Punjab-Haryana High Court
Municipal Corporation And Others vs State Of Haryana And Another on 27 November, 2024
Neutral Citation No:=2024:PHHC:157361
CRM-M-25753-2023 and other connected matters
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211 (5 cases)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of Decision:- 27.11.2024
(1)
CRM-M-25753-2023
Municipal Corporation, B.K. Chowk, Faridabad and others
....Petitioners
Versus
State of Haryana and another ....Respondents
(2)
CRM-M-25971-2023
Municipal Corporation, B.K. Chowk, Faridabad and others
....Petitioners
Versus
State of Haryana and another ....Respondents
(3)
CRM-M-25978-2023
Municipal Corporation, B.K. Chowk, Faridabad and others
....Petitioners
Versus
State of Haryana and another ....Respondents
(4)
CRM-M-26014-2023
Municipal Corporation, B.K. Chowk, Faridabad and others
....Petitioners
Versus
State of Haryana and another ....Respondents
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(5)
CRM-M-62645-2023
Municipal Corporation, B.K. Chowk, Faridabad and others
....Petitioners
Versus
State of Haryana and another ....Respondents
CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present:- Mr. Piyush Bansal, Advocate
for the petitioners.
Mr. Kanwar Sanjiv Kumar, AAG, Haryana.
Mr. Pawan Girdhar, Advocate with
Ms. Manju Goyal, Advocate
for respondent No. 2.
****
AMARJOT BHATTI, J.
1. All aforementioned petitions, with the consent of learned
counsel for parties are taken up together as matter in controversy involved
in all cases is the same.
2. Petitioners Municipal Corporation, Faridabad through its
Commissioner Vijay Dhaka, Executive Engineer, Nawal Singh, Assistant
Engineer and Manoj Kumar, Junior Engineer (in CRM-M Nos. 25753,
25971, 25978, 26014 and 62645 of 2023) alongwith petitioners namely
Thakur Lal Sharma, then Chief Engineer, Birender Kumar Kardam, Chief
Engineer and Deepak Yadav (Regular) J.E. (in CRM-M-62645-2023) have
filed five aforementioned petitions under Section 482 Cr.P.C. seeking
quashing of criminal complaint(s) and summoning order(s) i.e.
(i) Complaint No. 23 of 2020, under Section 43 read with Section
47 for violation of Section 24 of The Water (Prevention and
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Control of Pollution) Act, 1974 (hereinafter to be referred as “Act”)
(Annexure P-2) and summoning order dated 20.10.2022 (Annexure
P-3), in CRM-M-25753-2023.
(ii) Complaint No. 10 of 2019, under Section 43 read with Section
44 for violation of Section 25 of the Act (Annexure P-3) and
summoning order dated 27.02.2020 (Annexure P-4), in CRM-M-
25971-2023.
(iii) Complaint No. 11 of 2019, under Section 43 read with Section
44 for violation of Section 24 and 25 of the Act (Annexure P-3)
and summoning order dated 27.02.2020 (Annexure P-4), in CRM-
M-25978-2023.
(iv) Complaint No. 22 of 2020, under Section 43 read with Section
47 for violation of Section 24 of the Act (Annexure P-2) and
summoning order dated 20.10.2022 (Annexure P-3), in CRM-M-
26014-2023.
(v) Complaint No. 61 of 2022, under Section 43, 44 read with
Section 47 for violation of Section 24 and 25 of the Act (Annexure
P-6) and summoning order dated 11.01.2023 (Annexure P-7), in
CRM-M-62645-2023.
and further prayer for quashing all subsequent proceedings
emanating therefrom.
