Hon’ble Sudhir Agarwal, J.—During pendency of writ petition, we are informed that petitioners 3, 6, 7, 8, 9, 10, 11, 15 and 16 have died long back and, therefore, writ petition has abated in respect of these petitioners including criminal proceedings initiated against them.

2. The proceedings in question as also the dispute in the present writ petition is now surviving only in respect of petitioners 1, 2, 4, 5, 12, 13 and 14 only.

3. Sri Prashant Chandra, learned Senior Advocate, assisted by Sri Rahul Mishra and Sri Sudeep Kumar, Advocates, have appeared for petitioners; Sri R.C. Yadav, learned Standing Counsel for respondent-1; and, Dr. H.N. Tripathi, Advocate, has appeared for respondent-2.

4. About ten orders passed in a span of more than one and half decade have been challenged collectively in this writ petition. Order dated 26.10.1981 (Annexure 3) is passed by U.P. Water Pollution Board (hereinafter referred to as “Board”) refusing consent to petitioner-1 for discharge of effluent on the ground that effluent discharged by petitioner is highly polluted and has not been properly treated and disposed of. The orders dated 27.3.1982 (Annexure-5), 7.2.1983 (Annexure-35B), 16.8.1984 (Annexure-35C), 25.6.1985 /10.7.1985 (Annexure-12), 6.5.1986 (annexure-31), 7.5.1987 (Annexure-33), 5.10.1987 (Annexure-34A), 10.2.1988 (Annexure-35A) and 10.4.1989 (Annexure-47) also refuse consent under Section 25/26 of Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as “Act, 1974”) for subsequent years.

5. Petitioner has also prayed for issuance of a writ of certiorari quashing proceedings under Section 33 of Act, 1974 pending in Case No. 773 of 1989 in the Court of Special Chief Judicial Magistrate (Pollution Control), Lucknow. It has also prayed for quashing of complaint and further proceedings in Case No. 774 of 1989 under Section 44 of Act, 1974 pending in the Court of Special Chief Judicial Magistrate (Pollution Control), Lucknow.

6. Brief facts as borne out from writ petition are that petitioner-M/S Daurala Sugar Works (Distillery) is owned by M/s DCM Limited, Delhi having its registered Office at Kanchenjunga Building, 18, Barakhamba Road, New Delhi. Distillery was installed in the year 1943. There is rearrangement of Company ‘DCM Limited’ alongwith three other Companies, i.e., DCM Industries Limited, DCM Shriram Industries Limited and Shriram Industrial Enterprises Limited, approved by Delhi High Court vide order dated 16.4.1990 under Section 391-394 of Companies Act, 1956 (hereinafter referred to as “Act, 1956”). Daurala Sugar Works, Daurala is now a unit of M/s DCM Shriram Industries Limited, New Delhi with effect from 1.4.1990.

7. Since installation of Distillery, the Trade Effluent discharged by it is used to be consumed by nearby growers to irrigate their fields and for that purpose petitioner-company constructed a channel running in about five kilometers. This channel joins a drain (sewer) known as kali Nadi which is neither a river nor watercourse nor stream.

8. Parliament enacted Act, 1974 and State of U.P. framed Rules, namely U.P. Water (Consent for Discharge of Sewage and Trade Effluent) Rules, 1981 (hereinafter referred to as “Rules, 1981”) which came into force on 30.3.1981. It constituted ‘Board’ for the purpose of giving effect to provisions of Act, 1974 and Rules framed by State Government. Sections 25 and 26 of Act, 1974 required a running Industry to obtain consent from Board for discharging ‘Trade Effluent’ in a stream or well or sewer or on land. State Government issued Notification dated 21.9.1981 specifying 31.12.1981 as the date on or before which consent application should be filed by existing industries. Board vide Notification dated 6.4.1983 laid down effluent standards for discharge in stream and on land. Board fixed BOD level at 100 MG per liter for existing Distilleries.

9. Petitioner-1 submitted application for consent of Board on 29.6.1981. Board declined consent vide le