VINEET KUMAR MATHUR Vs. UNION OF INDIA

JUDGEMENT

(1.) This order may be read in continuation of our order dated 8.11.1995.

(2.) Two contempt notices have been issued to the respondents herein. Brig. Kapil Mohan and Shri Yogesh Kumar, Managing Director and Chief Executive Officer respectively of Mohan Meakins Limited. The first pertains to their operating the plant between 7th and 11.04.1993 in contravention of the orders of this court dated 15.1.1993 while the second notice concerns their obtaining the 'consent' from the Uttai- Pradesh Pollution Control Board (UPPCB) on 21.4.1993 and operating their plant on that basis in contravention of the said order dated 15.1.1993. The arguments on the first notice were heard on the previous day of hearing when the contempt case against the ex officio Chairman and Member-Secretary of UPPCB was heard. On the second notice, we have now heard Shri F.S. Nariman for the contemners. Shri P.H. Parekh again assisted us as amicus curiae.

(3.) We shall deal with the first notice in the first instance. In terms of the order dated 15.1.1993, Mohan Meakin's plant was closed on and with effect from 1.4.1993 since the PCB refused to certify that the said plant has attained the prescribed level of anti-pollution standards. There was no order from this court or from the PCB permitting the said plant to operate. It is an admitted fact that the said plant was operated between 7th and 11.04.1993. The explanation offered by the contemners for it is contained in the affidavit filed by Shri Yogesh Kumar on 27.4.1993 and the affidavit filed by Brig. Kapil Mohan on 1.5.1993. Their case is that the running of the plant between the said two dates was necessary to avoid danger to public health and safety. It is stated that according to the advice of the technical experts, if the plant had remained closed for more than seven days, process of destabilisation would set in which could have been very harmful to the general public. It is in view of the said advice, they stated, they started the plant just to avoid the process of destabilisation from setting in. They also asserted that before starting the plant, Shri Yogesh Kumar filed an affidavit in this court stating the correct facts and the compulsions under which the unit had to work for a short period. Brig. Kapil Mohan, Managing Director, stated in addition that he is not directly concerned with the functioning and working of Mohan Meakins plant which, according to him, is in the hands of Shri Yogesh Kumar and other officials. He has however, accepted his overall responsibility as the Managing Director for what has been done. He fully supported and reiterated the reason assigned by Shri Yogesh Kumar for running the plant between the said two dates.