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SANDEEP MOUDGIL
Cosmos Enterprises – Appellant
Versus
Chandigarh Pollution Control Committee – Respondent
| Table of Content |
|---|
| 1. complaint involves violation of pollution laws. (Para 1 , 2 , 3 , 4) |
| 2. petitioners argue complaints lack legal basis. (Para 5 , 6 , 8 , 9) |
| 3. authority and structure of pollution control committee. (Para 10 , 11 , 15) |
| 4. importance of proper scrutiny in summons. (Para 12 , 13) |
| 5. findings on compliance and abuse of legal process. (Para 14 , 18) |
| 6. court dismisses complaint based on evidentiary insufficiency. (Para 19) |
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 component
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