HARPHUL SINGH BRAR,J - (1.) THE Haryana State Board for the Prevention and Control of Water Pollution, Kothi No. 66, Sector 8-B, Chandigarh (hereinafter called the Water Pollution Board) constituted under Section 4(1) of the Water (Prevention and Control of Pollution) Act, 1974 (for short, the Act), filed a complaint under Sections 43 and 44 of the Act through its Assistant Environmental Engineer, against the petitioner-Company and its Managing Director, Shri N.P. Garodia and another person Shri U.M. Jain, General Manager of the said Company.
(2.) IT is alleged in the complaint that the accused during the course of their business have brought into use and outlet for the discharge of the trade effluent which contains various chemicals like PH suspended solids, amonical nitrogen, oil, grease, sulphate, BOD and COD etc. The effluent contains these chemicals which are injurious for water and change its characteristics physically, chemically and biologically as well, thus, causing water pollution. The accused are discharging the light brown trade effluent nearly two lakh litres per day which is completely untreated and contains suspended solids including other chemicals. The accused are making the discharge of the offluent into open drain which ultimately, through DGachi drains, joins river Jamuna. It is then alleged in the complaint that as per section 25 of the Act, the accused ought to have obtained the consent of the Water Pollution Board for discharging the trade of effluent from their premises. It is alleged that the accused have intentionally violated the provisions of Sections 24, 25 and 26 of the Act.
(3.) IT is further alleged in the complaint that on the application moved by the accused, they were granted a consent order vide order, dated October 14, 1977, which inter se has become final and binding on the accused. The accused have violated the conditions of the consent order in as much as neither the effluent standard has been brought within the tolerance limits nor the renewal of the consent has been obtained and they have violated the provisions of Section 25(4) of the Act. The accused are intentionally and knowingly causing the pollution of water by discharging the trade effluent from their premises in the open drain. The untreated effluent beyond the tolerance limits as prescribed by the Water Pollution Board would render the water unfit for human consumption and would cause a very serious problem of water pollution.;