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2003 DIGILAW 1412 (RAJ)

Municipal Council, Tonk v. Serve Seva Sansthan Tonk

2003-10-15

SHASHI KANT SHARMA, SHIV KUMAR SHARMA

body2003
Honble SHIV KUMAR SHARMA, J.–In the instant matters that were taken up for final disposal with the consent of learned counsel for the parties, the petitioners sought to quash the award dated April 2, 2003 of the Permanent Lok Adalat Tonk, made under sub-section (8) of Section 22 C of the Legal Services Authorities Act, 1987 (for short the Act) whereby the Municipal Council Tonk was directed to discontinue the operation of slaughter house situated near Jaipur- Kota National High-Way No. 12. (2). The Lok Adalats constituted under Chapter VI of the Act, can settle disputes only on the basis of compromise or settlement between the parties. If the parties do not arrive at a settlement, or compromise, the case is either returned to the court of law or the parties are advised to seek remedy in a court of law. This caused unnecessary delay in dispensation of justice. The framers of Law therefore decided to amend the Act by inserting a new Chapter VI-A to set up Permanent Lok Adalats to provide compulsory pre-litigative mechanism for conciliation and settlement of cases relating to `Public Utility Service. Under the new scheme, the Permanent Lok Adalat will in the first instance, try to bring about conciliation between the parties and in case the parties are not able to arrive at settlement the Permanent Lok Adalat shall proceed to dispose of the matter on merits. The special feature of the amendments to the Legal Services Authorities (Amendment) Act 2002 are - (i) It seeks to provide compulsory pre-litigative mechanism for conciliation and settlement of cases relating to public utility services. (ii) The public utility services like transport of passengers or goods by air, road or water, postal, telegraph or telephonic service, supply of power and water to the public, public conservancy or sanitation, hospitals and insurance have been brought within the purview of the Permanent Lok Adalats. (iii) After an application is filed by any party before the Permanent Lok Adalat for settlement, no party shall invoke jurisdiction of any Court or Tribunal. (iv) The Permanent Lok Adalat conduct the conciliation proceedings in such a manner as it considers appropriate taking into account the circumstances of the case, the wishes of the parties including any request for oral hearing. (iv) The Permanent Lok Adalat conduct the conciliation proceedings in such a manner as it considers appropriate taking into account the circumstances of the case, the wishes of the parties including any request for oral hearing. The Lok Adalat shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute. Where it appears to Lok Adalat that there exists an element of settlement which may be acceptable to the parties, it shall formulate the terms of a possible settlement and submit them to the parties for their observations. After receiving observations from the parties, it may formulate the terms of a possible settlement in the light of such observations. (v) In case the parties are not able to arrive at any compromise or settlement, the Lok Adalat shall proceed to dispose of the case on merits if it does not relate to an offence. The Lok Adalat while determining the case on merits shall be guided by the principles of natural justice, objectively, fair play, equity and other principles. (vi) The Lok Adalat shall have the requisite powers to specify its own procedure for determination of any dispute coming before it. (vii) Award made by Permanent Lok Adalats shall be final, binding and shall not be questioned in any original suit, application, or adjudication proceedings. (viii) The award shall be deemed to be a decree of civil court. (ix) Monetary jurisdiction of Permanent Lok Adalats fixed at Rs. 10 lakhs with power conferred on the Government to revise it from time to time. (x) Permanent Lok Adalat will comprise a chairperson with judicial experience and two other persons having adequate experience in public utility services. (3). The importance of the amendment lies in promoting welfare of the society by enabling the people to approach Lok Adalats. The amendment attempts to remove the helplessness of a consumer which he faces in the field of public utility services. The might of public bodies which are degenerating into store house of inaction where papers do not move from one desk to another as a matter of duty and responsibility but for extraneous consideration leaving the common man helpless, bewildered and shocked. The malady is becoming so rampant, widespread and deep that the society instead of bothering, complaining and fighting for it, accepting it as part of life. The malady is becoming so rampant, widespread and deep that the society instead of bothering, complaining and fighting for it, accepting it as part of life. The amendment in these harsh realities appears to be a silver lining which may in course of time succeed in checking the rot. (4). The Rajasthan State Legal Services Authorities in exercise of the powers conferred under Section 22 B of the Act as amended by Act No. 37 of 2002 vide Notification No. RALSA/Estt.(F- 11)2002/1 dated August 19, 2002 has established Permanent Lok Adalats in all the 33 Judicial Districts of the State of Rajasthan in respect of all the Public Utility Services as defined in clause (b) of section 22 A of the Act. All the sitting District Judges as Chairmen and the members have been appointed after making necessary recommendation and seeking nomination as required by clause (b) of sub-section (2) of Section 22 B of the Act, who shall exercise jurisdiction in the respective judgeship. (5). After Permanent Lok Adalat was constituted in District Tonk, respondent Sarva Seva Sansthan (for short SSS) filed an application before it under sub-section (1) of Section 22 C of the Act for the settlement of dispute related to system of public conservancy and sanitation. It was inter alia stated in the application that slaughter house situated near Jaipur- Kota, National Highway No. 12 openly violated the Rules and Regulations as a result of which nearby areas was polluted and inhabitants of that area lived under the shadow of diseases. Because of waste water, blood etc. left open by the slaughter house, under-ground water of the town also became polluted. Thus a prayer was made to forthwith discontinue the operation of slaughter house in the interest of public conservancy and sanitation and to shift it to village Chironj