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december 2008

Supreme Court of India · 2008-12-12

U.P.Pollution Control Board vs Bhupendra Kumar Modi & Anr

Citation / case number
2009 AIR SCW 672
Court
Supreme Court of India
Petitioner
U.P.Pollution Control Board
Respondent
Bhupendra Kumar Modi & Anr
Author
P. Sathasivam
Bench
K.G. Balakrishnan, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the High Court's quashing of the complaint against M/s Modi Carpets Ltd. under Section 44 of the Water (Prevention & Control of Pollution) Act, 1974 was erroneous. The Court emphasized that non-compliance with the consent conditions constitutes an offence under Section 44, and the responsible officers of the company can be held liable under Sections 25 and 26 of the Act. The Court reinstated the complaint, affirming the authority of the U.P. Pollution Control Board to take action against the company for environmental violations.

U.P.Pollution Control Board vs Bhupendra Kumar Modi & Anr · Niyam