Court notice to firm over alleged violation of environmental norms

Ramkrishan Upadhyay

Chandigarh, September 2

A local court has issued notice to Berkeley Realtech Ltd for allegedly violating the provisions of Water and Air (Prevention and Control of Pollution) Acts. The firm has been summoned to face trial.

The Chandigarh Pollution Control Committee (CPCC) had filed a complaint against the firm for the violation of provisions of pollution control Acts.

The complainant also made a request to dispense with the recording of preliminary evidence on the ground that he had filed the complainant in his capacity as a public servant while discharging official duties.

After hearing the arguments on the point of summoning the accused, the court said: “From the material placed on file, it is prima facie established that on August 09, 2012, at Plot No. 24, Industrial and Business Park, Phase I, Chandigarh, accused persons constructed mall/building without obtaining mandatory consent from the complainant and violated Section 21 of Air (Prevention and Control of Pollution) Act, 1981 and Section 25 and 26 of the Water (Prevention and Control of Pollution) Act, 1974. They committed offences punishable under Section 44 and 47 of the Water Act and Section 37 and 40 of the Air Act. Accordingly, the accused are ordered to be summoned to face trial.”

The court ruled that since the complaint has been filed by the complainant in his capacity as a public servant while discharging official duties, therefore, as per Section 200, Code of Criminal Procedure, 1973, the recording of preliminary evidence stands dispensed with.

The court has adjourned the hearing of the case for October 12.