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Supreme Court of India 2019-11-26 allowed

KARNATAKA STATE POLLUTION CONTROL BOARD vs B. HEERA NAIK

Bench: 2 — Ashok Bhushan, M.R. Shah

In Brief

The Karnataka State Pollution Control Board appealed against the High Court's quashing of criminal proceedings against municipal officials (Commissioner and Chief Officers of City Municipal Council) for alleged water pollution violations. The Supreme Court held that Municipal Councils, though created by State law and receiving Government assistance, are body corporates—not 'Departments of Government' under the Water Pollution Act, 1974. As body corporates, they fall under Section 47 (offences by companies), not Section 48. Thus, their officers can be prosecuted for violations. The Court set aside the High Court's judgment and allowed the Board to proceed with prosecution.

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Environmental Law Criminal Procedure Pollution Control Government Accountability Municipal Administration

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