dhar (M. P. ) 5. M/s Shaba Chemicals Pvt. Ltd. , ekalduna, District Dhar (M. P. )
(3.) On the basis of the joint inspection carried out by the State and the central Pollution Control Boards, report was filed before this Court along with the affidavit dated 12-10-2000. The report, inter alia, mentions that the following industries were found closed: 1. M/s Malwa Vanaspati and Chemical Co. Ltd. , Dhar (M. P. ) 2. M/s Sanghi Organics and Phytochem Pvt. Ltd. , Dhar (M. P. ) 3. M/s Shaba Chemicals, Mhow Road, Ratlam, M. P. (industry is located at Ratlam and not in Ekalduna, District Dhar);