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SANDEEP MOUDGIL
Cosmos Enterprises – Appellant
Versus
Chandigarh Pollution Control Committee – Respondent
JUDGMENT
Mr. Sandeep Moudgil, J.
The petitioners, inter alia, seek quashing of the complaint titled as " Chandigarh Pollution Control Committee v. Cosmos Enterprises " bearing No.NACT/2786/2017 under Sections 25 /44/49 of the Water (Prevention and Control of Pollution) Act, 1974 and under Sections 37 /43 of the Air (Prevention & Control of Pollution) Act, 1987 as well as the summoning order dated 06.09.2017 (Annexure P7) passed by JMIC, Chandigarh vide which the petitioners have been summoned to face trial.
2. The petitioner No.1 is the firm which carried out business in the name and style of M/s Cosmos Enterprises and petitioner No.2 is the proprietor of the petitioner No.1-unit. The petitioner No.2 took on rent a plot for running a plastic unit components from Plastic Dana. Thereafter in 2015, the petitioners applied and was granted provisional consent on 07.05.2015 (Annexure P2). Vide letter dated 03.08.2015 (Annexure P3), the respondent demanded the additional amount as well as bank guanrantee.
3. A show cause notice/letter dated 04.11.2015 (Annexure P4) was issued under Section 31 -A of the Air (Prevention and Control of Pollution) Act, 1981, (in short 'the Air Act') and Sectio
Industrial units must obtain necessary pollution-related clearances to operate, and environmental protection laws are backed by the courts.
Environmental Compliance requires prior clearance for expansions, with violations subject to penalties and operational restrictions.
Cognizance of environmental protection act offenses can only be taken on a complaint made by the Central Government or an authorized person, as required by the relevant acts.
The court ruled that a complaint for discharging trade effluent is invalid without proper sampling processes and that evidence must be assessed at trial for factual determinations.
The Tribunal emphasized the principle of 'Polluter Pays' for environmental violations and mandated the imposition of compensation while acknowledging improvements made by the industry.
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