Gurcharanjeet, Committee Executive Member, Environment And Health Protection Society - v. S. K. Tuteja
2000-10-31
JAGDISH SINGH KHEHAR
body2000
DigiLaw.ai
Judgment J.S.Khehar, J. 1. The petitioner No. 1 approached this court by filing CWP No. 18274 of 1996. His prayer in the writ petition was that the Punjab State Electricity Board and its officers/officials should be stopped from releasing new electric connections to Industrial Establishments in residential localities in the city of Ludhiana. The respondents representing the Punjab State Electricity Board, in response to the Show Cause Notice issued by this court filed a detailed written statement, stating that the issuance of the electric connection is regulated by Instruction No. 41 of the Sales Manual. The reply of the respondents representing the Punjab State Electricity Board was duly taken notice of when CWP No. 18274 of 1996 was disposed of vide order dated 10.11.1997. A relevant extract of the aforesaid order is being reproduced hereunder for facility of reference : "It has been stated that the actual connection/extension is released to the Industrial Units only on the submission of clearance certificate from the Punjab Pollution Board; it has further been stated that installation of adequate pollution control equipment has been made applicable to all industries falling under red category and no extension is admissible even where the load is less than 20 KW; it has also been stated that if any industry violates the rules/instructions issued by the Punjab Pollution Board, in that case the Punjab State Electricity Board is at liberty to disconnect the connection and the same would not be released till the compliance is made by the industries concerned." Perusal of the aforesaid extract leads to the conclusion that an electric connection/extension could be released only upon the submission of clearance certificate issued by the Punjab Pollution Control Board. Since the respondents expressly stated that no electric connections were being released without following Instrument No. 41, the aforesaid writ petition was disposed of on 10.11.1997. 2. The petitioner, however, discovered that six Industrial Units have been released electric connections without clearance certificate from the Punjab Pollution Control Board. He was, therefore, aggrieved in as much as written statement filed before this court on the basis of which CWP No. 18274 of 1996 was disposed of on 10.11.1997, was based on deceit exercised by the respondents. It is the express case of the petitioner that wrong false facts were intentionally placed before this Court to get the petition dismissed.
He was, therefore, aggrieved in as much as written statement filed before this court on the basis of which CWP No. 18274 of 1996 was disposed of on 10.11.1997, was based on deceit exercised by the respondents. It is the express case of the petitioner that wrong false facts were intentionally placed before this Court to get the petition dismissed. It is in these circumstances that the present Contempt Petition was filed by the petitioner, seeking to invoke action against the respondents under the Contempt of Courts Act, 1971 for having deliberately and intentionally misled this court with the ulterior objectives. 3. Respondent No. 3, Surjit Singh, Sr. Executive Engineer has filed a detailed written statement indicating the factual position in so far as the release of electric connections to the aforesaid six Industrial Units (referred to in Para 4 of the Contempt Petition) are concerned. It has expressly been stated in the written statement filed by respondent No. 3 that inspite of Instruction No. 41; the Punjab Pollution Board vide Memo dated 2.9.1998 had exempted 63 types of Small Scale Industries from obtaining consent/no objection certificate from the Punjab Pollution Control Board as envisaged under Instruction No. 41. It is stated by respondent No. 3 that the six Industries referred to in Para 4 of the Contempt Petition filed, fell in the exempted category of Small Scale Industries indicated in the Memo dated 2.9.1998, referred to above. 4. It is further brought to the notice of this court by respondent No. 3 that despite the issuance of Memo. dated 2.9.1998 by the Punjab Pollution Control Board, electric connections were released by the Electricity Board only on submission of an affidavit on Non-judicial Stamp Paper expressly indicating that the consumer would not establish any industry in an approved residential area or colony in a Municipal/Notified Area Committee or in a Village Panchayat. An applicant was also required to affirm in the aforesaid affidavit that there would be no discharge of any trade affluent from the industry to be set up by the applicant in any well or sewer. 5. Since 63 industries were exempted from obtaining consent/no objection certificate from the Punjab Pollution Control Board, Instruction No. 41 could not be implemented against the aforesaid 63 industries since Punjab Pollution Control Board did not issue consent/no objection certificate in respect of the said industries.
5. Since 63 industries were exempted from obtaining consent/no objection certificate from the Punjab Pollution Control Board, Instruction No. 41 could not be implemented against the aforesaid 63 industries since Punjab Pollution Control Board did not issue consent/no objection certificate in respect of the said industries. However, after affidavits were duly filed, as indicated above, the Revenue Accountant/Sub-Divisional Officer released the electric connections to the six industries referred to in Para 4 of the Contempt Petition. 6. On being confronted that the aforesaid electric connections have been released in residential colonies, it is stated on behalf of respondent No. 3 that each of the connection holders had filed an affidavit expressly indicating that the industry established was not being set up in a residential area. It was only on the basis of false facts indicated in the affidavits filed on behalf of the consumers that the electric connections were released. Now, on the filing of the instant Contempt Petition, it has been discovered that these connections have been released in residential areas and, therefore, all the six connections have been disconnected and departmental proceedings have been initiated against the Revenue Accountant/Sub-Divisional Officer, who had sanctioned the release of the connections in question. 7. In view of the factual position expressed above, it is apparent that there was no effort of respondent No. 3 or for that matter on the part of respondents No. 1 and 2 to mislead this court in any manner or to obtain favourable orders by exercising deception. In fact, it is the clear case made out in the affidavit filed by respondent No. 3 that the electric connections were released on the basis of false affidavits filed by the six consumers namely Jasvir Singh, Daljit Singh, Hardev Singh, Sewak Singh, Jaswant Singh and Darbara Singh referred to in para 4 of the Contempt Petition. This Court is satisfied that there is no action at the behest of any of the respondents, requiring the initiation of proceedings under the Contempt of Courts Act, 1971. This court is further satisfied with the action initiated against the Revenue Accountant as well as the Sub-Division Officer, who were responsible for releasing the connections in question. 8.
This Court is satisfied that there is no action at the behest of any of the respondents, requiring the initiation of proceedings under the Contempt of Courts Act, 1971. This court is further satisfied with the action initiated against the Revenue Accountant as well as the Sub-Division Officer, who were responsible for releasing the connections in question. 8. It is, however, noticed with some dismay that although the connections are stated to have been released on the basis of filing of false affidavit, no action has been initiated against those, who filed the said false affidavits. In view of the factual position narrated above, while this court finds no good ground to initiate proceedings under the Contempt of Courts Act, 1971, however, this court finds itself compelled to require respondent No. 3 to initiate criminal proceedings against those six persons referred to hereinabove, who filed false affidavits and obtained electric connections on the basis of the said false affidavits. It is in these circumstances that respondent No. 3 is directed to lodge a First Information Report, against Jasvir Singh, Daljit Singh, Hardev Singh, Sewak Singh, Jaswant Singh and Darbara Singh, who were released electric connections vide Accounts No. SR- 01/1075, SR 01/1076, SR-01/1077, SR-01/1078, SR-01/1079 and SR-01/1080, within three months from today. Disposed of in the aforesaid terms. Copy of this order be supplied Dasti on payment of usual charges.