VidhiSangh

Supreme Court of India · 26/11/2019

KARNATAKA STATE POLLUTION CONTROL versus B. HEERA NAIK & ORS. ETC.

[2019] 17 S.C.R. 305 · 2019 INSC 1283

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Summary

The Karnataka Pollution Control Board challenged quashing of water-pollution complaints against municipal commissioners and chief officers. The Supreme Court held that municipal councils are separate corporate bodies rather than government departments. Their offences are governed by the Act’s company-liability provision, whose definition includes any body corporate, with cognizance under section 49. Their exclusion from the government-department provision therefore afforded no immunity from prosecution.

Issues

  1. Whether municipal councils were government departments for purposes of section 48.
  2. Whether municipal bodies and responsible officers could instead be prosecuted under sections 47 and 49.

Provisions considered

Held

Result

Appeals allowed. The High Court judgment quashing the complaints was set aside and the respondents’ section 482 applications dismissed. The competent magistrates could proceed with the complaints according to law; guilt was not determined.

Judgment PDF: Supreme Court of India, [2019] 17 S.C.R. 305.