Court : Supreme Court of India
Reported in : (2001)9SCC605
M.B. Shah and; S.N. Variava, JJ.1. A complaint was filed before the Collector, Dhar that there is an apprehension of danger to the lives of chattels and of adverse effect on the health of villagers due to the polluted water being discharged in the nearby stream by the liquor factories situated near the village. On the basis of the complaint, the Sub-Divisional Magistrate, Dhar after inspecting the spot passed the preliminary order dated 26-10-1990 under Section 133 of the Criminal Procedure Code, 1970 (for short “CrPC”), for closing down the factory on the ground that industries were causing serious pollution and thereby public nuisance. That order was challenged before the High Court. The High Court by the impugned order dated 16-3-1994 set aside that order by holding that in view of the provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981, there was implied repeal of Section 133 CrPC so far as ...
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