TMI Blog2003 (8) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... radesh, 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. Factual background needs to be noted in brief as legal issues of pristine nature are involved. The Sub-Divisional Magistrate (hereinafter referred to as the SDM )of the area concerned 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 seri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Section 133 of the Code, so far as allegations of public nuisance by air and water pollution by industries or persons covered by the two Acts are concerned. As a consequence, it was held that the SDM had no jurisdiction to act under Section 133 of the Code. Learned counsel for the appellant-State submitted that the view expressed by the High Court is not legally tenable. The three statutes operate in different fields and even though there may be some amount of over-lapping, they can co-exist. A statutory provision cannot be held to have been repealed impliedly by the Court. Learned counsel for the respondents-units submitted that this Court had occasion to pass interim orders on 2.1.2001. Exception was taken to the manner of function ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Baburao Bhikanna Naidu (deceased) by Lrs. and Anr. (1995 Supp.(4) SCC 54) it was observed that nuisance is an inconvenience which materially interferes with the ordinary physical comfort of human existence. It is not capable of precise definition. To bring in application of Section 133 of the Code, there must be imminent danger to the property and consequential nuisance to the public. The nuisance is the concomitant act resulting in danger to the life or property due to likely collapse etc. The object and purpose behind Section 133 of the Code is essentially to prevent public nuisance and involves a sense of urgency in the sense that if the Magistrate fails to take recourse immediately irreparable damage would be done to the public. It ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th prevention and control of water pollution. Similarly, Chapter IV of the Air Act deals with prevention and control of air pollution. Sections 30, 32 and 33 of the Water Act deal with power of the State Board to carry out certain works, emergency measures in certain cases and power of Board to make application to the Courts for restraining apprehended pollution respectively. Under Sections 18, 20 and 22-A of the Air Act deal with power to give directions, power to give instructions for ensuring standards and power of Board to make application to Court for restraining persons from causing air pollution respectively. The provisions of Section 133 of the Code can be culled in aid to remove public nuisance caused by effluent of the discharge a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsistent with or repugnant to the provisions of the earlier Act and that the two cannot stand together. But, if the two can be read together and some application can be made of the words in the earlier Act, a repeal will not be inferred. (See: A.G. v. Moore (1878) 3 Ex. D 276, Ratanlal s case (supra) and R.S. Raghunath v. State of Karnataka and Anr. (AIR 1992 SC 81). The necessary questions to be asked are: (1) Whether there is direct conflict between the two provisions. (2) Whether the Legislature intended to lay down an exhaustive Code in respect of the subject-matter replacing the earlier law; (3) Whether the two laws occupy the same field. (See: Pt. Rishikesh and Anr. v. Salma Begum (Smt.) (1995(4) SCC 718), and Shri A.B. K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e side by side. While as noted above the provisions of Section 133 of the Code are in the nature of preventive measures, the provisions contained in the two Acts are not only curative but also preventive and penal. The provisions appear to be mutually exclusive and the question of one replacing the other does not arise. Above being the position, the High Court was not justified in holding that there was any implied repeal of Section 133 of the Code. The appeals deserve to be allowed to the extent indicated above, which we direct. However, if applications are pending before the Board, it would be appropriate for the Board to take necessary steps for their disposal. The question whether there was no infraction under Section 133 of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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