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IN THE COURT OF SH. SANJEEV JAIN:ADDL.
SESSIONS JUDGE /SPECIAL JUDGE: CBI03
(PC ACT) SOUTH DISTRICT: SAKET COURTS:
NEW DELHI
UID No. 02406R0147192015
Criminal Revision no. 30/15
1. East West Linkers
1213, Panchsheel Shopping Centre,
New Delhi 110 017.
2. Smt. Preet Singh
East West Linkers,
H.No. 241245, Shahpur Jat,
New Delhi 110 049. .........Petitioners
Vs.
1. Kuldeep Singh Tomar
House No. 224, Shapur Jat,
New Delhi 110 049.
2. Chairman/Member Secretary
Delhi Pollution Control Committee
I.S.B.T Building, Kashmeri Gate,
Delhi 110 006. ............Respondents
Criminal revision no. 30/2015 17.07.2015 Page no. 1/13
Date of Institution : 05.05.2015
Date of allocation : 06.05.2015
Date of arguments : 02.07.2015
Date of order : 17.07.2015
Criminal revision petition u/s 397 of The Code of
Criminal Procedure (in short "Cr.PC") against the order
dated 21.01.2015 passed by the Court of Sh. Ankit Singla,
ld. Metropolitan Magistrate03, Saket Courts, New Delhi.
Present: Sh. Vishal Gosain and Sh. Bipin B. Singh,
advocates for petitioners.
None for R1 Kuldeep Singh Tomar.
Sh. Nilesh Sahani, advocate for R2 Delhi
Pollution Control Committee.
O R D E R
1. In brief, this criminal revision petition has been filed by the petitioners U/S 397 Cr.P.C to challenge the impugned order dated 21.01.2015 passed by the Court of ld. Metropolitan Magistrate03, South, Saket Courts, New Delhi.
2. In brief, the facts of the case are that a complaint was filed by respondent no. 1 Kuldeep Singh Tomar (hereinafter referred as "complainant") against respondents M/s East West Linkers and Smt. Preet Singh, the owner of Criminal revision no. 30/2015 17.07.2015 Page no. 2/13 M/s East West Linkers (hereinafter at some places referred as "accused") U/S 19(b) of The Environment (Protection) Act, 1986 for the offence committed U/S 15 of The Environment (Protection) Act, 1986 (in short referred as "Environment Act").
3. In his complaint, the complainant alleged that he is resident of Shahpur Jat and accused M/s East West Linkers is running an industrial unit at premises no. 241 to 245, Shahpur Jat which is purely a residential area. As per complainant, M/s East West Liners is owned by Smt. Preet Singh. The complainant alleged that accused persons are carrying out illegal industrial activity in the premises without obtaining consent from Delhi Pollution Control Committee ( in short "DPCC") or any other authority. As per allegations, accused persons were using steam generator (boiler) in the process of industrial unit, which was causing air pollution. Complainant further alleged that DPCC had knowledge of the illegal activities of the accused persons but did not take any action and in this regard complainant relied upon certified copy of the written statement filed in suit no. 466/08. As per allegations, the generators were being used by Criminal revision no. 30/2015 17.07.2015 Page no. 3/13 the accused persons on the roof top without any permission and the ground water was also extracted without permission. The complainant alleged that accused persons were also violating the direction of Hon'ble Supreme Court given in M.C. Mehta vs. UOI that "no industrial activity shall be carried out in the nonconforming area." On these facts, the complainant prayed that accused persons be summoned for contravention of Section 3 and 7 of Environment Protection Act, which are punishable U/S 17 of the said Act.
4. The Court of ld. M.M took the cognizance of the offence, recorded the statement of the complainant and by impugned order dated 21.01.2015 decided to summon the accused persons to face trial for the offence U/S 3 r/w Section 17 of The Environment Act.
5. In revision petition, the impugned order has been challenged on various grounds during the course of arguments.
6. Ld. counsel for petitioners disputed the jurisdiction of the Court of ld. M.M. Ld. counsel for petitioners submitted that vide letter/order dated 23.02.2012 bearing No. 869/DHC/Gaz./DJS/VI.E.2(a)/G3/2012 issued Criminal revision no. 30/2015 17.07.2015 Page no. 4/13 by Hon'ble High Court of Delhi for the cases involving issues of Environmental Pollution and Ecological Destruction, the Court of Addl. Chief Metropolitan Magistrate (Special Acts) Central, Tis Hazari Courts, Delhi, was designated and therefore only the special designated Court of Addl. Chief Metropolitan Magistrate (Special Act), Tis Hazari Courts, Delhi have the exclusive jurisdiction to deal with the cases pertaining to the issues of Environmental Pollution and Ecological Destruction. For reference, the contents of the said letter/order are reproduced herein:
"No. 869/DHC/Gaz./DJS/VI.E2(a)/G3/2012 From:
The Registrar General High Court of Delhi, New Delhi.
