Water (Prevention and Control of Pollution) Act, 1974 - Sec.133- Cr.P.C.Sec.133 - Magistrate - Jurisdiction limited.

In regard to pollution of water by effluents, the Water Act is a complete code in itself and if these two provisions are to co-exist, that would certainly be causing inconvenience, if not conflict of jurisdiction. The provisions of the Water Act by implication,, repeal the provisions of Sec.133 of Cr.P.C in so far as they relate to prevention and control of water pollution. Therefore Executive Magistrate has no jurisdiction to deal with it under the provisions of Sec.133. [ Tata Tea Ltd vs. State of Kerala. 1984 KLT 645. U.L.Bhat {J}]


M.Krishna Panicker vs M.Appukuttan Nair. 1993 (1) KLJ 725. Chettur Sankaran Nair and P.A.Mohammed (JJ)]