MCRC-8235-2017
   (KRISHNAMURTHY NARAYAN IYER Vs MADHYA PRADESH POLLUTION CONTROL BOARD)


17-05-2017

      Shri Vivek Tankha, learned Senior Counsel with Shri Deepesh
Joshi, Shri Shashank Shekhar, Shri Varun Tankha, Shri Ajoy Roy, Ms.
Vaishali Nayar, Ms. Tulika Paul and Shri R.V. Prabhat.
      Shri Ashish Shroti, learned counsel appeared for the respondent

on advance notice.

Heard on I.A. No.9434/2017, an application for interim relief. The respondent has initiated two criminal proceedings against the petitioner in the designated Court/JMFC Bhopal for violation of Air (Prevention and Control of Pollution) Act, 1981 & The Water (Prevention and Control of Pollution) Act, 1974.

The main contention of the petitioner is that the petitioner has been appointed in the month of December, 2013 and joined as the C.E.O. of the Wal-Mart India Private Limited in February, 2014. After his joining, he initiated the proceedings for obtaining the consent to establish and consent to operate the establishment from the complainant Board. The same was applied on 22nd of May, 2014, which was rejected by the respondent/Board on 20.11.2014 on the ground of incomplete information.

The permission for establishment and to operate the establishment was granted on 29.5.2015. Prosecution has been launched for not having permission from 21.10.2010, when the establishment started functioning till 29.5.2015. The petitioner contends that the petitioner has joined as CEO only in February, 2014, therefore, he cannot be held responsible for the complaints as lodged for the period prior to his joining. It is also contended that the enquiry/ investigation has not been conducted by the JMFC, as required under the provision.

With the above contention made, detailed discussion and deliberations would be required to decide the matter. It would be suffice to say that the petitioner was not holding the Charge before February, 2014.

Keeping in view the above, it would be appropriate to stay further proceedings of R.T.No.430/2016 & R.T.No.432/2016 pending before the designated Court/JMFC Bhopal till the next date.

Parties are directed to file their documents and return, as they deem fit, on or before the next date.

Case be listed after ensuing summer vacation. Certified copy as per rules.

(SUSHIL KUMAR PALO) JUDGE nd