Dayodaya Parivaar Dharmartha & ... vs The State Of M.P. And Ors.
2022 Latest Caselaw 306 MP

     IN THE HIGH COURT OF JUDICATURE FOR MADHYA PRADESH AT
                            JABALPUR
                 ON THE 6th OF JANUARY, 2022
                           BEFORE
           HON'BLE SHRI JUSTICE RAVI MALIMATH,
                       CHIEF JUSTICE
                              &
     HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV

                     WRIT PETITION No. 4451 of 2004


         Between:-
1        DAYODAYA PARIVAAR DHARMARTHA
         TRUST (A TRUST REGISTERED WITH
         REGISTRAR       PUBLIC        TRUSTS,
         RAJNANDGAON) NEW ADDRESS: P.O.
         SAWANGA,     DISTT.      CHHINDWADA
         THROUGH THE AUTHORIZED SIGNATORY
         RAMKISHORE NANDWANSHI AGE 20
         YEARS    S/O    SHRI     SHANKARLAL
         NANDWANSHI OCCUPATION ; BUSINESS
         (NANDWANSHI TENT HOUSE) R/O STATION
         ROAD      OBEDULLAGANJ,       TEHSIL:
         GOHARGANJ, DISTT. RAISEN

2        RAMKSHORE NANDWANSHI, AGE 20
         YEARS,  S/O     SHRI     SHANKARLAL
         NANDWANSHI OCCUPATION ; BUSINESS
         (NANDWANSHI TENT HOUSE) R/O STATION
         ROAD     OBEDULLAGANJ,       TEHSIL:
         GOHARGANJ, DISTT. RAISEN


                                                      .....PETITIONERS

        (SHRI N.S. RUPRAH, ADVOCATE FOR PETITIONERS)

        AND

1.      THE STATE OF MADHYA PRADESH THR.
        SECRETARY HEALTH DEPARTMENT, GOVT.
        OF MADHYA PRADESH, BHOPAL

2.      CONTROLLER FOODS & DRUGS, BHOPAL

3.      UNION OF INDIA THROUGH SECRETARY,
        HEALTH    AND    FAMILY  WELFARE
        DEPARTMENT, GOVT. OF INDIA, NEW
        DELHI

4.      POLLUTION CONTROL BOARD, THROUGH
        ITS CHAIRMAN, PARYAVAS BHAVAN,
                                        2




       PANCHANAN BUILDING, BHOPAL

5      COLLECTOR, DISTRICT RAISEN

6.     S.M.V. BEVERAGES, MANDIDEEP, DISTRICT
       RAISEN

7      NAGAR PALIKA PARISHAD, MANDIDEEP,
       DISTT. RAISEN

8.     HINDUSTAN COCA COLA BEVERAGES PVT.
       LTD. PLOT NO.169-175 AKVN INDUSTRIAL
       AREA,   VILL:   PILLUKHEDI,   TEHSIL:
       NARSINGHGARH, DISTT. RAJGARH

                                                           .....RESPONDENTS
       (SHRI SWAPNIL GANGULY, DEPUTY ADVOCATE GENERAL FOR
       RESPONDENTS NO.1, 2 & 5, SHRI ASHISH SHROTI, ADVOCATE FOR
       RESPONDENTS NO. 4 AND SHRI S.C. BAGADIYA SENIOR ADVOCATE
       WITH SHRI JUBIN PRASAD, ADVOCATE FOR RESPONDENT NO.8)
....................................................................................................

      This appeal coming on for hearing this day, Hon'ble Shri Justice

Ravi Malimath, Chief Justice passed the following:

                                   ORDER

The plea of the petitioners, in brief, is that the respondent Nos. 6 and 8

manufacture various soft drinks, which according to the petitioners contain

various chemicals and pesticides, etc. That, these pesticides and chemicals

are much higher than the desired limit. Therefore, the instant writ petition

was filed seeking for a direction to the respondents to ensure for removal of

pesticides/poisonous substances from all products being marketed by them

and various other reliefs.

Presently, learned counsel for respondent No.8 has produced a copy of

the judgment of Hon'ble Supreme Court dated 03.10.2013 in the case of

Hindustan Coca-Cola Beverages P.Ltd. Vs. Santosh Mittal & Others and

connected appeals wherein the very subject matter involved in this petition

was considered by the Hon'ble Supreme Court.

On considering the same, by the order dated 03.10.2013 various

directions were issued to the respondents. Therefore, learned counsels

submit that this petition may be disposed in terms of the directions of the

Hon'ble Supreme Court.

In view of the submission made, this petition is disposed off in terms

of the order dated 03.10.2013 passed by the Hon'ble Supreme Court in the

case of Hindustan Coca-Cola Beverages P.Ltd. Vs. Santosh Mittal & Others

and connected appeals.

         (RAVI MALIMATH)                                 (PURUSHAINDRA KUMAR KAURAV)
           CHIEF JUSTICE                                            JUDGE




         SKM


Digitally signed by
SANTOSH MASSEY
Date: 2022.01.10
12:58:37 +05'30'