where land was allotted for this purpose. On receiving notices of the application the petitioner Municipal Council (for short MC) submitted reply and denied the allegations made in the application. It was averred that 100 animals used to be slaughtered every day in accordance with the Animal Slaughter House Control Rules 1967. The wastage and blood used to be stored in a tank and disposed off far away from the residential area. All arrangements were also made to prevent pollution. It was averred that 100 animals used to be slaughtered every day in accordance with the Animal Slaughter House Control Rules 1967. The wastage and blood used to be stored in a tank and disposed off far away from the residential area. All arrangements were also made to prevent pollution. It was further pleaded that the scheme to establish a new slaughtering House and Karcus plant was forwarded and sanction of competent authority to establish the said plant is awaited. The District Collector Tonk and the Pollution Control Board Rajasthan had also filed separate replies. MC in support of its reply submitted five documents. (6). The Permanent Lok Adalat Tonk (for short PLA) after failing in attempt to amicably settle the matter, decided it on merit as indicated above. (7). We have heard the rival submissions and scanned the material on record. (8). Article 21 of the Constitution of India guarantees the fundamental right to life and personal liberty to all the people of India. This right includes the right to have a living environment congenial to human existence. The State therefore has been directed ``to endeavour to protect and improve the environment and safeguard the forests and wild life of the country. (Article 48 A). The word `environment covers all factors affecting life, air, water, dust, sound vibration, gas and temperature. It is the pious duty of the State to protect the environment from all activities whatever hazardous to public health. As per Article 51 A (g) it is the fundamental duty of every citizen of India ``to improve and protect the natural environment. In Municipal Council Ratlam vs. Vardhichand (1), their Lordships of the Supreme Court affirmed the citizens right to get a public nuisance removed and directed the Municipality of Ratlam to build sufficient number of latrines, stop effluents from a nearby alcohol plant from flowing into the street and make sure that mosquito breeding was stopped. In Fertilizer Corporation Kamgar Union vs. U.O.I. (2), the Apex Court indicated as under - ``Our current processual jurisprudence is not for individualistic Anglo- Indian mould. It is broad based and people- oriented and envisions access to justice through `class- actions, Public interest litigation and `representative proceedings. We have no hesitation in holding that the narrow concept of individual litigation is becoming obsolescent in some jurisdiction. It is broad based and people- oriented and envisions access to justice through `class- actions, Public interest litigation and `representative proceedings. We have no hesitation in holding that the narrow concept of individual litigation is becoming obsolescent in some jurisdiction. Article 47 of the Constitution also declares that the State has a duty to prohibit health hazard activities and to remove the insanitary conditions. It makes a paramount principle of governance that steps are taken for the improvement of public health as amongst its primary duties. (9). Air pollution can effect the earths heat balance, wind can transport pollution many miles from its source, causing such effects as acid rain, and inversions can cause pollutants to accumulate in an area in dangerous concentrations. The presence of substances in the ambient atmospheres resulting from the activity of man or from natural processes, causing adverse effects to men and environment. It makes interference with the comfortable engagement of life. Air pollutants enter the body through respiratory system. Cleaning mechanism for the lungs brings some particles upto where they are swallowed or expelled. These toxic substances are injurious to human health. (10). We do not find any merit in the submission of learned counsel for the petitioners that the PLA exceeded jurisdiction while making impugned award. The dispute neither related to money nor to property so as to limit pecuniary jurisdiction within Rs. 10 lakhs. It related to public conservancy and sanitation. Second proviso appended to sub-section (1) of Section 22 C of the Act only mandates that PLA shall not have jurisdiction in the matter where the value of the property in dispute exceeds ten lakh rupees. This provision is not applicable to matters related to public conservancy and sanitation. In so far as the submission in regard to majority of the persons constituting the PLA is concerned we find it devoid of merit as the impugned award was made by chairman and one member of PLA in accordance with sub- section (3) of Section 22 E of the Act which provides that the award shall be made by a majority of the persons constituting the PLA and as per sub-section (2) of Section 22 B of the Act, one Chairman and two members constitutes the PLA. (11). (11). It was also canvassed on behalf of the petitioners that PLA did not consider the alternative prayer of SSS in regard to shifting of slaughter house. In our opinion it was not within the domain of the PLA to issue direction to Union of India to grant sanction to establish new slaughter house. The petitioner MC can approach the Union of India for according the sanction. (12). On a close scrutiny of material on record we find that environment of District Tonk got polluted by the activities of slaughter house and looking to the public conservancy and sanitation the PLA conducted conciliation proceedings in accordance with the scheme provided under the Act. (13). For the reasons aforesaid we do not find any merit in the writ petitions and the same stand dismissed without any order as to costs. The interim orders passed during the pendency of writ petitions stand vacated. We however, observe that the MC Tonk may file application before the Union of India for according sanction in regard to project submitted before it for establishing Slaughter House and Karcus Plant. The Union of India is expected to dispose the application within two months from the date of its receipt. (14). Before parting with we intend to observe that all the matters related to public utility services as defined under the Legal Services Authorities Act 1987 are required to be registered in the category of public interest litigation.