K.C. Agarwal, J. - (1.) This is an appeal under Order LXIII, Rule L(r) of the Code of Civil Procedure against the order of the Ilnd Additional Civil Judge, Dehradun,dated 30th January, 1989, restraining the U.P. Pollution Control Board, the appellant, from giving effect to the order dated 12th December, 1988 passed by the District Excise Officer, Dehradun.
(2.) An application under Section 33(1) of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as 'the Act'), was filed by the U.P. Pollution Control Board against the respondent, M/s. Doon Valley Distillery, Kunwala, Dehradun restraining it from discharging its polluted trade effluent into the river polluted Dulhini. The U.P. pollution Control Board (hereinafter referred to as the 'Board') asserted that the Distillery could not discharge its polluted trade effluent into the stream without obtaining consent of the Board under Sections 25/26 of the Act. The assertion made was that M/s. Doon Valley Distillery did not have any treatment plan so as to confront to the standard laid down by it. The distillery was inspected on 7-2-1986 by the officers of the Board during which it was found that the effluent of the distillery was being discharged into the said stream. The Board claimed the relief provided for by sub-section (3) of Section 33.
(3.) The application was contested by the Doon Valley Distillery on various grounds. The Chief Judicial Magistrate allowed the application by passing the following order:- "The application under Section 33(1) of the Act dated 6-3-84 is allowed and M/s. Doon Valley Distillery through its proprietor accused Sir Copal Havelin, the occupier accused Sri P.C. Agrawal are hereby restrained with immediate effect from discharging their polluted trade effluents into river Dulhini through drain either directly or indirectly until and unless the trade effluents being discharged by them come within the permissible limits of the standards laid down by the applicant-Board.";