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2001 Supreme(Guj) 547

D.C.SRIVASTAVA
NICOSULF INDUSTRIES AND EXPORTS PRIVATE LIMITED – Appellant
Versus
STATE – Respondent


Advocates Appeared: K.H.BAGCHI, K.S.Nanavati, R.S.SANJANWALA, S.S.PATEL

D. C. SRIVASTAVA, J.

( 1 ) A complaint under secs. 24, 25, 43, 44 and 47 of the Water (Prevention and Control of Pollution) Act, 1974 was filed by the Assistant Environmental Engineer on behalf of the Gujarat Pollution Control Board against a private limited company M/s. Nicosulf Industries and Exports Pvt. Ltd. and its co-directors Kishanbhai M. Narsinh, Mihirbhai G. Virji and Dushyant P. Lejawala, alleging interalia 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-material, and during the course of process of production they are discharging 10,800 litres of polluted water every day. Under secs. 24 and 25 of the Act, every industry is compulsory 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 sec. 25 (1) of the Act. Permission was granted by imposing certain conditions to the accused persons. If, the industry commits breach of conditions, complaint can be filed, which, in the instant case was filed alleging that there was breach of condition no. 4, as a result of which, under conditi

























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