BRIEF FACTS IN CRM-M-25753-2023
3. As per the facts narrated in complaint Annexure P-2 filed by
Haryana State Pollution Control Board through Sachin Kumar, A.E.E.
against M/s Municipal Corporation, B.K. Chowk, Faridabad and others, 45
MLD STP at village Mirzapur was installed by Public Health Engineering
Department of Government of Haryana, which was later on transferred for
operation and maintenance to Municipal Corporation, Faridabad-accused
No. 1. As per notification No. 14/79/2018-4C-I dated 20.09.2018, issued by
Urban Local Bodies Department, Government of Haryana, Chief Engineer,
Municipal Corporation being Head of Office/Department was responsible
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for regulating operation and maintenance of work within his jurisdiction for
the purpose of Section 48 of the Act. Other accused being Executive
Engineer, Assistant Engineer and Junior Engineer were all deputed by
accused No. 1 to look after the operation and maintenance of STP involved
in present case. Smt. Akansha Tanwar, A.E.E. on 01.08.2019 inspected 45
MLD STP at village Mirzapur and sample of effluent from inlet and outlet
of STP was collected in the presence of Sh. Sushil Kumar, after service of
notice of intention to have sample for analysis as per procedure prescribed
under the Act. Sample was sent for analysis and as per Analysis Report No.
214 dated 12.08.2019, parameters were found exceeding the prescribed
limit laid down by complainant board. Show cause notice for prosecution
was issued to accused vide Letter No. 2082 dated 20.08.2019 but no reply
was submitted. Ultimately, complaint Annexure P-2 was filed. In aforesaid
complaint, summoning order dated 20.10.2022, Annexure P-3 is passed by
Presiding Officer-cum-Judicial Magistrate First Class, Special
Environment Court, Faridabad.
BRIEF FACTS IN CRM-M-25971-2023
4. As per the facts narrated in complaint Annexure P-3 filed by
Haryana State Pollution Control Board through Neha Saharan, A.E.E.
against M/s Municipal Corporation, B.K. Chowk, Faridabad and others, 20
MLD STP at village Badshahpur, District Faridabad was installed by
accused No. 1 M/s Municipal Corporation, Faridabad to treat the sewerage
generated in the Municipal Area of Faridabad City and accused No. 2 to 5
were responsible Officers and Incharge of day to day affairs of running and
control of treatment plant. All accused did not comply with the law and
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started discharge of untreated sewage in Budiya Nallah, thus, polluted
underground water. Team of Officers was constituted by Head Office vide
Letter No. 6320-6321 dated 18.03.2019 for inspection and sampling of STP
installed at Badshahpur, Faridabad. Team inspected the site and prepared
spot inspection report at the spot and collected sample for analysis from
inlet and outlet of STP in the presence of Sh. Nawal Singh, Assistant
Engineer after service of notice of intention to have sample for analysis as
per procedure prescribed under the Act. Sample was sent for analysis and
as per Analysis Report No. 365 dated 07.03.2019, parameters were found
exceeding with general standards adopted by complainant board. As per
notification No. 14/79/2018-4C-I dated 20.09.2018, all accused are
responsible for the operation of STP. Show cause notice for closure under
Section 33-A and prosecution under Section 43 and 44 were issued to
accused vide Letter No. 9640-41 dated 12.03.2019 and reply to said notice
was filed by accused No. 1 vide their memo No. MCF/EE/2019/09 dated
27.03.2019. Ultimately, complaint Annexure P-3 was filed. In aforesaid
complaint, summoning order dated 27.02.2020, Annexure P-4 is passed by
Presiding Officer-cum-Judicial Magistrate First Class, Special
Environment Court, Faridabad.
BRIEF FACTS IN CRM-M-25978-2023
5. As per the facts narrated in complaint Annexure P-3 filed by
Haryana State Pollution Control Board through Neha Saharan, A.E.E.
against M/s Municipal Corporation, B.K. Chowk, Faridabad and others, 45
MLD STP at village Badshahpur, District Faridabad was installed by
accused No. 1 M/s Municipal Corporation, Faridabad and outsourced to
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accused No. 6 of which accused No. 7 and 8 are responsible persons,
looking after day to day affairs of accused No. 6 and accused No. 2 to 5 are
responsible Engineers of Municipal Corporation. As per notification No.
