- (1.) Heard Sri S.D. Singh, Senior Advocate assisted by Sri Rahul Mishra, learned counsel for petitioner, Sri H.N. Tripathi, learned counsel appearing for respondent-5 and learned Standing Counsel for respondents-1 and 4. None has appeared on behalf of respondents-2 and 3.
(2.) Petitioner, a Sugar Mill, has filed this writ petition under Article 226 of Constitution of India challenging vires of Bye-laws notified by Nagar Palika Parishad, Shamli District Shamli (hereinafter referred to as 'N.P.P.') in purported exercise of powers under Section 298 of U.P. Municipalities Act, 1916 (hereinafter referred to as 'Act, 1916') published in U.P. Gazette dated 31st July 2004 for regulating and controlling discharge of "pollutant" and "effluent" within the limits of N.P.P. by commercial establishments. The relevant offending provisions contained in Bye-laws 2 to 6 reads as under: 2. Any business establishment such as Sugar Factory, Ice Factory, Theater, Iron Foundry and other business establishments shall not release contaminated/ polluted water into the drains/ducts of Nagar Palika Parishad, Shamli without obtaining its permission and making payment of the prescribed fee to the Parishad. 591875-3 3. The concerned business establishment, before releasing contaminated/polluted water into the drains/ducts of Nagar Palika Parishad, Shamli, shall have to set up a Water Treatment Plant as per recommendation of the officers/officials of the Palika Parishad for treatment of such water. 591875-4 4. The concerned business establishment, after the treatment of the contaminated/polluted water by the Water Treatment Plant, shall be required to install a meter to determine the volume of treated water before its release into the drains/ducts of Nagar Palika Parishad after making payment of the prescribed fee as per satisfaction of officers of the Parishad. 591875-5 5. The Executive Officer/ Sanitation Inspector of Nagar Palika Parishad on being satisfied that the contaminated/ polluted water coming out from the factory, etc. has been treated and the same is not dangerous for human beings/ animals, he may accord permission for its release after the payment of prescribed fee. 591875-6 6. Prescribed Fee---- Rs. 10/- ( Ten rupees only) per 100 kilo litre. Note: The prescribed fee to be deposited on monthly basis shall be payable upto 10th of every month. In the event of payment not being made till the 10th, a late fee @ Rs 100/- ( One hundred rupees ) only per day shall be deposited. 591875-7 Order In exercise of the powers conferred by the Section 299 (a) of the Sanyukta Prant Nagar Palika Act, 1916 it is ordered that the establishment/ person violating any rule and provision of this Act shall be liable to be punished subject to the maximum fine of Rs 1,000.00 (One thousand rupees) only. If erring person/ establishment makes violations persistently, an additional fine shall have to be paid @ Rs 100/- (One hundred rupees) only for each and every day since the commission of first offence till it continues ." (English translation by Court)
(3.) Sri S.D. Singh, learned Senior Advocate contended that regulation and control of water and air pollution is governed by Parliamentary Statutes. N.P.P. by making parallel regulatory provisions has encroached upon the field governed by principal legislations enacted by Parliament and hence, it is ultra vires of the Constitution. He further contended that in any case, provisions of Bye-laws will sub-serve to Parliamentary enactments and hence cannot be given effect to.;