A.C. NAGPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment shall dispose of two petitions, i.e., Civil Writ Petitions No. 1058 of 1999 and 1821 of 1999 as both arise from an order of reference dated January 30, 2001, by a Division Bench of this Court. For facility of dictating judgment, facts are being taken from CWP No. 1058 of 1999.

(2.) The Reference was made to the Full Bench by the order dated January 30, 2001. The Reference order passed by Division Bench of this Court doubted the correctness of the decision of an earlier Division Bench in Indian Medical Association Jagadhri-Yamuna Nagar Branch v. State of Haryana and Ors. Civil Writ Petition No. 898 of 1999 rendered on July 26, 1999. The said judgment declared the amendment in the bye-laws by Notification dated July 20, 1998, as ultra vires the provisions of the Haryana Municipal Act, 1973, in so far as entries 45 and 46 were concerned. The learned Division Bench in the referral order has questioned the correctness of the said judgment on the ground that the impugned entries were clearly referable to Clause (x) of Section 200 of the Haryana Municipal Act. Reference to a Full Bench had also been made on the ground that the expression 'place of business' occurring in Section 128(1)(d) of the said Act has not been given the correct meaning. The Division Bench on the basis of the above perceived error referred the matter to a larger Bench.

(3.) Learned Counsel for the parties informed us that the judgment in Indian Medical Association's case (supra) has been fully accepted by the State of Haryana and had become final. Learned Counsel for the petitioners has also informed us that the provisions of Section 200 (x) of the said Act are being complied with by the petitioners. He has further stated that in any event, the safety of any emanation of waste/ bye-products of the petitioners' concern is ensured and is now governed by Bio-Medical Waste (Management and Handling) Rules, 1998.