MODI INDUSTRIES Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) ACTING upon the direction given by the District Administration, Jodhpur, the Jodhpur Vidyut Vitran Nigam Limited disconnected electric supply available to the petitioner firm which is having business of printing, dyeing, bleaching and washing of cloths. The District Administration, Jodhpur instructed the Jodhpur Vidhyut Vitran Nigam Limited to disconnect electric supply to the petitioner in pursuance to the directions said to be given by the National Green Tribunal, New Delhi, Circuit Bench at Jodhpur. The writ petition giving challenge to the disconnection of the electricity supply preferred by the petitioner came to be dismissed by learned Single Bench by order impugned dated 29.5.2015 by observing as under:

(2.) IN appeal, the argument advanced is that the National Green Tribunal never directed the District Administration, Jodhpur for taking any action to the extent of closing down business of the petitioner firm by disconnecting electricity supply. Without prejudice to the above, it is also stated that even as per the respondents the disconnection of electricity supply was made for violation of the provisions of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as 'the Act of 1974'), however, the Act aforesaid nowhere empowers the District Administration to instruct for disconnection of electricity supply. This argument is substantiated with the aid of section 33 -A of the Act of 1974, according to which the power to give directions for stoppage or regulation of supply of electricity is available to the State Pollution Board and that too after adhering the procedure given under the Act of 1974 itself. It is asserted that learned Single Bench failed to appreciate that disconnection of the electricity supply was wholly without jurisdiction and, therefore, the writ petition could have not been dismissed being not maintainable.

(3.) HEARD learned Counsel for the parties.