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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
SC 2005/100016
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 upheld the validity of the complaint filed under Section 44 of the Water (Prevention & Control of Pollution) Act, 1974 against M/s Modi Carpets Ltd. and its directors for non-compliance with consent conditions, which constitutes an offence under Sections 25 and 26 of the Act. The Court clarified that the High Court's quashing of the complaint was erroneous as the Board had sufficient grounds to initiate proceedings for pollution violations. The appeal was allowed, reinstating the complaint and affirming the Board's authority to enforce compliance.

U.P.POLLUTION CONTROL BOARD vs BHUPENDRA KUMAR MODI & ANR. · Niyam