AIR 1999 (1) MPLJ 315
Sub:- This case is based on the constitutionality of the consent fees and license fees being collected from the rice mills under the Water Pollution (Prevention and Control) Act, 1974.
Facts of the case: -
1. Petitioner, MP Rice Mills Association, Raipur, which is a registered society, has filed a special petition under Articles 226 and 227 of the Constitution.
2. In this petition, the petitioner prayed that a consent fees and license fees are collected by the State of MP from the rice mill owners for renewal of the licence under the Rice Milling Industry Regulation Act, 1958 which is beyond the jurisdiction of Sections 4 and 5 of the Water Pollution (Prevention and Control) Act, 1978.
3. Since, these rules should apply to only those industries which release polluted water streams whereas rice mills flow out the discharged water only on the land.
4. Rice mills do not create any type of water pollution and business of these mills is seasonal and it is only for 4 to 6 months in a year.
5. The industries dealing with 'Usna Rice Method' emit 3 to 8 thousand liter water for 3 to 4 hours per day which is not injurious to health and this water increases the fertility of the soil.
6. With these facts the plaintiff stated before the court that the State Government has no jurisdiction to collect con- sent fees and licence fees and it has no right to make rules in this regard.
Judgment - The Court, while refusing to accept all the pleas of the Petitioner, declined to allow the petition and no order was passed regarding fees. The petition was dismissed
Law points :-
1. The State Government has a jurisdiction to make rules re- garding consent fees and license fees.
2. The imposition of license fees and consent fees should not be unconstitutional and unreasonable.
3. Rice mills also come under the category of the industries and the provisions of the Water Pollution (Prevention and Control) Act, 1974 will apply to these mills also.
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