HC notice to UT on 97-yr-old’s plea

Tribune News Service

Chandigarh, May 21

The Punjab and Haryana High Court on Monday put the UT Administration on notice on a petition filed by 97-year-old retired Army officer against the move to make installation of solar photovoltaic (SPV) power plant mandatory for residential and non-residential buildings.

In his petition before the Bench of Justice Mahesh Grover and Justice Rajbir Sehrawat, Col Prithipal Singh Gill (retd) had asserted that the threat of plot resumption held out to those failing to comply with the direction amounts to “intimidation” or in any case an “attempt to intimidate”.

Colonel Gill, through his counsel Prateek Gupta, had also asserted that the threat was without any reason. It was based on a notification, which was without any legal sanction or authority.

“This clearly makes for criminal offences under Section 506 (criminal intimidation) or Section 506 read with Section 511 (attempting to commit offences punishable with imprisonment for life) of the Indian Penal Code against the official/officials concerned of the UT Administration and the Chandigarh Renewable Energy and Science and Technology Promotion Society (CREST), who have issued such threats without complying with the principles of natural justice,” he added.

Gill was seeking the quashing and setting aside of a notification dated May 18, 2016, purported to have been issued by the Chief Administrator making the installation of solar power plant mandatory.

Claiming it was without any legal sanction or authority, Gupta contended it was also illegal, arbitrary and in colourable exercise of power on the part of the then Chief Administrator. Directions were sought for staying its operation, implementation and effect during the pendency of the petition.

Gupta claimed that the UT Administration had no power or authority whatsoever under Section 4 of the Capital of Punjab (Development and Regulation) Act, 1952, to issue such a notification.