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M. NAGAPRASANNA
Siddhasiri Souharda Sahakari Niyamit – Appellant
Versus
Karnataka State Pollution Control Board (KSPCB) – Respondent
ORDER :
The petitioners-accused Nos.1, 2 and 3 are before this Court calling in question entire proceedings in P.C.R.No.6 of 2024 pending before the Principal Civil Judge and JMFC, Chincholi filed under Section 200 of the Cr.P.C., for offences punishable under Sections 43, 44 and 47 of the Water (Prevention and Control of Pollution) Act, 1974 (‘the Act’ for short).
2. The facts, in brief, germane are as follows:-
The 1st petitioner is an industry and petitioners 2 and 3 are its Director and General Manager respectively. The industry is engaged in manufacturing white crystal sugar and co-generating ethanol power plant which is said to have been established with the consent and all other statutory provisions of the Karnataka State Pollution Control Board (‘the Board’ for short). The issue in the lis would commence from a complaint being registered by the Deputy Environmental Officer of the Board allegedly finding the petitioner/industry discharging untreated trade effluent to Mullamari River and had started the operation of ethanol production without proper disposal of spent water and disposing the waste in unscientific manner. It is based upon the aforesaid allegations a complaint come
Cognizance of offences under the Water Act requires strict adherence to the 60-day notice provision, failing which proceedings may be quashed.
The court upheld the closure of a manufacturing unit for serious environmental violations, emphasizing the authority of pollution boards to act expediently in cases of grave environmental harm.
Section 43 of AIR Act requires that no Court shall take cognizance of any offence except on a complaint filed by the Board or any officer authorised in that behalf.
Industrial units must obtain necessary pollution-related clearances to operate, and environmental protection laws are backed by the courts.
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