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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.


                            J U D G M E N T


          D.B. Civil Special Appeal (Writ) No.424/2015


                         M/s Modi Industries
                                  v.
                      State of Rajasthan & Ors.


              Date of Judgment :: 4th August, 2015


                        P R E S E N T
               HON'BLE MR.JUSTICE GOVIND MATHUR
             HON'BLE MISS JUSTICE JAISHREE THAKUR

Mr. Sunil Joshi, for the appellant.
Mr. Sajjan Singh, Assistant to Dr. P.S.Bhati, Additional
Advocate General, for the State.
Mr. Manish Shishodia, for respondent Rajasthan State
Pollution Control Board.
                         ....

BY THE COURT :

Acting upon the direction given by the District Administration, Jodhpur, the Jodhpur Vidhyut 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-

"Having considered the submissions and after perusal of the material placed on record, it is apparent that the respondents have acted pursuant to the direction issued by the NGT by its order dated 27.11.2014, wherein the District Administration of Jodhpur was directed to stop illegal operation of washing, Grey/Printed Cloth received from Pali and Balotra with immediate effect and when despite the order admittedly on the date, the action was taken by the respondents, the petitioner was carrying on activities in contravention of the directions issued by the NGT.

In view of the above, in case, the petitioner wants any relief qua the action taken by the respondents pursuant to the directions dated 27.11.2014 issued by the NGT, the petitioner has to approach the NGT."

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 -3- 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.

Per contra, as per learned counsel for respondent Collector, Jodhpur, the action was taken by the Jodhpur Vidhyut Vitran Nigam Limited under instructions of the District Administration, Jodhpur on directions of the National Green Tribunal by its order dated 27.11.2014.

Heard learned counsel for the parties.

Suffice to mention that before the National Green Tribunal, New Delhi, Circuit Bench at Jodhpur certain Original Applications were filed agitating a common cause about pollution of river Jojari, the peripheral river of Jodhpur City as a result of industrial affluents which are toxic in nature. The Tribunal by order dated 27.11.2014 issued certain interim directions including that "the District Administration may be directed to stop illegal washing of Grey/Printed Cloth received from Pali and Balotra immediately to control the discharge of untreated industrial waste water into river Jojari through RIICO drain".

From perusal of the directions given it is apparent that that National Green Tribunal directed the -4- District Administration, Jodhpur to stop illegal washing of Grey/Printed Cloth received from Pali and Balotra. No authority was given to the District Administration, Jodhpur by the National Green Tribunal to instruct Jodhpur Vidhyut Vitran Nigam Limited to stop electricity supply to the petitioner or any other firm that may be involved in illegal washing of Grey/Printed Cloth received from Pali and Balotra. The petitioner firm is indulged in the business of printing, dyeing, bleaching and washing of cloth and may be receiving cloths from stations other than Pali and Balotra. The disconnection of electricity supply shall close down work of the petitioner firm relating to washing of cloths for other stations also. The District Administration, Jodhpur, therefore, had no authority to issue instructions for disconnection of the electricity supply. The authority available to the District Administration, Jodhpur under the orders of National Green Tribunal is only to the extent of restraining the person/ establishment/firm/company from washing printed/grey cloths received from Pali and Balotra. The measures required to be taken for that purpose must be different than to order for disconnection of electricity supply. It shall also be appropriate to mention that if the District Administration, Jodhpur found the petitioner guilty of any act that may amount to violation of the provisions of the Act of 1974, then the appropriate course was to make a complaint in this regard to the State Pollution Board and the State Pollution Board by acting upon that would have initiated process to stop electricity supply as prescribed under Section 33-A of the Act of 1974.

For the reasons given above, the impugned action of the Jodhpur Vidhyut Vitran Nigam Limited undertaken at the instance of District Administration, Jodhpur is without jurisdiction, hence is declared illegal. Respondent Jodhpur Vidhyut Vitran Nigam Limited is directed to restore electricity connection of the petitioner forthwith.

The special appeal is allowed accordingly. The acceptance of this appeal shall not prevent the District Administration, Jodhpur to take all necessary steps in consonance with the directions given by the National Green Tribunal under the order dated 27.11.2014 and also the State Pollution Board to take necessary steps to invoke the power under Section 33-A of the Act of 1974.

No order to costs.

(JAISHREE THAKUR),J. (GOVIND MATHUR),J. kkm/ps.