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2018 Supreme(Bom) 2277

C.V.BHADANG
Dominc Mendes – Appellant
Versus
Goa State Pollution Control Board – Respondent


Advocates Appeared:
Shivan Desai, Adv., P. Dangui, Adv.

JUDGMENT

C.V. Bhadang, J -Rule, made returnable forthwith. The learned Government Advocate waives service on behalf of the respondents. Heard finally by consent of parties.

2. Both these petitions arise out of the order dated 13/11/2017 passed by the learned Judicial Magistrate First Class, Mapusa in Case No.AOA/663/P & CP Act/2017/C. The petitioners in Criminal Writ Petition No.69/2018, are accused nos. 1 and 2, while the petitioner in Criminal Writ Petition no.68/2018, is arrayed as the accused no.3 and is said to be the ''unit representative'', of the accused no.1. That is a complaint filed under the provisions of the Air (Prevention and Control of Pollution) Act, 1981 (Air Act, for short) and Water (Prevention and Control of Pollution) Act, 1974 (Water Act, for short)

3. I have heard Shri Desai, the learned counsel for the petitioners and Shri Dangui, the learned Government Advocate for the respondents. Perused record.

4. On behalf of the petitioners, reliance is placed on the decision of the Supreme Court in the case of Anil Kumar and others Vs. M.K. Aiyappa and another , (2013) 10 SCC 705 and Rajendra Rajoriya Vs. Jagat Narain Thapak and others , (2018) AIR SC 1229, in order t

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