To The District & Sessions Judge, Tis Hazari Courts, Delhi New Delhi, dated the 23.02.2012. Subject: Setting up of Special Environmental Courts for adjudication of the cases involved issues of Environmental Pollution and Ecological Destruction.
Criminal revision no. 30/2015 17.07.2015 Page no. 5/13 Madam, I am directed to refer to your letter No. 97/F.3(4)//MM/2012 dated 09.01.2012 on the above subject, and to say that Hon'ble the Acting Chief Justice and Hon'ble Judges of this Court have been pleased to designate the Court of Addl. Chief Metropolitan Magistrate (Special Act) Central, Tis Hazari, as the Court to deal with cases filed by the Delhi Pollution Control Committee involving issues of Environment Pollution and Ecological Destruction under the Water (Prevention and Control of Pollution) Act, the AIR (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986.
Yours faithfully, (O.P. Narang) Deputy Registrar (Gaz.) For Registrar General.
Endst.No._/Gaz/DJS/VI.E.2(a)/G3/2012 dated: Copy forwarded for information and necessary action to:
1. The District Judge & Addl. Sessions Judge I/C, SouthWest Distt. Dwarka Courts Complex, New Delhi.
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2. The District Judge & Addl. Sessions Judge I/C, East Distt. Karkardooma Courts Complex, Delhi.
3. The District Judge & Addl. Sessions Judge I/C North District, Tis Hazari Courts, Delhi.
4. The District Judge & Addl. Sessions Judge I/C (NorthWest & Outer) District, Rohini Courts, New Delhi.
5. The District Judge & Addl. Sessions Judge I/C West District, Tis Hazari Courts, Delhi.
6. The District Judge & Addl. Sessions Judge I/C South & SouthEast, Saket courts Complex, New Delhi.
7. The District Judge & Addl. Sessions Judge I/C, New Delhi District, Patiala House Courts, New Delhi.
8. The District Judge & Addl. Sessions Judge I/C, NorthEast Distt. Karkardooma Courts, Delhi.
9. The Addl. Secretary (DJ&LA) Govt. of NCT of Delhi (Department of Law, Justice & Legislative Affairs, Delhi Secretariat, I.P. Estate, New Delhi with reference to his letter No. F.1/10/2011Judl/13741375 dated 18.11.2011.
10. The Member Secretary, Delhi Pollution Control Committee, Department of Environment, Govt. of NCT of Delhi, 4th Criminal revision no. 30/2015 17.07.2015 Page no. 7/13 Floor, ISBT Building, Kashmere Gate, Delhi 110 006 with reference to his letter no. F.DPCC(10)(10)(02)/Leg11/74 dated 20.10.2011 addressed to the Addl. Secretary (Law Justice & LA), Govt. of NCT of Delhi.
(O.P. Narang) Deputy Registrar (Gaz)"
7. In the impugned order, in respect of the question of jurisdiction, ld. M.M observed that:
"As far as 1st point as to whether this Court has jurisdiction to deal with the present matter. Environment Act prescribed that Court of Metropolitan Magistrate has jurisdiction to deal with the matter. This Court has territorial jurisdiction of places where the industry in question is allegedly being run. However during Court proceedings, it was brought to the notice that there is one circular of Hon'ble High Court accordingly to which Court of ld. ACMM of Special Act only has power to deal with the cases under Environment Act.
However, the complainant argued that, that circular is prospective in nature. He further argued that circular deal with the cases Criminal revision no. 30/2015 17.07.2015 Page no. 8/13 which are filed by the DPCC and the present matter is filed by the individual after giving notice to the DPCC. Perusal of language used in the circular dt. 23.02.2012 shows that it deals with the cases which are filed by DPCC. This complaint is filed by an individual, not by DPCC. Hence this Court came to the conclusion that this Court has jurisdiction to try and proceed with this matter."