14/79/2018-4C-I dated 20.09.2018, issued by Urban Local Bodies
Department, Government of Haryana, Chief Engineer, Municipal
Corporation being Head of Office/Department was responsible for
regulating operation and maintenance of work within his jurisdiction for
the purpose of Section 48 of the Act. Team of Officers was constituted by
Head Office vide Letter No. 6320-6321 dated 18.03.2019 for inspection
and sampling of STP installed at Badshahpur, Faridabad. On 02.03.2019,
team inspected the site and prepared spot inspection report and collected
sample for analysis from inlet and outlet of STP in the presence of Sh.
Nawal Singh, Assistant Engineer, after service of notice of intention to
have sample for analysis as per procedure prescribed under the Act. Sample
was sent for analysis and as per Analysis Report No. 366 dated 07.03.2019,
parameters were found exceeding with general standards adopted by
complainant board. Accused unit was discharging sewerage, found
exceeding the prescribed limit in Budiya Nallah of District Faridabad
which directly meets river Yamuna causing pollution of surface and
underground water in violation of Section 24 of the Act. Show cause notice
for closure under Section 33-A and prosecution under Section 43 and 44
were issued to accused vide Letter No. 9638-39 dated 12.03.2019 and reply
to said notice was filed by accused No. 1 vide their memo No.
MCF/EE/2019/09 dated 27.03.2019. Ultimately, complaint Annexure P-3
was filed. In aforesaid complaint, summoning order dated 27.02.2020,
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Annexure P-4 is passed by Presiding Officer-cum-Judicial Magistrate First
Class, Special Environment Court, Faridabad.
BRIEF FACTS IN CRM-M-26014-2023
6. As per the facts narrated in complaint Annexure P-2 filed by
Haryana State Pollution Control Board through Sachin Kumar, A.E.E.
against M/s Municipal Corporation, B.K. Chowk, Faridabad and others, 50
MLD STP at village Partapgarh was installed by Public Health Engineering
Department of Government of Haryana, which was later on transferred for
operation and maintenance to Municipal Corporation, Faridabad-accused
No. 1. As per notification No. 14/79/2018-4C-I dated 20.09.2018, issued by
Urban Local Bodies Department, Government of Haryana, Chief Engineer,
Municipal Corporation being Head of Office/Department was responsible
for regulating operation and maintenance of work within his jurisdiction for
the purpose of Section 48 of the Act. Other accused being Executive
Engineer, Assistant Engineer and Junior Engineer were all deputed by
accused No. 1 to look after the operation and maintenance of STP involved
in present case. Smt. Akansha Tanwar, A.E.E. on 01.08.2019 inspected 50
MLD STP at village Partapgarh and sample of effluent from inlet and
outlet of STP was collected in the presence of Sh. Sushil Kumar after
service of notice of intention to have sample for analysis as per procedure
prescribed under the Act. Sample was sent for analysis and as per Analysis
Report No. 213 dated 12.08.2019, parameters were found exceeding the
prescribed limit laid down by complainant board. Show cause notice for
prosecution was issued to accused vide Letter No. 2079 dated 20.08.2019
but no reply was submitted. Ultimately, complaint Annexure P-2 was filed.
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In aforesaid complaint, summoning order dated 20.10.2022, Annexure P-3
is passed by Presiding Officer-cum-Judicial Magistrate First Class, Special
Environment Court, Faridabad.
