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Press Note
Un-Warranted Prosecution By Pollution Board
The Maharashtra Pollution Control Board has been insisting that all engineering industries in an air pollution control areas should take consent of the Board. This view is not supported by the Air (Prevention and Control of Pollution) Act, 1981 which clearly states that only those industrial plants which are emitting pollutants in such concentration as may be injurious, have to seek consent.
The Thane Small Scale Industries Association has taken up this matter with the Board in correspondence as well as in various meetings and forums such as Udyog Mitra; but the Board has stuck to its original stand even though not sanctioned by law.
Since fighting prosecution in court is a long and torturous process, most industries prefer to pay the fines, even though there may be no substance in the prosecution case. However there have been instances where some have gone through the painful court process and secured acquittal.
On February 28, in a similar case, the Chief Judicial Magistrate of Thane, Shri Satish N. Tatwawadi, acquitted Hyper Dynamics, a small scale engineering industry employing less than 10 workers, doing only mechanical machining and assembly involving no pollution. When the Board issued notice to the industry, the Thane Small Scale Industries Association invited several persons conversant with pollution law to visit the industry and see if there was possibility of pollution. All reported in writing that there was no such possibility. The pollution Board’s criminal complaint was that the industry had not applied for consent. Under cross-examination by Shri Satish Samant, defense advocate, the pollution board’s inspector could not indicate any source of pollution or legal provision whereby consent of the Board was required; consequently the prosecution failed and the accused was acquitted.
When asked for his reactions, Shri S. K. Madan, of Hyper Dynamics said, “This is not a victory for us but only a demonstration of Inspector Raj. On a simple reading of the law and the grounds of prosecution, it should have been clear to any reasonable person that this prosecution was not justified since there was no breach of law. Although we have been acquitted, we have been forced to waste about 200 hours in court and spend thousands of rupees on this court case. We have gone through this harassment since we believe that injustice should not be covered up by bribery or payment of un-justified penalty. Unfortunately such un-just prosecution of small scale industries which have not broken any provision of law, is common and will continue as long as Inspector Raj prevails.”
1994 February 28.
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