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2008 Supreme(SC) 1802

ARIJIT PASAYAT, P.SATHASIVAM, AFTAB ALAM
Gujarat Pollution Control Board – Appellant
Versus
Nicosulf Industries & Export Pvt. Ltd. – Respondent


Advocates appeared:
Harish N. Salve, Sr. Adv., Preetesh Kapoor, Ms. Pinky, Ms. K. Enatoli Sema, Ms. Hemantika Wahi, Rashesh Sanjanwala, Ms. Bindu K. Nair, Shamik Sanjanwala and K.R. Sasiprabhu, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the judgment of a learned Single Judge of the Gujarat High Court allowing the Revision Petition filed by the respondents 1 and 2.

2.A complaint under Sections 24, 25, 43, 44 and 47 of the Water (Prevention and Control of Pollution) Act, 1974 (in short the ‘Act’) was filed by the Assistant Environmental Engineer on behalf of the Gujarat Pollution Control Board (in short the ‘Board’) against a private limited company i.e. M/s Nicosulf Industries & Exports Private Limited-respondent no.1 and its co-directors Kishanbhai M. Narsinh, Mihirbhai G. Virji and Dushyant P. Lejawala alleging inter-alia that the accused nos. 2, 3 and 4 are producing Nicotine Sulphate in their factory and using Tobacco Stuff, Lime, Kerosene and Sulphuric Acid as raw-materials, and during the course of the process of production they are discharging 10,800 litres of polluted water every day. Under sections 24 and 25 of the Act, every industry is compulsorily required to obtain prior permission or approval of the Board for discharging its polluted water used by it either within or outside the industry as per section 25(i) of the Act. Permission was gra












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