BRIEF FACTS IN CRM-M-62645-2023
7. As per the facts narrated in complaint Annexure P-6 filed by
Haryana State Pollution Control Board through Abhijeet Singh Tanwar,
A.E.E. against M/s Municipal Corporation, B.K. Chowk, Faridabad and
others, 45 MLD STP at village Mirzapur was installed by Public Health
Engineering Department of Government of Haryana, which was later on
transferred for operation and maintenance to Municipal Corporation,
Faridabad-accused No. 1. As per notification No. 14/79/2018-4C-I dated
20.09.2018, issued by Urban Local Bodies Department, Government of
Haryana, Chief Engineer, Municipal Corporation being Head of
Office/Department was responsible for regulating operation and
maintenance of work within his jurisdiction for the purpose of Section 48
of the Act. Other accused being Executive Engineer, Assistant Engineer
and Junior Engineer were all deputed by accused No. 1 to look after the
operation and maintenance of STP involved in present case. From
22.01.2020 to 10.11.2020, STP has been inspected seven times and every
time during inspection sample of effluent from outlet has been collected
and sent for analysis and according to Analysis Reports, sample was not
confirming to standard prescribed by Board. It is also necessary to mention
here that accused No. 2 to 7 are Officers of accused No. 1 and they were
posted to look after the operation and work of STP involved in present
matter on behalf of accused No. 1. On 22.01.2020, Sachin Kumar, the then
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A.E.E. inspected 45 MLD STP at village Mirzapur and sample of effluent
from inlet and outlet of STP was collected in the presence of Sh. Manoj
Kumar Sharma, Junior Engineer after service of notice of intention to have
sample for analysis as per procedure prescribed under the Act. Sample was
sent for analysis and as per Analysis Report No. 643-644 dated 29.01.2020,
parameters were found exceeding the standards laid down by complainant
board. Again on 12.05.2020, 22.06.2020, 24.07.2020, 18.08.2020,
22.09.2020 and 10.11.2020, said Sachin Kumar, the then A.E.E. inspected
STP and samples of effluent from inlet and outlet of STP were collected
but same were found exceeding the standards laid down by complainant
board. Show cause notices for prosecution were issued to accused vide
Letters No. 1442 dated 01.07.2020, 3036 dated 07.08.2020, 3206 dated
25.08.2020, 4410 dated 30.09.2020 and 5168 dated 18.11.2020. Ultimately,
complaint Annexure P-6 was filed. In aforesaid complaint, summoning
order dated 11.01.2023, Annexure P-7 is passed by Presiding Officer-cum-
Judicial Magistrate First Class, Special Environment Court, Faridabad.
8. Learned counsel for petitioners raised common arguments that
summoning order passed by Presiding Officer-cum-Judicial Magistrate
First Class, Special Environment Court, Faridabad is sheer abuse of process
of law and same is not sustainable. Impugned order is challenged on the
ground that it does not disclose commission of any offence on the part of
Municipal Commissioner, Municipal Corporation, Faridabad-petitioner
No.1. As per notification issued by Urban Local Bodies Department,
Government of Haryana, Chief Engineer in case of Municipal Corporation
or in his absence, other senior-most Engineer as Head of Department is
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responsible under the Rules, Regulations and By-laws framed under the
Act. Apart from this, there was no willful negligence on the part of
petitioner No. 1 nor same is elaborated in complaint as well as impugned
summoning order. It does not disclose that discharge of effluent was within
the active knowledge of petitioner No. 1 and other petitioners. On this
point, learned counsel for petitioners have relied upon the provisions of
Section 24 of the Act. It is further pointed out that impugned summoning
order(s) are passed in aforesaid complaints in violation of Section 49(1)(b)
of the Act. As per provisions, no Court shall take cognizance of any
offence under the Act if notice of less than 60 days, in the manner
prescribed, of the alleged offence and intention to make a complaint is
issued. This aspect of the case has not been considered by learned
Magistrate. Learned counsel for petitioners referred to the provisions of
Sections 48 and 49 of the Act. In fact, summoning order(s) passed in
aforesaid complaints are sheer abuse of process of Court. Petitioners have
been writing letters to the Regional Officer of Haryana State Pollution
Control Board time and again, stating that Mirzapur (45 MLD) STP
commissioned by Public Health Engineering Department in the year 1988
was handed over to Municipal Corporation, Faridabad in the year 2018 in a
dilapidated condition and with the passage of time, due to large number of
industrial units in the area and discharge of waste water into domestic
sewer network laid down by Corporation resulted in increase in the levels
of influent parameters of said STP. STP in question, based on UASB
technology was not effected in treating sewage having influent
characteristics inferior to the range set by CPCB/HSPCB. Said letter dated
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10.12.2021, Annexure P-5, was written to Regional Office. There was no
violation on the part of petitioners. Therefore, aforesaid complaints and
summoning orders passed thereon are liable to be quashed.
