Karnataka HC Disposes Neighbour’s Toilet-Waste Discharge Plea After Hotel Toilets Demolished, Says PCB Must Act If Owner Fails To Comply With Notice

The petitioner sought directions to prevent alleged discharge of sewage and effluents from respondent No. 1’s hotel into public drains and the ground near his house, alleging contamination of his well. He also sought action under Sections 25 and 44 of the Water (Prevention and Control of Pollution) Act, 1974, and demolition of allegedly illegal toilets and related structures.

During the proceedings, respondent No. 1 filed a memo with photographs stating that the toilets had been demolished.

The petitioner nevertheless contended that a proper treatment plant had not been installed and referred to Pollution Control Board notices concerning deficiencies and possible action under the Act.

The Court disposed of the petition under its writ jurisdiction, but did not set out or determine the substantive requirements of the Water (Prevention and Control of Pollution) Act, 1974.

Sections 25 and 44 of that Act were referred to in the petitioner’s submissions concerning consent and proposed enforcement action, rather than analysed as grounds for a judicial finding.

The Court left it to the Pollution Control Board to take appropriate action if respondent No. 1 failed to comply with the queries in its notice.

The Court treated the memo and photographs showing demolition of the toilets as answering the petitioner’s specific grievance that toilet waste was being released into the rainwater stream.

On that basis, it considered that no further relief survived in the petition, notwithstanding the petitioner’s submission about the absence of a proper treatment plant and the earlier Pollution Control Board notices.

It did not determine whether the hotel complied with the Act or whether the notices were legally sufficient; it left any resulting enforcement action to the Board.

It clarified that the Pollution Control Board could take appropriate action if respondent No. 1 failed to comply with the queries raised in its notice.