M.C. MEHTA versus UNION OF INDIA AND ORS. IN THE MATTER OF M/S ASHOK CHABRA & CO. BY ITS SOLE PROPRIETOR ASHOK CHABRA

M.C. MEHTA versus UNION OF INDIA AND ORS. IN THE MATTER OF M/S ASHOK CHABRA & CO. BY ITS SOLE PROPRIETOR ASHOK CHABRA

Operation of hot mix plant, categorized as hazardous/noxious, in Delhi in defiance of Supreme Court orders constitutes contempt of court; filing false affidavit amounts to criminal contempt; belated, non-remorseful apology is insufficient, warranting exemplary punishment due to societal health risk.

Parties
Applicant: M.C. Mehta; Respondent: Union of India; Contemner: Ashok Chhabra & Co. (Ashok Kumar Chhabra, Sole Proprietor)
Jurisdiction
India
Judgment Date
02 April 2003
Procedural Posture
Contempt Petition (i.a. No. 1203 in I.a. No. 22 in Writ Petition (c) No. 4677 of 1985, Original Jurisdiction) / Disposition
Outcome
Contemner found guilty of contempt of court; petition disposed of.
Legal Topics
Contempt of Court, Hazardous Industries, Air Pollution, Tendering Apology in Contempt Proceedings, Relocation of Industries
Environmental Law Constitutional Law Criminal Law Contempt of Court Hazardous Industries Air Pollution Tendering Apology in Contempt Proceedings Relocation of Industries

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Parties

M.C. Mehta

Applicant

Union of India

Respondent

Ashok Chhabra & Co. (Ashok Kumar Chhabra, Sole Proprietor)

Contemner

Procedural Posture

Contempt Petition (i.a. No. 1203 in I.a. No. 22 in Writ Petition (c) No. 4677 of 1985, Original Jurisdiction) / Disposition

Legal Issues

  1. 1 Whether operation of hot mix plant, categorized as hazardous/noxious industry, in Delhi in defiance of Supreme Court orders amounts to contempt of court
  2. 2 Whether a false affidavit constitutes criminal contempt
  3. 3 Whether tendered apology in reply to contempt notice is valid and acceptable

Ratio Decidendi

Operation of hot mix plant, categorized as hazardous/noxious, in Delhi in defiance of Supreme Court orders constitutes contempt of court; filing false affidavit amounts to criminal contempt; belated, non-remorseful apology is insufficient, warranting exemplary punishment due to societal health risk.

Court Disposition

Contemner found guilty of contempt of court; petition disposed of.

Orders

  • Sentenced contemner to one-week simple imprisonment.
  • Imposed cost of Rs. one lakh on contemner to be deposited in the Registry within two weeks; 50% to Delhi Pollution Control Committee, 50% to amicus curiae Mr. Ranjit Kumar.