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The samples were collected from the outside boundary of the premises, on the request of the industry representative (hereinafter 'occupier') the samples were collected as per the prescribed procedure of sampling as per E(P) Act, 1986 and samples were sealed & signed along with a notice served to occupier for the intend of sampling. The second part of the samples were provided to occupier in sealed form. The copy of Form-I under Rule- 7 of E(P) Act, 1986.

3.0 Contention on sampling procedure adopted by MPPCB on 10.7.2024 The appellant under Para 8 of the Appeal No. 11 of 2024 made the contention that the prescribed procedure of sampling as prescribed under section 21 (3) of the Water (Prevention & Control of Pollution) Act, 1974 was not adopted by the Regional Office, Bhopal on the day of inspection i.e. 10.7.2024, also the appellant is unknown about the said water sampling.

"21. Power to take samples of effluents and procedure to be followed in connection therewith:-
(3) Subject to the provisions of sub-sections (4) and (5), when a sample (composite or otherwise as may be warranted by the process used) of any sewage or trade effluent is taken for analysis under sub-section (1), the person taking the sample shall
a) serve on the person in charge of, or having control over, the plant or vessel or in occupation of the place (which person is hereinafter referred to as the occupier) or any agent of such occupier, a notice, then and there in such form as may be prescribed of his intention to have it so analysed;

14. It is further argued that respondent has not followed the due procedure for serving any sample to the appellant and there is no specific version that the sample has been taken as per form -I of Environment (Protection) Rules, 1986.

15. The contention of the Learned Counsel for the State PCB is that Madhya Pradesh Pollution Control Board, Bhopal issued closure directions to M/s Jayshri Gayatri Food Products Pvt Ltd, Village -

Pipaliya Meera, Tehsil & District - Sehore (MP) under section 33 A of Appeal No. 11/2024(CZ) M/s Jayshri Gayatri Foods Products Pvt. Ltd. Vs. MP PCB through its Member Secretary & Water (Prevention and control of Pollution) Act 1974 vide letter No 3563 dated 16/07/2024 due to the discharge of untreated factory effluent outside the industry premises on the land located on the back side of the industry through a pipe. This effluent after discharge on the land was found mixing in the nearby nalla located adjacent to the site and MPPCB vide Outward No: 118471 dated 13/07/2023 issued consent to M/s Jayshri Gayatri Food Products Pvt Ltd under section 25 of the Water (Prevention & Control of Pollution) Act, 1974 and under section 21of the Air (Prevention & Control of Pollution) Act, 1981 and the industry is required to compliance with the conditions.