Madhya Pradesh High Court
Purushottam Das Yadav vs The State Of Madhya Pradesh Judgement ... on 24 April, 2014
W.P. No.1219/1998
W.P. No.6271/2007
W.P. No.5203/2009
24/04/2014
Petitioner - Shri P.G.Nagpande present in person in W.P.
No.1219/1998.
Shri M.K. Verma, Advocate for the petitioner in W.P.
No.6271/2007.
Shri A.M.Trivedi, learned senior Advocate assisted by
Shri Ashish Trivedi, for the petitioner in W.P. No.5203/2009.
Shri Vivek Agrawal, Dy. Advocate General for the
respondents/State.
Shri V.S.Shroti, learned Senior Advocate assisted by Shri Vikram Johri, Advocate for the Pollution Control Board.
Shri Anshuman Singh, Advocate for the Municipal Corporation, Jabalpur.
Shri Ajay Mishra, Senior Advocate assisted by Shri Abhijit Bhowmik, Advocate for the interveners.
Learned counsel for the State has brought to our notice that the Pollution Control Board informed the District Administration to take action of disconnection of electricity supply in respect of eight dairies. The list of those dairies reads thus:
"Closure orders u/s 33 (a) of the Water Act, 1974, issued to the Dairies discharging their effluent directly to River Gour:-
S.No. Name of the dairy Date of issue of Notice 1 Wahid Dairy, Goriyaghat 21/03/2014 2 Rajjak Dairy on the bank 21/03/2014 of River Gour, Goriyaghat 3 Gulsan Dairy, Goriyaghat 21/03/2014 4 Munna Shripal, Saliwara 21/03/2014 5 Khatri Dairy, Saliwara 21/03/2014 6 Vijay Khatri Dairy, 21/03/2014 Saliwara 7 Janta Dairy, Saliwara 21/03/2014 8 Babbu Yadav Dairy, 21/03/2014 Goriyaghat He submits that the electricity supply has already been disconnected in respect of these dairies. We place that statement on record.
At the same time, counsel for the said dairy owners submitted, on instructions, that the statement made by the counsel for the State is inaccurate. According to the said dairy owners, the electricity supply is still continuing and is uninterrupted.
We are not examining this controversy, for the present, as the hearing of these petitions is being deferred till 29th April, 2014.
In the meantime, we expect the petitioners to furnish us information/details regarding the names of dairies area-wise and separate list of dairies abutting the three rivers referred to in the petitions.
In the meantime, we direct the Secretary of Pollution Control Board to depute responsible officials to carry out surprise inspection before tomorrow in respect of eight dairies, as it is submitted on behalf of those dairies that remedial measures have been taken and the dairies have substantially complied with all the requirements and have removed the deficiencies pointed out by the Pollution Control Board by ensuring that no water is discharged in the river abutting the concerned dairy.
Whether the used water by the dairies is the potential cause of pollution because of storage, is also an issue to be examined by the Pollution Control Board and report in that behalf be submitted to the Court on the next date i.e. 29/4/2014.
The petitioners are at liberty to accompany the officials of the Pollution Control Board when the surprise visit will be made by them provided the concerned petitioner is given one hour prior notice in that behalf on mobile number, details whereof are furnished to the counsel for the Pollution Control Board.
The petitioners are also at liberty to approach the office of the Collector for collecting information to be supplied to the Court. We hope and trust that appropriate response will be given by the Office of the Collector keeping in mind that the matter is now returnable on 29.4.2014 for furnishing that information.
List on 29.4.2014.
Certified copy as per rules.
(A.M.Khanwilkar) (K.K.Trivedi)
Chief Justice Judge
(DV)