Back
2003 Supreme(Del) 194
High Court Of Delhi
COURT IN ITS OWN MOTION - Appellant
Versus
J.R.GANGWANI - Respondent
Contempt Civil Petition 134 of 2003
Decided On : 02/24/2003
A.K.SINGH, ASHOK KASHYAP, ATUL BATRA, J.R.GANGVANI
Headnote:Electricity (Supply) Act, 1948 - Section 45 — Pollution control — Running of generators in contravention of Section 45 of Electricity (Supply) Act — Deficiencies resulting in polluting activity — Prima facie case of contempt made out and in response to show cause notice parties undertaking to seal the generators and the plot of land intended for horticultural purposes not be used for non-agricultural purposes in contravention of Delhi Land Reforms Act — Descaling the premises and generators and selling the same to another society to commence supply of electricity to the residents of same block and others in clear breach of undertaking given — Office-bearers of both societies guilty of contempt — Unconditional apology — Contemnors sentenced to a period till rising of the court and with fine — Contempt of Court Act, 1973, Section 12.
Held :
All office-bearers of M/s. Anupam Garden Friends Association and M/s. Green Country Society have tendered unconditional apology. Counsel on their behalf have prayed for clemency and for a quietus to be applied.
Undoubtedly, the contemnors, office-bearers of the two societies are mature persons. It cannot be said that these persons were oblivious or did not know or could not anticipate their actions. The manner in which the entire exercise of obtaining permission from the court for descaling and removal of generators was obtained shows that the actions were planned and deliberate. The question which now needs to be considered is whether the apologies tendered are sincere and there is genuine remorse. It is also necessary that members of our society inculcate and imbibe an attitude that law is meant to be obeyed and respected. An impression especially amongst the well-to-do sections of the society that law can be disobeyed or disregarded with impunity or without any adverse consequences flowing needs to be dispelled. Yet at the same time in case there is genuine remorse and a sincere apology punishment awarded should not be severe or punitive. Public interest also requires that punishment and sentence should have elements of being curative. The contemnors are guilty of willful disobedience of Court order and the undertaking given.
Let the contemnors the office bearers of M/s. A make a voluntary contribution of Rs. 25,000/- each totaling Rs. 1 lakh to the Prime Ministers Relief Fund as proposed by them. Similarly, let M/s. B make voluntary contribution of Rs. 50,000/- to the Delhi Legal Service Authority.
( 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 informed the Chief Engineer of DVB, SDM as well as the Chief Electrical inspector and Govt of NCT. However, no action had been taken. It was claimed that electricity tax was to be levied by MCD.
( 3 ) VIDE orders passed on 22. 11. 2002 in the above writ petition, it was noted that a prima facie a case for proceeding for contempt against J. R. Gangwani son of Shri K. G. Gangwani, President, of Anupam Gardens Friends Association, for breach of the order dated 31. 5. 2002 and the undertaking given to the court on behalf of the Society was made out. It was directed that notice be issued to Shri J. R. Gangwani to show cause as to why he should not be proceeded against for contempt of court and punished. Subsequently, vide order dated 19. 2. 2002 notice was also directed to be issued to the office bearers of Green Country Society, namely Shri PNS Myer, V. K. Bhatnagar and Mr Prithvi Raj Singh, President, Secretary and treasurer of the Association, to show cause why they should not be proceeded against for contempt and be punished. Notices were also issued requiring the concerned Engineers of BSES Rajdhani Power Ltd, successor in interest of DVB, to be present in court with recod. Due to an administrative error, CCP was not registered and numbered. This being merely a procedural error. Let the CCP be registered and numbered now.
( 4 ) THIS Bench vide order dated 27. 1. 2002 directed that since the matter has been pending since 1999, DVB and DPCC to take immediate action to ensure that no polluting activity was carried out and unauthorised generators are not permitted to be operated without due sanction as required under law. The said generators were accordingly sealed, which resulted in respondent No. 1 entering appearance and praying for desealing of the generators. A separate writ petition no. 1006/02 was also filed for seeking directions for grant of permission.
( 5 ) ON 23. 5. 2002, counsel and president of respondent no. 1 i. e. Anupam Gardens Friends Association sought to make a statement which was recorded. The statement made by the counsel is as under:
"i have instructions on behalf of respondent no. 1 to state that respondent No. 1 shall not use the said generators without obtaining permission from the appropriate authorities and clearance from Delhi pollution Control Committee. "
( 6 ) THE court upon the said submission being made, directed that an affidavit be filed including undertaking of respondent No. 1 that it shall not instal and use the said generators in Anupam Gardens, Sainik Farms General Karriapa Marg, without approval as required and clearance from DPCC. Respondent No. 1 thereupon filed affidavit cum undertaking of Mr Gangwani president of respondent No. 1. Vide orders dated 31. 5. 2002, the affidavit cum undertaking dated 29. 5. 2002,
