SC: Water, Air pollution not to be taken lightly

The Supreme Court has ruled that matters concerning environmental pollution, especially that of air and water, caused by industrial units, cannot be taken lightly. A bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam, while setting aside the Allahabad High Court order quashing the criminal proceedings against Dr Bhupendra Kumar Modi, Joint Managing Director of Modi Carpets Limited, Re Bareli, noted, ‘In the case on hand, which is also similar to Mohan Meakins Limited, had commenced its journey in the year 1985, nonetheless lapse of such a long period cannot be a reason to absolve the respondent from the trial. ‘In a matter of this nature, particularly, when it affects public health, if it is ultimately proved the court cannot afford to deal lightly with cases involving pollution of air and water. ‘The message must go all persons concerned, whether small or big, that the courts will share the Parliamentary concern and Legislative intent of the Act to check the escalating pollution level and restore the balance of our environment. ‘Those who discharge noxious polluting effluents into streams, rivers or any other waterbodies, which inflicts injury on the public health at large, should be dealt with strictly to the technical objections. ‘Since escalating pollution level of our environment affects the life and health of human beings as well as animals, the courts should not deal with the prosecution for offences under the pollution and environmental Acts in a casual or routine manner.’ Justice Sathasivam, writing a 26-page judgement for the bench, directed the Special Judicial Magistrate (pollution) to proceed with the case in accordance with law and dispose off the same as expeditiously as possible. The apex court, however, made it clear that the judges have not expressed any opinion on the merits of the case and allowed the appeal of the UP Pollution Control Board. Modi Carpets Limited was granted conditional permission to discharge their industrial effluence in the river Sai. The Board has ordered the Modi’s to set up a treatment plant for treating the effluence but they did not and the Board filed a criminal complaint against Modi Carpets and 12 others under Section 44 of the Water (Prevention and Control of Pollution) Act, 1974, after inspecting the unit twice. The High Court quashed the proceedings against Dr Modi and one more person. The Board filed an appeal in the apex court against the High Court order dated Novembrer 29, 2004. Copies of the apex court judgement were made available to the media.

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