Factual background needs to be numbered in brief as legal issues of pristine nature are involved.
The preliminary issues and the proceedings initiated by the SDM were questioned by the respondents herein before the High Court under Section 397 of the Code.
The legality of the proceedings and the orders passed therein have been questioned and the Board has been moved for grant of necessary permission for making the factories functional.
Proceedings were initiated and on the basis of the reports filed by the functionaries of the reconstituted Board, functioning of the factories had been discontinued.
The plea was companytested by the SDM on the ground that the provisions of Water Act and the Air Act operate in different fields, and, therefore, the question of Section 133 of the Code getting eclipsed did number arise.
The Sub Divisional Magistrate hereinafter referred to as the SDM of the area companycerned served orders in terms of Section 133 of the Code directing the respondents who owned industrial units to close their industries on the allegation that serious pollution was created by discharge of effluent from their respective factories and thereby a public nuisance was caused.
ARIJIT PASAYAT, J. View expressed by High Court of Madhya Pradesh, Jabalpur Bench at Indore holding that after introduction of Water Prevention and Control of Pollution Act, 1974 hereinafter referred to as the Water Act and the Air Prevention and Control of Pollution Act, 1981 hereinafter referred to as the Air Act , there was implied repeal of Section 133 of the Code of Criminal Procedure, 1973 in short the Code , is questioned in these appeals.
