MANMOHAN SARIN
COURT IN ITS OWN MOTION – Appellant
Versus
J. R. GANGWANI – Respondent
( 1 ) THE facts giving rise to the present proceedings for contempt may be briefly noted. One Durga Devi had filed a petition impleading Anupam Gardens Friends Association as respondent No. 1 Chairman of Delhi Pollution Control Board later on substituted by Delhi Pollution Control Committee and the DVB as respondent No. 2 and 3. Smt Durga Devi claimed that she was legal heir of the Bhumidar who owned a plot of land of 176 sq yards in khasra No. 119 in Saidulajaib. The said plot had been handed over to respondent No. 1 Anupam Gardens Friends Association under an agreement to sell, power of attorney and receipt of possession etc. Grievance of the petitioner was that in stead of using the said plot of land for horticulture purpose, it was being misused for non-agriculture purpose in contravention of Delhi Land Reforms Act. Diesel generators were being run which were causing pollution.
( 2 ) SHOW cause notice had been issued to the respondent. DPCC after an inspection filed an affidavit that three generators were being run in contravention of Section 45 of Electricity Supply Act and there were sufficient deficiencies resulting in polluting activity. DPCC claim that it had
relying on : Major General BM Bhattacharjee (Retd) v. Russel Estate Corporation
REFERRED TO : Dr. (Mrs) Roshan Sam Joyee v. S. R. Cotton Mills Ltd.
Murray and Co v. Ashok Kumar Newatta
Lakshmi Narayan Dutta v. Smt Mira Rani Dey and ors.
relying on : Major General BM Bhattacharjee (Retd) v. Russel Estate Corporation
REFERRED TO : Dr. (Mrs) Roshan Sam Joyee v. S. R. Cotton Mills Ltd.
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