Dadu Majra dump: High Court puts Chandigarh MC on notice

Chandigarh, July 20

The Punjab and Haryana High Court today put the Municipal Corporation of Chandigarh on notice on an application seeking the initiation of perjury proceedings under Section 340 of the CrPC for “knowingly and deliberately providing false and fabricated information on an affidavit” in the Dadu Majra garbage dump case.

In his application placed before the Division Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli, petitioner-applicant Amit Sharma submitted such information was furnished with “the intention to deceive the court and lead to the formation of an erroneous opinion on crucial matters pertaining to proceedings, which impact over 50,000 citizens in Dadu Majra”

Elaborating, Sharma submitted the respondent corporation deliberately concealed crucial facts and information from the court despite having actual and constructive knowledge. In an affidavit, it said the MC had built a 1200-metre-long and 4.5-metre-high wall around the dumping ground to give aesthetic look and for leachate control.

It also said a leachate treatment plant was operational, but concealed that the recently constructed boundary wall separating the residential area and the garbage dump had collapsed. Besides, leachate flow continued uninterrupted throughout the entire area.

Sharma added the officers concerned, since 2016, promised a solution to clear the “legacy garbage”. March this year was finally set as the extended deadline, beyond the legally allowed time limit, by the “worthy” Commissioner in his own statement. “Unfortunately, despite these promises, the area remains un-cleared, with the existing mountain of garbage still intact, and an additional mountain growing rapidly”.

Sharma contended the respondent corporation had, in fact, repeatedly filed action taken reports on affidavit containing inaccurate figures. The status report submitted on December 2, 2022, presented incorrect numbers regarding the total waste processed. Another status report submitted on September 30, 2022, presented conflicting details regarding the number of compost pits, as compared to the information provided to the National Green Tribunal (NGT) and the court. “Additionally, the compliance report covering issues which impact human lives directly, like information about leachate management, submitted to the NGT and this court contains different responses, further exacerbating the disparity,” he added.

Before parting with the application, Sharma added it was clear that the respondent throughout the judicial proceedings had knowingly and intentionally continued to file false information in the affidavit “and the verification clause”.