8. It is clear from the observation of ld. MM that ld. M.M accepted the arguments of complainant that the above mentioned circular is prospective in nature and is applicable only on the cases filed by DPCC. The observation of ld. Trial Court in respect of jurisdiction is disputed by ld. counsel for petitioners on the ground that the subject of the letter/order dated 23.02.2012 itself clarifies that the Special Court of ld. ACMM (Special Act) was designed by Hon'ble High Court of Delhi for adjudication of the cases involving issues of Environment Pollution and Ecological Destruction and in essence it includes all the cases either filed by DPCC or by way of individual complaint. Ld. counsel for petitioners argued that ld. M.M has misconstrued the letter/order dated Criminal revision no. 30/2015 17.07.2015 Page no. 9/13 23.02.2012. The intention behind letter/order could not be to create the Special Court of ld. ACMM only for the cases filed by DPCC by excluding the complaints filed by the individuals. The contention of ld. counsel for petitioners was supported by ld. counsel for respondent no. 2 appearing for DPCC. It was submitted by ld. counsel that DPCC is the only statutory body which deals with the cases pertaining to the pollution in Delhi and he is representing the DPCC's all the cases. Ld. counsel also submitted that after letter/order dated 23.02.2012, all the cases from different Courts of Delhi were transferred to the Court of ld. ACMM (Special Act) at Tis Hazari Courts, Delhi and no case under Pollution Act is pending in any other Courts in Delhi except the designated Court of ld. ACMM. Ld. counsel submitted that letter/order dated 23.02.2012 itself indicates that its copy was forwarded to all the ld. District Judges of different District Courts of Delhi and consequently all the cases pending in different Court were transferred. Ld. counsel for DPCC also submitted that he is representing DPCC in different cases before the designated Court of ld. ACMM (Special Act), Tis Hazari Courts, Delhi.
Criminal revision no. 30/2015 17.07.2015 Page no. 10/13
9. Respondent no. 1 (complainant) put his appearance before this Court after receiving the notice of criminal revision petition but thereafter he did not appear on 01.07.2015 and 02.07.2015.
10. The question of jurisdiction goes to the root of the matter. Though under Environment Act, ld. M.M has jurisdiction to take the cognizance of the offence but when a Special Court has been created by the order of Hon'ble High Court, no other Metropolitan Magistrate can entertain the cases under subject except the designated Court of Ld. ACMM (Special Act), Tis Hazari Courts, Delhi. In my view, ld. M.M fell in an error by misconstruing the letter/order dated 23.02.2012 issued by Hon'ble High Court of Delhi. From the subject of letter/order dated 23.02.2012 and its contents, it cannot be said that Hon'ble High Court intended to create Special Court of ld. ACMM (Special Act) only for the cases filed by DPCC and permitted the individual complainant to institute their cases at different Court Complexes. Moreover, the letter/order dated 23.02.2012 cannot be interpreted that it was prospective in nature and the Criminal revision no. 30/2015 17.07.2015 Page no. 11/13 pending cases in different Courts were to be tried in different Courts. I find force in the contention of ld. counsel for DPCC that Special Court was created by Hon'ble High Court of Delhi so that all the cases relating to Environment issues may be dealt with by one Special Court and individual complaint under Environment Act may be filed only after giving notice to the DPCC wherein DPCC is an essential and necessary party. In my opinion, in view of letter/order dated 23.02.2012, no other Court of ld. M.M except the Court of ld. ACMM (Special Act), Tis Hazari Courts, Delhi had jurisdiction to try the cases pertaining to the issues of Environmental Pollution and Ecological Destruction.
11. In view of above observations, in my opinion, impugned order passed by ld. M.M is without any jurisdiction and is liable to be set aside. Accordingly, the impugned order dated 21.01.2015 in respect of summoning of petitioners (accused persons) is set aside. In view of above observations, I do not deem it appropriate to deal with the respective arguments on the factual issues of the case. Revision petition is accordingly allowed. Criminal revision no. 30/2015 17.07.2015 Page no. 12/13
12. Accordingly, Trial Court Record be sent to ld. M.M alongwith the copy of the order with directions to transfer the case to the specially designated Court of ld. ACMM (Special Act), Central District, Tis Hazari Courts, Delhi, for proceedings in accordance with law. File be consigned to record room after due compliance.
Announced in the open court
on 17.07.2015 (Sanjeev Jain)
ASJ/Special Judge (PC Act)
(CBI3), South, Saket Court
New Delhi
Criminal revision no. 30/2015 17.07.2015 Page no. 13/13
CR No. 30/15
East West Linkers & Anr. vs. Kuldeep Singh Tomar & Anr. 17.07.2015 Present: Sh. Vishal Gosain, counsel for petitioners.
None for respondent no. 1.
Proxy counsel for the respondent no.2. By separate order announced in the open Court, revision petition is allowed. The impugned order dated 21.01.2015 in respect of summoning of petitioners (accused persons) is set aside. Trial Court record be sent to ld. M.M alongwith the copy of the order with directions to transfer the case to the specially designated Court of ld. ACMM (Special Act), Central District, Tis Hazari Courts, Delhi, for proceedings in accordance with law.
File be consigned to record room after due compliance.
(Sanjeev Jain) ASJ/Special Judge (PC Act) (CBI)3, South, Saket Courts, New Delhi/17.07.2015 Criminal revision no. 30/2015 17.07.2015 Page no. 14/13