9. On the other hand, learned counsel representing respondent
No. 2 filed reply taking common stand that bare perusal of contents of
complaints, it is clear that proper procedure was followed as per the
provisions of the Act, while drawing samples and same were sent to
laboratory for analysis. Since samples tested in laboratory were found
exceeding parameters of prescribed limit, show cause notices were issued,
and thereafter complaints were filed. All relevant documents were annexed
with complaints and thereafter well-reasoned summoning orders were
passed by Presiding Officer-cum-Judicial Magistrate First Class, Special
Environment Court, Faridabad. Stand taken by petitioners is without any
basis. Complaints have been filed in consonance with notification as well
as provisions, detailed under the Act. Therefore, all petitions filed by
petitioners deserve dismissal.
10. I have considered the arguments and have gone through the
record in the aforesaid cases carefully. Complaints have been filed by
Haryana State Pollution Control Board through its authorized person
against M/s Municipal Corporation, Faridabad and others in view of
notification No. 14/79/2018-4C-I dated 20.09.2018. It is not disputed that
MLD STP (Sewage Treatment Plant) was under the control of Municipal
Corporation for operation and maintenance. In view of notification, Chief
Engineer, Municipal Corporation and in his absence, senior-most Engineer
were deputed for the operation and maintenance of STP. Section 24 of the
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Act prohibits use of streams or wells for the disposal of polluting matter
etc., and Section 43 of the Act deals with the penalty for contravention of
the provisions of Section 24. Section 47 deals with offences committed by
companies, whereas Section 48 deals with offences committed by
Government Departments. Section 49 of the Act deals with cognizance of
offences, which runs as under :-
“49. Cognizance of offences.–
(1) No court shall take cognizance of any offence under this Act
except on a complaint made by–
(a) a Board or any officer authorised in this behalf by it; or
(b) any person who has given notice of not less than sixty days, in
the manner prescribed, of the alleged offence and of his
intention to make a complaint, to the Board or officer
authorised as aforesaid,
and no court inferior to that of a Metropolitan Magistrate or a
Judicial Magistrate of the first class shall try any offence
punishable under this Act.
(2) Where a complaint has been made under clause (b) of sub-
section (1), the Board shall, on demand by such person, make
available the relevant reports in its possession to that person:
Provided that the Board may refuse to make any such report
available to such person if the same is, in its opinion, against the
public interest.
(3) Notwithstanding anything contained in section 29 of the Code
of Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any
Judicial Magistrate of the first class or for any Metropolitan
Magistrate to pass a sentence of imprisonment for a term
exceeding two years or of fine exceeding two thousand rupees on
any person convicted of an offence punishable under this Act.”
In the light of aforesaid provisions as detailed in the facts
narrated in each complaint, samples of effluents were drawn by the
authorized person as per rules and the report received from lab analyst was
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found to be exceeding prescribed limits. As a result, show cause notices
were given and complaints were filed as referred above. Petitioners, being
responsible for operation and maintenance of said STP, at this stage cannot
take the stand that there was no willful negligence on their part or that
discharge of effluents was not with the active knowledge of petitioner No.
1 or other petitioners. Petitioners cannot escape from their duty assigned to
them in their official capacity. So far as their defence is concerned, it can
be raised during course of trial. Petitioners also relied upon one letter
written by Executive Engineer, Municipal Corporation Faridabad to the
Regional Officer, Ballabgarh Region, Haryana State Pollution Control
Board, Faridabad dated 10.12.2021, explaining the difficulties faced by
Municipal Corporation, Faridabad while operating MLD STP. Firstly,
aforesaid letter dated 10.12.2021, Annexure P-5 in CRM-M-25753-2023,
pertains to a subsequent period whereas complaints were already filed
except complaint No. 61 of 2022. Points raised in said letter are, in fact,
matter of defence, which can be raised during trial.
In the light of aforesaid factual position, I do not find a fit case
for quashing of complaints and summoning orders passed thereon, as
referred above and petitions i.e. CRM-M Nos. 25753, 25971, 25978,
26014 and 62645 of 2023 filed by petitioners are accordingly dismissed.
11. Pending miscellaneous application(s), if any, in all cases shall
stands disposed of accordingly.
27.11.2024 (AMARJOT BHATTI)
lalit JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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