GURCHARANJEET, COMMITTEE EXECUTIVE MEMBER Vs. S.K. TUTEJA

JUDGEMENT

(1.) THE petitioner No. 1 approached this court by filing CWP No. 18274 of 1996. His prayer in the writ petition was that the Punjab State Electricity Board and its officers/officials should be stopped from releasing new electric connections to Industrial Establishments in residential localities in the city of Ludhiana. The respondents representing the Punjab State Electricity Board, in response to the Show Cause Notice issued by this court filed a detailed written statement, stating that the issuance of the electric connection is regulated by Instruction No. 41 of the Sales Manual. The reply of the respondents representing the Punjab State Electricity Board was duly taken notice of when CWP No. 18274 of 1996 was disposed of vide order dated 10.11.1997. A relevant extract of the aforesaid order is being reproduced hereunder for facility of reference :

(2.) THE petitioner, however, discovered that six Industrial Units have been released electric connections without clearance certificate from the Punjab Pollution Control Board. He was, therefore, aggrieved in as much as written statement filed before this court on the basis of which CWP No. 18274 of 1996 was disposed of on 10.11.1997, was based on deceit exercised by the respondents. It is the express case of the petitioner that wrong false facts were intentionally placed before this Court to get the petition dismissed. It is in these circumstances that the present Contempt Petition was filed by the petitioner, seeking to invoke action against the respondents under the Contempt of Courts Act, 1971 for having deliberately and intentionally misled this court with the ulterior objectives.

(3.) IT is further brought to the notice of this court by respondent No. 3 that despite the issuance of Memo. dated 2.9.1998 by the Punjab Pollution Control Board, electric connections were released by the Electricity Board only on submission of an affidavit on Non-judicial Stamp Paper expressly indicating that the consumer would not establish any industry in an approved residential area or colony in a Municipal/Notified Area Committee or in a Village Panchayat. An applicant was also required to affirm in the aforesaid affidavit that there would be no discharge of any trade affluent from the industry to be set up by the applicant in any well or sewer.