CR.RA/277/1990 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION No. 277 of 1990 For Approval and Signature: HONOURABLE MR.JUSTICE J.R.VORA ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = GUJARAT WATER POLLUTION CONTROL BOARD Versus ASSEM PRODUCTS & OTHERS ========================================= = Appearance : MR KH BAXI for Applicant NOTICE SERVED for Respondent No. 1,3-7 MR RR MARSHALL for Respondent No. 2 MS ARCHNA RAVAL APP for Respondent No.8 ========================================= = CORAM : HONOURABLE MR.JUSTICE J.R.VORA CR.RA/277/1990 2/4 JUDGMENT Date : 25/11/2008 ORAL JUDGMENT 1. Heard learned advocate Mr.K.H.Baxi for the applicant, learned advocate Mr.R.R.Marshall for the respondent No.2 and learned APP Ms.Archna Raval for the respondent No.8 – State. Notice is served to respondent Nos.1, 3 to 7. 2. This Revision Application is preferred by the applicant against the judgment and order dated 22nd December, 1989 passed by the learned Sessions Judge, Surat in Criminal Revision Application No.110/1987 whereby the order of the learned Judicial Magistrate, First Class was modified by giving different directions. There was group of such Revision Applications came to be tagged and decided by leaned Sessions Judge vide impugned judgment and order and Criminal Revision Application No.110/1987 was one of that group of matters. 3. As per the brief facts of the case, the present applicant – Gujarat Water Pollution Control Board, Surat had launched several prosecutions by filing the criminal cases, against concerned Units, in the Court of learned Judicial Magistrate, First Class, for the breach of Sections 25 and 26 of the Water [Prevention & Control of Pollution] Act, 1974. In sum and substance in a complaint, it was alleged that the management of the defaulting units run by the present respondents and CR.RA/277/1990 3/4 JUDGMENT others discharge large quantity of effluent water, polluting the river “Modhiba” without being treated through the drains of the Corporation inter alia praying for conviction and sentence against the respondents. The application at interim stage of those prosecutions came to be filed before learned Magistrate by the applicant - Board praying for restraining the respondents from polluting the river “Modhiba” and desist from discharging untreated effluent under Section 33 of the Act. The applications came to be heard by learned Magistrate and he confirmed the injunction which the Court of learned Magistrate had granted earlier at ad-interim stage. The respondents preferred Criminal Revision Applications before the learned Sessions Judge, Surat, and in this particular case being Criminal Revision Application No.110/1987, after hearing the parties, passed the final orders dated 22nd December, 1989 whereby the order passed by the learned Magistrate restraining the respondents to discharge untreated effluent, was modified by giving different directions and, therefore, this Revision Application. 4. This is a group matter of Criminal Revision Application Nos.272, 273, 274, 278, 280, 283 and 286 of 1990 which were filed by the Board against the same judgment and order passed by the learned Sessions Judge, Surat on 22nd December, 1989. 5. This Court decided those Revision Applications on 29th April, CR.RA/277/1990 4/4 JUDGMENT 1993 and the decision (Gujarat Water Pollution Control Board Vs. M/s. Kohonoor Dyeing and Printing Works and others) is reported in G.L.R. 1993 Vol.2 1368 and ultimately, after detailed discussion, this Court was pleased to allow that group of seven Criminal Revision Applications and the impugned judgment and order delivered by the learned Sessions Judge, Surat was quashed and set aside and the order passed by the learned Magistrate was confirmed. 6. However, the present matter could not be tagged at that time with all those Criminal Revision Applications decided by this Court on 29th April, 1993 and was separated. 7. Since the issue is covered and this application is also against the same judgment and order which was impugned in group of those seven Criminal Revision Applications and in this Revision Application also filed on the same grounds and for the same reasons, this Court allows the present Criminal Revision Application and this Court directs that the impugned judgment and order dated 22nd December, 1989 passed by the learned Sessions Judge, Surat in Criminal Revision Application No.110/1987 is hereby quashed and set aside and the order dated 13th July, 1987 passed by the learned Judicial Magistrate, First Class is confirmed. Rule is made absolute. [ J. R. VORA,J. ] (vijay)