Water (Prevention and Control of Pollution) Act 1974 – Permanent Lok Adalat directed the Municipal Board to close down the slaughter house for violation of rules and regulations, causing pollution in the area – SPCB issued directions u/s. 33A of the 1974 Act for closure of the slaughter house – Order of Permanent Lok Adalat challenged in writ petition – Writ petition dismissed by the High Court: Held: On 21.11.2003, the Supreme Court stayed the order of the High Court – On 24.01.2004, during the course of an inspection by the State Board, it was found that the slaughter house did not have arrangements for treatment and disposal of effluents and the waste water was being discharged without treatment – In 2005, State Board approved the scheme for treatment of the trade effluent – Commissioner was asked to intimate the action taken for the construction of an effluent treatment plant – However, on 03.01.2008, it was found that the effluent treatment plant was incomplete, as a result of which the trade effluent was not being properly treated – On 20.02.2008, the Supreme Court modified its interim order of stay by permitting the SPCB to take action against the polluting slaughter house in terms of the statute – Thereafter, directions were issued u/s. 33A by the State Board to the Commissioner to close down the operation of the slaughter house – The issue as to whether the Permanent Lok Adalat had the jurisdiction to direct closure of the slaughter house has since been overtaken by subsequent events – The SPCB has exercised its statutory powers u/s. 33A after finding, upon inspection, that the waste generated from the slaughter house was being discharged without adequate treatment resulting in a violation of the applicable pollution parameters – In writ petition, a direction was sought to provide water to the water treatment plant and to stop the illegal slaughter on the streets in the city of Tonk – The petitioners in the writ petition cannot be oblivious of the fact that the slaughter house was closed as a result of the failure to meet the prescribed pollution parameters and since the waste which was generated from its operation was being discharged without proper treatment – The closure is not in pursuance of the direction of the Lok Adalat, but in exercise of the statutory jurisdiction of the Rajasthan Pollution Control Board – The petitioners are not entitled to any relief since the closure of the slaughter house has been effected after following due process of law in terms of the statutory powers conferred on the Pollution Control Board u/s. 33 A of the Water Pollution Act 1974. [Paras 5, 6, 7, 8, 10, 11 and 12]
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As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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