Summary
The Supreme Court dismissed challenges concerning closure of a polluting slaughterhouse because subsequent statutory action had overtaken the original dispute over the Permanent Lok Adalat’s jurisdiction. The Pollution Control Board independently ordered closure after inspections revealed discharge of untreated effluent contrary to prescribed limits. The associated Article 32 petition could not bypass those findings. The Court did not decide whether the Lok Adalat originally had power to direct closure.
Issues
- Whether the original challenge to the Lok Adalat’s jurisdiction survived the Board’s independent closure action.
- Whether the connected Article 32 petition justified relief despite the statutory pollution findings.
Provisions considered
- Section 33A, Water (Prevention and Control of Pollution) Act, 1974The Board independently exercised statutory closure powers after inspection and findings of untreated discharge and pollution-limit violations. That lawful action, rather than the Lok Adalat’s order, sustained the closure. (¶¶ 3, 5, 6, 7, 8, 9, 10, 12, 13)
- Article 32, Constitution of IndiaThe connected petition seeking performance of municipal duties could not obviate the Board’s findings or overcome the lawful statutory basis for closure. (¶¶ 11, 12, 13, 14)
Held
- Although the appeals originally challenged the Lok Adalat’s jurisdiction, the interim protection was modified to permit statutory enforcement. The Board then independently ordered closure for established pollution violations; those developments overtook the jurisdictional question. (¶¶ 5, 8, 9, 10, 12)
- Repeated inspections disclosed untreated waste and failure to achieve the prescribed parameters. Closure followed due process under the Board’s statutory powers, so the petitioners could not obtain relief by relying on the original jurisdictional objection. (¶¶ 5, 6, 7, 8, 10, 12, 13)
- The Article 32 petition seeking municipal action concerning the treatment plant and street slaughter did not displace the Board’s findings or the independent closure decision. (¶¶ 11, 12, 13)
Result
Civil appeals and connected writ petition dismissed. Pending applications disposed of. The Lok Adalat jurisdiction issue was not finally determined because subsequent statutory action had overtaken it.