M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) By order dated 22/11/1996 this court had called upon the General Manager, Eastern railway and the General Manager, South eastern Railway to show cause as to why pollution fine be not imposed on them as they have not set up the necessary pollution control system in Liluah Workshop situated at Liluah, howrah and Kancharapara Workshop situated at Kancharapara coming under the jurisdiction of Eastern Railway and kharagpur Workshop situated at Kharagpur, midnapore coming under the jurisdiction of south Eastern Railway.

(2.) There has been no appearance on behalf of the General Manager, Eastern railway. An affidavit has been filed by Mr. R. N. Malhotra who happens to be the General manager, South Eastern Railway, Garden reach, Calcutta. The counsel appearing for the General Manager, South Eastern Railway is also not present in the court when the case is called. We have seen the affidavit filed by Mr. Malhotra and are sorry to say that the affidavit does not indicate any reason as to why the pollution fine should not be imposed. But, before levying any pollution fine, we are inclined to grant another opportunity to the General Manager, South eastern Railway. The General Manager, south Eastern Railway shall file an affidavit giving the details as to what action has been taken so far as the Kharagpur workshop is concerned. Notice be issued to the General Manager South Eastern railway to appear before this court in person on 14/10/1999, through registered post as well as through West Bengal Pollution control Board.

(3.) So far as General Manager, Eastern railway is concerned, no appearance even having been made so far, we call upon the said General Manager to appear in person before this court on 14/10/1999 to show cause why he should not be duly dealt with under the provisions of Contempt of courts Act, inasmuch as non-appearance on his part and non-filing of affidavit has caused gross miscarriage of justice as the court work could not be proceeded with. Notice be issued to the General Manager, Eastern Railway by registered post and through West Bengal pollution Control Board.