MAHABIR COKE INDUSTRY Vs. POLLUTION CONTROL BOARD

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of the learned Single Judge imposing a fine of Rs.20,000 upon the appellant for misrepresentation of facts in obtaining the order for status quo on 21.11.1995. The order passed by the learned Single Judge (V.D. Gyani, J.), (which is held to be as a result of misrepresentation), is reproduced below:

(2.) At the very outset we are constrained to observe that a Writ Court as such should not impose any fine and in all probability it is beyond the jurisdiction of the Writ Court to impose a fine on a party. The Writ Court could have imposed costs or exemplary costs but not fine.

(3.) In order to determine whether there was any misrepresentation in obtaining the order which has been reproduced in the earlier part of the judgment, it is necessary to examine the facts of the instant case. The writ petitioner was running a coke industry and it was alleged that it is emitting polluted air exceeding the permissible limits. In all the petitioner industry had 3 blocks. All the blocks were ordered to be closed down by an order dated 27.9.95 by the Pollution Control Board. On representation by the writ petitioner, 2 blocks were allowed to be operated on 17.10.95. The order reads asunder: