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(xii) On 04.11.2022 the learned Judge passed final orders in
the contempt petitions, virtually modifying the original
order passed on 22.09.2022. The operative portion of the
Order passed on 04.11.2022 passed in the batch of
contempt petitions reads as follows:
“9. Therefore, this Court is inclined to grant
permission to conduct procession and public meeting
on 06.11.2022 on the following conditions:-
i.
The procession and public meetings should be
conducted in a compounded premises such as
Ground or Stadium. It is made clear that while
proceeding to conduct procession and public
meeting, the participants shall go by walk or by their
respective vehicles without causing any hindrance to
the general public and traffic.
During the program, nobody shall either sing
ii.
songs or speak ill on any individuals, any caste,
religion, etc.,
iii.
Those who participate in the program shall not
for any reason talk or express anything in favour of
organizations banned by Government of India. They
should also not indulge in any act disturbing the
sovereignty and integrity of our country.
The program should be conducted without
iv.
causing any hindrance to public or traffic.
The participants shall not bring any stick, lathi
v.
or weapon that may cause injury to any one.
7
The organizer(s)
vi.
shall make adequate
arrangements for drinking water and proper First
Aid/Ambulance/Mobile Toilets/CCTV Cameras/Fire
Fighting equipments etc., in consultation with the
Police/Civic/Local Bodies as directed by the police.
keep sufficient
vii. The organizer(s)
volunteers to help the police for regulation of traffic
and the participants.
shall
viii. Only box type speakers should be used and
output of the speakers should not exceed 15
watts~ad within a radius of 30 meters only. Cone
Speakers should not be used at any cost.
ix.
In the procession, the processionists shall not
by any manner offend the sentiments of any
religious, linguistics, cultural and other groups.
x.
An undertaking to reimburse the cost for any
damage that may occur enroute to any
public/private property and an undertaking to bear
the compensation/replacement costs as well, if are to
be awarded to any other institution/person, who may
apply for the same.
xi.
If there is violation of any one of the conditions
imposed, the concerned police officer is at liberty to
take necessary action, as per law.”
(xiii) Aggrieved by the order so passed by the learned Judge on
04.11.2022 in the batch of contempt petitions, a batch of
intra-court appeals were filed by the organizers. These
intra-court appeals were allowed by a Division Bench of
the High Court by an order dated 10.02.2023. The
operative portion of the order of the Division Bench reads
as follows:-
“33.
In the result, the order dated 04.11.2022
passed in the contempt petitions, which is under
challange in the present LPAs, is set aside, and
the order dated 22.09.2022 passed in the writ
petitions stand restored and would be
enforceable. As the dates on which the appellants
8
wanted to conduct the route-march, have passed,
it is only appropriate that a direction be issued in
this regard. Accordingly, the appellants are
directed to approach the State authorities with
three different dates of their choice for the
purpose of holding the route-march/peaceful
procession and the State authorities are directed
to grant permission to the appellants on one of
the chosen dates out of the three. The
organization shall ensure that strict discipline is
followed at their end and that there is no
provocation or incitement on their part. The State
on the other hand has to take adequate safety
measures and make traffic arrangements to
ensure that the procession and the meeting shall
go on peacefully.”
(xiv) Challenging the order of the Division Bench passed in the
intra-court appeals arising out of the order passed in the
contempt petitions, the Secretary to Government, Home
Department, the Director General of Police, the
Commissioner of Police and the Inspector of Police first
came up with a special leave petition in Special Leave
Petition (C) No.4163 of 2023. When this special leave
petition came up for orders as to admission on
03.03.2023, it was submitted by Shri Mukul Rohatgi,
learned senior counsel and Shri V. Krishnamurthy,
learned AAG for the State of Tamil Nadu that the State
would come up with some suggestions as to how best to
resolve the issue. Therefore, Special Leave Petition (C)
No.4163 of 2023 was adjourned to 17.03.2023.
(xv) Subsequently, the State filed the other special leave
petitions challenging the earliest order of the learned
Judge of the High Court dated 22.09.2022 passed in the
batch of writ petitions as well as the order dated
9
02.11.2022 passed by the learned Judge in the batch of
review applications.
(xvi) Thus we have on hand, three special leave petitions, the
first one arising out of the last order, namely, that of the
Division Bench of the High Court dated 10.02.2023 and
the other two special leave petitions arising out of the
earlier orders of the learned Single Judge dated
22.09.2022 and 02.11.2022.
5.
Insofar as the first special leave petition is concerned, it arises
out of the order of the Division Bench passed in a batch of intra-
court appeals challenging the order passed by the learned Judge in
a batch of contempt petitions. This Court need not even go into
several aspects argued across the Bar, for the simple reason that
the learned Judge travelled beyond the scope of a contempt petition
and this is why the said order warranted interference by the
Division Bench. After having disposed of the batch of main writ
petitions by a final order dated 22.09.2022 in a particular manner
and after having dismissed the batch of review applications on
02.11.2022, the learned Judge could not have modified his original
order dated 22.09.2022 in a batch of contempt petitions on
04.11.2022. Therefore, the Division Bench of the High Court was
justified in interfering with the order of the learned Judge. On this
10
short ground, Special Leave Petition (C) No.4163 of 2023 deserves
to be dismissed. | <para>
(xii) On 04.11.2022 the learned Judge passed final orders in
the contempt petitions, virtually modifying the original
order passed on 22.09.2022. The operative portion of the
Order passed on 04.11.2022 passed in the batch of
contempt petitions reads as follows:
“9. Therefore, this Court is inclined to grant
permission to conduct procession and public meeting
on 06.11.2022 on the following conditions:-
i.
The procession and public meetings should be
conducted in a compounded premises such as
Ground or Stadium. It is made clear that while
proceeding to conduct procession and public
meeting, the participants shall go by walk or by their
respective vehicles without causing any hindrance to
the general public and traffic.
During the program, nobody shall either sing
ii.
songs or speak ill on any individuals, any caste,
religion, etc.,
iii.
Those who participate in the program shall not
for any reason talk or express anything in favour of
organizations banned by Government of India. They
should also not indulge in any act disturbing the
sovereignty and integrity of our country.
The program should be conducted without
iv.
causing any hindrance to public or traffic.
The participants shall not bring any stick, lathi
v.
or weapon that may cause injury to any one.
7
The organizer(s)
vi.
shall make adequate
arrangements for drinking water and proper First
Aid/Ambulance/Mobile Toilets/CCTV Cameras/Fire
Fighting equipments etc., in consultation with the
Police/Civic/Local Bodies as directed by the police.
keep sufficient
vii. The organizer(s)
volunteers to help the police for regulation of traffic
and the participants.
shall
viii. Only box type speakers should be used and
output of the speakers should not exceed 15
watts~ad within a radius of 30 meters only. Cone
Speakers should not be used at any cost.
ix.
In the procession, the processionists shall not
by any manner offend the sentiments of any
religious, linguistics, cultural and other groups.
x.
An undertaking to reimburse the cost for any
damage that may occur enroute to any
public/private property and an undertaking to bear
the compensation/replacement costs as well, if are to
be awarded to any other institution/person, who may
apply for the same.
xi.
If there is violation of any one of the conditions
imposed, the concerned police officer is at liberty to
take necessary action, as per law.”
(xiii) Aggrieved by the order so passed by the learned Judge on
04.11.2022 in the batch of contempt petitions, a batch of
intra-court appeals were filed by the organizers. These
intra-court appeals were allowed by a Division Bench of
the High Court by an order dated 10.02.2023. The
operative portion of the order of the Division Bench reads
as follows:-
“33.
In the result, the order dated 04.11.2022
passed in the contempt petitions, which is under
challange in the present LPAs, is set aside, and
the order dated 22.09.2022 passed in the writ
petitions stand restored and would be
enforceable. As the dates on which the appellants
8
wanted to conduct the route-march, have passed,
it is only appropriate that a direction be issued in
this regard. Accordingly, the appellants are
directed to approach the State authorities with
three different dates of their choice for the
purpose of holding the route-march/peaceful
procession and the State authorities are directed
to grant permission to the appellants on one of
the chosen dates out of the three. The
organization shall ensure that strict discipline is
followed at their end and that there is no
provocation or incitement on their part. The State
on the other hand has to take adequate safety
measures and make traffic arrangements to
ensure that the procession and the meeting shall
go on peacefully.”
(xiv) Challenging the order of the Division Bench passed in the
intra-court appeals arising out of the order passed in the
contempt petitions, the Secretary to Government, Home
Department, the Director General of Police, the
Commissioner of Police and the Inspector of Police first
came up with a special leave petition in Special Leave
Petition (C) No.4163 of 2023. When this special leave
petition came up for orders as to admission on
03.03.2023, it was submitted by Shri Mukul Rohatgi,
learned senior counsel and Shri V. Krishnamurthy,
learned AAG for the State of Tamil Nadu that the State
would come up with some suggestions as to how best to
resolve the issue. Therefore, Special Leave Petition (C)
No.4163 of 2023 was adjourned to 17.03.2023.
(xv) Subsequently, the State filed the other special leave
petitions challenging the earliest order of the learned
Judge of the High Court dated 22.09.2022 passed in the
batch of writ petitions as well as the order dated
9
02.11.2022 passed by the learned Judge in the batch of
review applications.
(xvi) Thus we have on hand, three special leave petitions, the
first one arising out of the last order, namely, that of the
Division Bench of the High Court dated 10.02.2023 and
the other two special leave petitions arising out of the
earlier orders of the learned Single Judge dated
22.09.2022 and 02.11.2022.
</para>
<para>
5.
Insofar as the first special leave petition is concerned, it arises
out of the order of the Division Bench passed in a batch of intra-
court appeals challenging the order passed by the learned Judge in
a batch of contempt petitions. This Court need not even go into
several aspects argued across the Bar, for the simple reason that
the learned Judge travelled beyond the scope of a contempt petition
and this is why the said order warranted interference by the
Division Bench. After having disposed of the batch of main writ
petitions by a final order dated 22.09.2022 in a particular manner
and after having dismissed the batch of review applications on
02.11.2022, the learned Judge could not have modified his original
order dated 22.09.2022 in a batch of contempt petitions on
04.11.2022. Therefore, the Division Bench of the High Court was
justified in interfering with the order of the learned Judge. On this
10
short ground, Special Leave Petition (C) No.4163 of 2023 deserves
to be dismissed.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6.
Coming to the other special leave petitions, the same arise out
of the original order passed by the learned Judge on 22.09.2022 in
the batch of writ petitions and the order dated 02.11.2022 passed
in the batch of review applications. A perusal of the order of the
learned Judge shows that the learned Judge considered the scope
of Sections 41 and 41A of the Chennai City Police Act, 1888 and
Section 30 of the Police Act, 1861, to come to the conclusion that
the reliefs sought in the writ petitions deserved to be granted
subject to certain conditions. The operative portion of the order
dated 22.09.2022 reads as follows:
“11.
In view of the above order passed by the
Hon'ble Supreme Court of India as well as
various orders passed by this Court, it would be
appropriate to direct the respondents to grant
permission to conduct procession and to conduct
public meeting on 02.10.2022 at various places
subject to the following conditions on or before
28.09.2022:-
i.
ii.
During the program, nobody shall either
sign songs or speak ill on any individuals,
any caste, religion, etc.,
Those who participate in the program shall
not for any reason talk or express anything
in favour of organizations banned by
Government of India. They should also not
indulge in any act disturbing the
sovereignty and integrity of our country.
11
iii.
iv.
v.
vi.
The program should be conducted without
causing any hindrance to public or traffic.
The participants shall not bring any stick,
lathi or weapon that may cause injury to
any one.
First
The organizer(s) shall make adequate
arrangements for drinking water and
proper
Aid/Ambulance/Mobile
Toilets/CCTV Cameras/ Fire Fighting
equipments etc., in consultation with the
Police/Civic/Local Bodies as directed by
the police.
The procession shall proceed in any orderly
manner along the sanctioned route keeping
to the left and shall not halt on the way or
cause impediment to the normal flow of
traffic. The procession shall occupy only
one-fourth of the road.
vii.
The organizer(s) shall keep sufficient
volunteers to help the police for regulation
of traffic and the participants.
viii. The organizer(s) of procession/rally shall be
responsible for ensuring that the route
permitted to them by the Police Authorities
is strictly followed.
Only box type speakers should be used
and output of the speakers should not
exceed 15 watts ad within a radius of 30
meters only. Cone Speakers should not be
used at any cost.
ix.
x.
xi.
In the procession, the processionists shall
not any manner offend the sentiments of
any religious, linguistics, cultural and other
groups.
An undertaking to reimburse the cost for
any damage that may occur enroute to any
property and an
public/private
undertaking
the
compensation/replacement costs as well, if
bear
to
12
are to be awarded to any other
institution/person, who may apply for the
same.
xii.
If there is violation of any one of the
conditions imposed, the concerned police
officer is at liberty to take necessary action,
as per law.”
7.
The learned Judge not only interpreted the relevant provisions
of the law correctly but also imposed necessary conditions. This is
why the learned Judge could not review his own order.
8.
It is to be noted that the learned Judge in fact followed several
similar orders passed by the other Judges of the same High Court
including one of us (V. Ramasubramanian, J. as he then was at the
Madras High Court) in the past. | <para>
6.
Coming to the other special leave petitions, the same arise out
of the original order passed by the learned Judge on 22.09.2022 in
the batch of writ petitions and the order dated 02.11.2022 passed
in the batch of review applications. A perusal of the order of the
learned Judge shows that the learned Judge considered the scope
of Sections 41 and 41A of the Chennai City Police Act, 1888 and
Section 30 of the Police Act, 1861, to come to the conclusion that
the reliefs sought in the writ petitions deserved to be granted
subject to certain conditions. The operative portion of the order
dated 22.09.2022 reads as follows:
“11.
In view of the above order passed by the
Hon'ble Supreme Court of India as well as
various orders passed by this Court, it would be
appropriate to direct the respondents to grant
permission to conduct procession and to conduct
public meeting on 02.10.2022 at various places
subject to the following conditions on or before
28.09.2022:-
i.
ii.
During the program, nobody shall either
sign songs or speak ill on any individuals,
any caste, religion, etc.,
Those who participate in the program shall
not for any reason talk or express anything
in favour of organizations banned by
Government of India. They should also not
indulge in any act disturbing the
sovereignty and integrity of our country.
11
iii.
iv.
v.
vi.
The program should be conducted without
causing any hindrance to public or traffic.
The participants shall not bring any stick,
lathi or weapon that may cause injury to
any one.
First
The organizer(s) shall make adequate
arrangements for drinking water and
proper
Aid/Ambulance/Mobile
Toilets/CCTV Cameras/ Fire Fighting
equipments etc., in consultation with the
Police/Civic/Local Bodies as directed by
the police.
The procession shall proceed in any orderly
manner along the sanctioned route keeping
to the left and shall not halt on the way or
cause impediment to the normal flow of
traffic. The procession shall occupy only
one-fourth of the road.
vii.
The organizer(s) shall keep sufficient
volunteers to help the police for regulation
of traffic and the participants.
viii. The organizer(s) of procession/rally shall be
responsible for ensuring that the route
permitted to them by the Police Authorities
is strictly followed.
Only box type speakers should be used
and output of the speakers should not
exceed 15 watts ad within a radius of 30
meters only. Cone Speakers should not be
used at any cost.
ix.
x.
xi.
In the procession, the processionists shall
not any manner offend the sentiments of
any religious, linguistics, cultural and other
groups.
An undertaking to reimburse the cost for
any damage that may occur enroute to any
property and an
public/private
undertaking
the
compensation/replacement costs as well, if
bear
to
12
are to be awarded to any other
institution/person, who may apply for the
same.
xii.
If there is violation of any one of the
conditions imposed, the concerned police
officer is at liberty to take necessary action,
as per law.”
</para>
<para>
7.
The learned Judge not only interpreted the relevant provisions
of the law correctly but also imposed necessary conditions. This is
why the learned Judge could not review his own order.
8.
It is to be noted that the learned Judge in fact followed several
similar orders passed by the other Judges of the same High Court
including one of us (V. Ramasubramanian, J. as he then was at the
Madras High Court) in the past.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
9.
As rightly contended by all the learned senior counsel on the
side of the respondent, the main objection raised by the State before
the High Court was that after the imposition of a ban order on
another organization, law and order problems cropped up in certain
places and that the same led to several cases being registered. The
details of those cases are actually furnished in the memorandum of
grounds of special leave petition(s). We do not wish to extract in this
order, the Chart provided by the State in Ground No.BB of Special
Leave Petition (C) No.4163 of 2023, on account of its sensitivities.
But the Chart provided by the State Government shows that the
13
members of the respondent organization were the victims in many
of those cases and that they were not the perpetrators. Therefore, it
is not possible for us to find fault with the order passed by the
learned Judge either in the main writ petitions or in the review
applications. Hence all the special leave petitions are liable to be
dismissed.
10. The Special Leave Petitions are accordingly dismissed. No
costs. Pending application(s), if any, shall stand disposed of. | <para>
9.
As rightly contended by all the learned senior counsel on the
side of the respondent, the main objection raised by the State before
the High Court was that after the imposition of a ban order on
another organization, law and order problems cropped up in certain
places and that the same led to several cases being registered. The
details of those cases are actually furnished in the memorandum of
grounds of special leave petition(s). We do not wish to extract in this
order, the Chart provided by the State in Ground No.BB of Special
Leave Petition (C) No.4163 of 2023, on account of its sensitivities.
But the Chart provided by the State Government shows that the
13
members of the respondent organization were the victims in many
of those cases and that they were not the perpetrators. Therefore, it
is not possible for us to find fault with the order passed by the
learned Judge either in the main writ petitions or in the review
applications. Hence all the special leave petitions are liable to be
dismissed.
</para>
<para>
10. The Special Leave Petitions are accordingly dismissed. No
costs. Pending application(s), if any, shall stand disposed of.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
Heard Mr. Mukul Rohatgi, learned
senior counsel appearing for the petitioner and Mr.
K.K. Venugopal, learned senior counsel appearing
for respondent no.3.
3. Only short issue involved in these appeals is
with regard to interpretation of the directions
issued by this Court by its order dated 7th
November, 2006 in I.A. Nos.2-5 & 8 in Special Leave
Petition (C) No.10281 of 2006. It is submitted by
Mr. Mukul Rohatgi, learned senior counsel appearing
for the appellant that the order passed by the High
Court of Bombay in Writ Petition Nos.1589/2007,
1075/2007 and 1036/2007 on 17th of September, 2009
is contrary to the directions issued by this Court
in the aforesaid order dated 7th November, 2006. In
order to appreciate the submissions made by Mr.
Rohatgi, it would be necessary to reproduce the
directions issued by this Court in the order dated
7th November, 2006 and the directions issued by the
High Court in the impugned order dated 17th of
September, 2009. On 7th November, 2006, this Court
inter alia directed as follows:
“As directed by the order in Writ
Petition No.988 of 2004 dated
11.03.2005 and order dated 04.05.2006
in Writ Petition No.1277 of 2006 the
SRA is directed to call the two
developers, namely M/s. Keya and M/s.
Sigtia and dispose of their
application for issuing the Letter of
Intent and to pass appropriate orders
and in accordance with Maharashtra,
Slum Areas Improvement, Clearance and
RE-development Act, 1971 and also
strictly following the procedure for
submission processing and approval of
Slum Rehabilitation Scheme and to
Award the Letter of intent to the
developer who satisfies the required
qualifications and conditions and
regulations and the provision of the
Act, 1971.” | <para>
Heard Mr. Mukul Rohatgi, learned
senior counsel appearing for the petitioner and Mr.
K.K. Venugopal, learned senior counsel appearing
for respondent no.3.
</para>
<para>
3. Only short issue involved in these appeals is
with regard to interpretation of the directions
issued by this Court by its order dated 7th
November, 2006 in I.A. Nos.2-5 & 8 in Special Leave
Petition (C) No.10281 of 2006. It is submitted by
Mr. Mukul Rohatgi, learned senior counsel appearing
for the appellant that the order passed by the High
Court of Bombay in Writ Petition Nos.1589/2007,
1075/2007 and 1036/2007 on 17th of September, 2009
is contrary to the directions issued by this Court
in the aforesaid order dated 7th November, 2006. In
order to appreciate the submissions made by Mr.
Rohatgi, it would be necessary to reproduce the
directions issued by this Court in the order dated
7th November, 2006 and the directions issued by the
High Court in the impugned order dated 17th of
September, 2009. On 7th November, 2006, this Court
inter alia directed as follows:
“As directed by the order in Writ
Petition No.988 of 2004 dated
11.03.2005 and order dated 04.05.2006
in Writ Petition No.1277 of 2006 the
SRA is directed to call the two
developers, namely M/s. Keya and M/s.
Sigtia and dispose of their
application for issuing the Letter of
Intent and to pass appropriate orders
and in accordance with Maharashtra,
Slum Areas Improvement, Clearance and
RE-development Act, 1971 and also
strictly following the procedure for
submission processing and approval of
Slum Rehabilitation Scheme and to
Award the Letter of intent to the
developer who satisfies the required
qualifications and conditions and
regulations and the provision of the
Act, 1971.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
4.
Whereas in the impugned order
dated 17th September, 2009, the High Court has
directed as follows:
“In our opinion, the impugned
order is liable to be quashed and
set aside.
Accordingly, the
impugned order is quashed and set
aside. Matter is remanded to the
SRA. The SRA to decide the proposal
of M/s. Sigtia Developers in terms
of the order dated March 11, 2005
passed in Writ Petition No.988 of
2004 as also the order dated May 4,
2006 passed by this Court in Writ
Petition No.1277 of 2006, and the
order dated November 7, 2006 passed
by the Apex Court in SLP No.10281 of
2006, and on the basis of the record
as it stands today, as expeditiously
as possible, and in any case within
a period of three months from today.
All contentions of the parties are
expressly kept open. The SRA will
consider the contentions of the
parties and will record reasons and
give findings. While considering the
proposal of M/s. Sigtia Developers,
the SRA will consider the objections
of M/s. Keya Developers, as also of
the Society, Mr. Jagtap & Others and
Mr. Mane. If the SRA decides not to
issue LOI in favour of M/s. Sigtia
Developers, it will be open for the
parties to submit fresh development
Scheme as observed by this Court in
paragraph no.20 of the judgment and
order dated March 11, 2005 in Writ
Petition No.988 of 2004. Rule is
made absolute in all the Petitions.”
5.
Perusal of the above would show
that the order passed by the High Court makes a
significant departure from the directions issued by
this Court. It appears to give impression that the
SRA is to decide only the proposal of M/s. Sigtia
Developers, whilst taking into consideration the
objection of M/s. Keya Developers. We are of the
considered opinion that by order dated 7th November,
2006, this Court had very clearly directed the SRA
to consider the proposals of M/s. Sigtia Developers
and M/s. Keya Developers. The applications of both
the Developers for issuance of a Letter of Intent
are to be considered by SRA in accordance with the
Maharashtra, Slum Areas Improvement, Clearance and
RE-development Act, 1971. In other words, the SRA
is required to consider the claim of both the
Developers in accordance with law. Mr. Rohatgi had
taken serious objections to the observations made
by the High Court in paragraph 30 of the impugned
order, where it is observed as follows:
“It is thus clear that the first
issue that the SRA was to consider
is whether M/s. Sigtia is entitled
to issuance of Letter of intent. No
doubt as per the order of the
Supreme Court M/s. Keya Developers
will also have to be heard on that
issue, but there is no question of
the issue whether M/s. Keya
Developers is entitled to Letter of
Intent being considered unless and
until the SRA comes to the
conclusion that M/s. Sigtia is not
entitled to get the Letter of
Intent. In other words, the SRA
will have to first hear the parties
on the issue whether M/s. Sigtia is
entitled to Letter of Intent. If the
SRA comes to the conclusion that
M/s. Sigtia is entitled to Letter of
Intent, then that will be the end of
the matter, and the order of this
Court and the order of the Supreme
Court will stand complied with.
However, in case the SRA comes to
the conclusion that M/s. Sigtia is
not entitled to issuance of Letter
of Intent then it will have to take
up the issue whether M/s. Keya
Developers is entitled to issuance
of Letter of Intent for
consideration. The application of
M/s. Sigtia will have to be heard
and considered first, and it is only
thereafter depending on the result
of that application, that the
application of M/s. Keya Developers
can be considered, assuming that
M/s. Keya Developers has made any
such application because we have
recorded a finding above that no
complete application submitted by
M/s. Keya Developers is on the
original record. No doubt, while
considering the question whether
M/s. Sigtia is entitled to issuance
of Letter of Intent, the question
whether the agreement in favour of
M/s. Sigtia has been validly
terminated or not will have to be
considered.” | <para>
4.
Whereas in the impugned order
dated 17th September, 2009, the High Court has
directed as follows:
“In our opinion, the impugned
order is liable to be quashed and
set aside.
Accordingly, the
impugned order is quashed and set
aside. Matter is remanded to the
SRA. The SRA to decide the proposal
of M/s. Sigtia Developers in terms
of the order dated March 11, 2005
passed in Writ Petition No.988 of
2004 as also the order dated May 4,
2006 passed by this Court in Writ
Petition No.1277 of 2006, and the
order dated November 7, 2006 passed
by the Apex Court in SLP No.10281 of
2006, and on the basis of the record
as it stands today, as expeditiously
as possible, and in any case within
a period of three months from today.
All contentions of the parties are
expressly kept open. The SRA will
consider the contentions of the
parties and will record reasons and
give findings. While considering the
proposal of M/s. Sigtia Developers,
the SRA will consider the objections
of M/s. Keya Developers, as also of
the Society, Mr. Jagtap & Others and
Mr. Mane. If the SRA decides not to
issue LOI in favour of M/s. Sigtia
Developers, it will be open for the
parties to submit fresh development
Scheme as observed by this Court in
paragraph no.20 of the judgment and
order dated March 11, 2005 in Writ
Petition No.988 of 2004. Rule is
made absolute in all the Petitions.”
</para>
<para>
5.
Perusal of the above would show
that the order passed by the High Court makes a
significant departure from the directions issued by
this Court. It appears to give impression that the
SRA is to decide only the proposal of M/s. Sigtia
Developers, whilst taking into consideration the
objection of M/s. Keya Developers. We are of the
considered opinion that by order dated 7th November,
2006, this Court had very clearly directed the SRA
to consider the proposals of M/s. Sigtia Developers
and M/s. Keya Developers. The applications of both
the Developers for issuance of a Letter of Intent
are to be considered by SRA in accordance with the
Maharashtra, Slum Areas Improvement, Clearance and
RE-development Act, 1971. In other words, the SRA
is required to consider the claim of both the
Developers in accordance with law. Mr. Rohatgi had
taken serious objections to the observations made
by the High Court in paragraph 30 of the impugned
order, where it is observed as follows:
“It is thus clear that the first
issue that the SRA was to consider
is whether M/s. Sigtia is entitled
to issuance of Letter of intent. No
doubt as per the order of the
Supreme Court M/s. Keya Developers
will also have to be heard on that
issue, but there is no question of
the issue whether M/s. Keya
Developers is entitled to Letter of
Intent being considered unless and
until the SRA comes to the
conclusion that M/s. Sigtia is not
entitled to get the Letter of
Intent. In other words, the SRA
will have to first hear the parties
on the issue whether M/s. Sigtia is
entitled to Letter of Intent. If the
SRA comes to the conclusion that
M/s. Sigtia is entitled to Letter of
Intent, then that will be the end of
the matter, and the order of this
Court and the order of the Supreme
Court will stand complied with.
However, in case the SRA comes to
the conclusion that M/s. Sigtia is
not entitled to issuance of Letter
of Intent then it will have to take
up the issue whether M/s. Keya
Developers is entitled to issuance
of Letter of Intent for
consideration. The application of
M/s. Sigtia will have to be heard
and considered first, and it is only
thereafter depending on the result
of that application, that the
application of M/s. Keya Developers
can be considered, assuming that
M/s. Keya Developers has made any
such application because we have
recorded a finding above that no
complete application submitted by
M/s. Keya Developers is on the
original record. No doubt, while
considering the question whether
M/s. Sigtia is entitled to issuance
of Letter of Intent, the question
whether the agreement in favour of
M/s. Sigtia has been validly
terminated or not will have to be
considered.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6. These observations certainly tend to give the
impression that M/s. Keya Developers is to be
considered, only in case the Letter of intent is
not issued in favour of M/s. Sigtia Developers.
Thus, in our opinion, it is necessary to reiterate
the directions issued by this Court in the order
dated 7th November, 2006, which clearly directed the
SRA to call the two Developers and dispose of their
applications for issuance of the Letter of Intent
and pass the appropriate order in accordance with
law. It was further directed that the SRA shall
strictly follow the procedure for submission
processing and approval of Slum Rehabilitation
Scheme. Further direction was also issued to award
the Letter of Intent to the Developer who satisfies
the required qualifications and conditions. We are
informed that the time granted by the High Court,
in the order dated 17th September 2009, to SRA for
taking a decision has now expired. We, therefore,
direct that the SRA shall now take a decision
within 15 days, from today.
7.
The impugned order passed by the
High Court is modified to the extent indicated
above and the appeals are disposed of accordingly
with no order as to costs. | <para>
6. These observations certainly tend to give the
impression that M/s. Keya Developers is to be
considered, only in case the Letter of intent is
not issued in favour of M/s. Sigtia Developers.
Thus, in our opinion, it is necessary to reiterate
the directions issued by this Court in the order
dated 7th November, 2006, which clearly directed the
SRA to call the two Developers and dispose of their
applications for issuance of the Letter of Intent
and pass the appropriate order in accordance with
law. It was further directed that the SRA shall
strictly follow the procedure for submission
processing and approval of Slum Rehabilitation
Scheme. Further direction was also issued to award
the Letter of Intent to the Developer who satisfies
the required qualifications and conditions. We are
informed that the time granted by the High Court,
in the order dated 17th September 2009, to SRA for
taking a decision has now expired. We, therefore,
direct that the SRA shall now take a decision
within 15 days, from today.
</para>
<para>
7.
The impugned order passed by the
High Court is modified to the extent indicated
above and the appeals are disposed of accordingly
with no order as to costs.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
1.
This Writ petition filed in the public interest
under Article 32 of the Constitution of India seeks
direction to forthwith ban on spraying of all kinds of
disinfectants on human beings which is being done
supposedly for protecting the human beings from the
Novel Coronavirus disease 2019(Covid19).
2.
The World Health Organisation(WHO) declared novel
coronavirus disease, 2019 (hereinafter referred to as
2
Covid19) as a Pandemic on 11.03.2020. All countries
including India after spread of the pandemic had taken
and are still taking different measures to contain the
disease and protect its citizens from Covid19. On
29.03.2020, Ministry of Health and Family Welfare,
Government of India, released guidelines on
disinfection of common Public places including Offices.
The scope as contained in the guidelines is to the
following effect:
"Scope: This document aims to provide
interim guidance about the environmental
cleaning/decontamination of common public
places including offices in areas
reporting COVID19.
Coronavirus Disease 2019(COVID19) is an
acute respiratory disease caused by a
novel Cornavirus (SARSCoV2), transmitted
in most instances through respiratory
droplets, direct contact with cases and
also
contaminated
surfaces/objects. Though the virus
survives on environmental surfaces for
varied period of time, it gets easily
inactivated by chemical disinfectants...”
through | <para>
1.
This Writ petition filed in the public interest
under Article 32 of the Constitution of India seeks
direction to forthwith ban on spraying of all kinds of
disinfectants on human beings which is being done
supposedly for protecting the human beings from the
Novel Coronavirus disease 2019(Covid19).
</para>
<para>
2.
The World Health Organisation(WHO) declared novel
coronavirus disease, 2019 (hereinafter referred to as
2
Covid19) as a Pandemic on 11.03.2020. All countries
including India after spread of the pandemic had taken
and are still taking different measures to contain the
disease and protect its citizens from Covid19. On
29.03.2020, Ministry of Health and Family Welfare,
Government of India, released guidelines on
disinfection of common Public places including Offices.
The scope as contained in the guidelines is to the
following effect:
"Scope: This document aims to provide
interim guidance about the environmental
cleaning/decontamination of common public
places including offices in areas
reporting COVID19.
Coronavirus Disease 2019(COVID19) is an
acute respiratory disease caused by a
novel Cornavirus (SARSCoV2), transmitted
in most instances through respiratory
droplets, direct contact with cases and
also
contaminated
surfaces/objects. Though the virus
survives on environmental surfaces for
varied period of time, it gets easily
inactivated by chemical disinfectants...”
through
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
3.
On 18.04.2020, Director General of Health Services
(EMR Division), Ministry of Health and Family Welfare,
issued an advisory against spraying of disinfectants on
3
people for Covid19 arrangements. Even though in the
above advisory, spraying of individuals or groups was
not recommended, several bodies, organizations started
using spraying tunnels to disinfect the human body. The
press release dated 23.4.2020 was issued by National
Capital Laboratory(Council for Scientific and
Industrial Research) which was joint press release by
CSIRNCL PuneICT Mumbai, stating that the use of mist
based sanitization is expected to provide safeguard to
frontline health care professionals including
paramedical staff, police and employees providing
essential services. Other public organizations also
started using the walk way spray tunnels, and other
measures for disinfecting humans at various public
places.
4.
This writ petition under Article 32 has been filed
on 05.06.2020 praying for following reliefs:
"i. Issue a writ in the nature of Mandamus
or any other appropriate writ, direction
or order a forthwith ban on the usage,
installation, production, advertisement of
disinfection tunnels involving spraying or
fumigation of chemical disinfectants for
4
the purposes disinfecting human being
and/or
ii. Issue a writ in the nature of Mandamus
or any other appropriate writ, direction
or order a forthwith ban on usage,
installation, production, advertisement of
disinfection tunnels involving spraying or
fumigation of organic disinfectants for
the purposes disinfecting human beings
and/or
iii. Issue a writ in the nature of
Mandamus or any other appropriate writ,
direction or order a forthwith ban on the
usage,
production,
advertisement of disinfection tunnels
exposing human beings to ultraviolet rays
for the purposes disinfecting them and/or
installation,
iv. To pass such other orders and further
orders as may be deemed necessary on the
facts and in the circumstances of the
case” | <para>
3.
On 18.04.2020, Director General of Health Services
(EMR Division), Ministry of Health and Family Welfare,
issued an advisory against spraying of disinfectants on
3
people for Covid19 arrangements. Even though in the
above advisory, spraying of individuals or groups was
not recommended, several bodies, organizations started
using spraying tunnels to disinfect the human body. The
press release dated 23.4.2020 was issued by National
Capital Laboratory(Council for Scientific and
Industrial Research) which was joint press release by
CSIRNCL PuneICT Mumbai, stating that the use of mist
based sanitization is expected to provide safeguard to
frontline health care professionals including
paramedical staff, police and employees providing
essential services. Other public organizations also
started using the walk way spray tunnels, and other
measures for disinfecting humans at various public
places.
</para>
<para>
4.
This writ petition under Article 32 has been filed
on 05.06.2020 praying for following reliefs:
"i. Issue a writ in the nature of Mandamus
or any other appropriate writ, direction
or order a forthwith ban on the usage,
installation, production, advertisement of
disinfection tunnels involving spraying or
fumigation of chemical disinfectants for
4
the purposes disinfecting human being
and/or
ii. Issue a writ in the nature of Mandamus
or any other appropriate writ, direction
or order a forthwith ban on usage,
installation, production, advertisement of
disinfection tunnels involving spraying or
fumigation of organic disinfectants for
the purposes disinfecting human beings
and/or
iii. Issue a writ in the nature of
Mandamus or any other appropriate writ,
direction or order a forthwith ban on the
usage,
production,
advertisement of disinfection tunnels
exposing human beings to ultraviolet rays
for the purposes disinfecting them and/or
installation,
iv. To pass such other orders and further
orders as may be deemed necessary on the
facts and in the circumstances of the
case”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5.
The petitioner in the writ petition referred to and
relied the advisory dated 18.04.2020 and has also
referred to press release dated 23.04.2020 issued by
CSIRNCL,PuneICT,Mumbai, where tunnels for external
body surface sanitization of personal walk was
recommended.
6.
The petitioner's case in the writ petition is that
5
although the Ministry of Health and Family Welfare,
Government of India, has not approved the use of any
self claimed organic or ayurvedic disinfectant for
spraying or fumigation purposes nor approved any
chemical disinfectants on human body but lot of
organizations/public authorities are using chemical
disinfectants for spraying and fumigation. Several
instances in the writ petition of public authorities
installing disinfecting tunnel has been given in the
writ petition. | <para>
5.
The petitioner in the writ petition referred to and
relied the advisory dated 18.04.2020 and has also
referred to press release dated 23.04.2020 issued by
CSIRNCL,PuneICT,Mumbai, where tunnels for external
body surface sanitization of personal walk was
recommended.
</para>
<para>
6.
The petitioner's case in the writ petition is that
5
although the Ministry of Health and Family Welfare,
Government of India, has not approved the use of any
self claimed organic or ayurvedic disinfectant for
spraying or fumigation purposes nor approved any
chemical disinfectants on human body but lot of
organizations/public authorities are using chemical
disinfectants for spraying and fumigation. Several
instances in the writ petition of public authorities
installing disinfecting tunnel has been given in the
writ petition.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
7.
Publication from World Health Organization has also
been relied where it is clearly stated that spraying
and introducing bleach or other disinfectant into body
will not protect against Covid19 and can be dangerous.
Quoting World Health Organization, it is pleaded that
the Ultraviolet (UV Lamps) should not be used to
disinfect the hands and other areas of the skin.
Reference has also been made of advanced disinfectant
tunnel developed jointly by Indian Institute of
Technology, Kanpur and Artificial Limb Manufacturing
6
Corporation of India.
Articles questioning against the use of disinfectant
8.
tunnels have also been referred to and relied by the
petitioner. Certain materials where different experts
have recommended use of UV light and disinfectant
tunnel has also been referred to. sIn view of several
discordant note expressed by certain experts and
organizations, the writ petition prayed for directions
as quoted above. | <para>
7.
Publication from World Health Organization has also
been relied where it is clearly stated that spraying
and introducing bleach or other disinfectant into body
will not protect against Covid19 and can be dangerous.
Quoting World Health Organization, it is pleaded that
the Ultraviolet (UV Lamps) should not be used to
disinfect the hands and other areas of the skin.
Reference has also been made of advanced disinfectant
tunnel developed jointly by Indian Institute of
Technology, Kanpur and Artificial Limb Manufacturing
6
Corporation of India.
</para>
<para>
Articles questioning against the use of disinfectant
8.
tunnels have also been referred to and relied by the
petitioner. Certain materials where different experts
have recommended use of UV light and disinfectant
tunnel has also been referred to. sIn view of several
discordant note expressed by certain experts and
organizations, the writ petition prayed for directions
as quoted above.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
9.
This Court issue notice to respondent Nos. 13 on
10.08.2020. No notice having been issued to the
respondent Nos.4 to 6, they be deleted from the array
of the parties. The respondent No.1 has filed a counter
affidavit dated 01.09.2020 where advisory dated
18.04.2020 as well as minutes of meeting dated
09.06.2020 held under the chairmanship of Director
General Health Services, with regard to review on use
of disinfection tunnel using various chemicals and
spraying disinfectants have been brought on the record.
Taking note of the meeting proceeding dated 09.06.200
where spraying disinfectant was not recommended by the
minutes, This Court passed following order on
07.09.2020:
7
"
ORDER
A counter affidavit has been filed on
behalf of Union of India. In the counter
affidavit at page 40 copy of meeting
Annexure 'G' dated 09.06.2020 has been
brought on the record, where it has been
decided that spraying disinfectants is not
recommended. Shri Tushar Mehta, learned
Solicitor General submits that relevant
directions and circulars shall be issued
to all concerned.
As prayed by Shri Tushar Mehta,
learned Solicitor General, list after two
weeks.”
10. After the aforesaid order, another affidavit titled
as 'Compliance affidavit dated 28.09.2020' by
respondent No.1 where O.M. dated 23.09.2020 has been
brought on the record reiterating that spraying of
individuals or groups with disinfectant using any
modality is not recommended and hence, all States/Union
Territories are directed to ensure that such practices
are not implemented in the States/UTs. | <para>
9.
This Court issue notice to respondent Nos. 13 on
10.08.2020. No notice having been issued to the
respondent Nos.4 to 6, they be deleted from the array
of the parties. The respondent No.1 has filed a counter
affidavit dated 01.09.2020 where advisory dated
18.04.2020 as well as minutes of meeting dated
09.06.2020 held under the chairmanship of Director
General Health Services, with regard to review on use
of disinfection tunnel using various chemicals and
spraying disinfectants have been brought on the record.
Taking note of the meeting proceeding dated 09.06.200
where spraying disinfectant was not recommended by the
minutes, This Court passed following order on
07.09.2020:
7
"
ORDER
A counter affidavit has been filed on
behalf of Union of India. In the counter
affidavit at page 40 copy of meeting
Annexure 'G' dated 09.06.2020 has been
brought on the record, where it has been
decided that spraying disinfectants is not
recommended. Shri Tushar Mehta, learned
Solicitor General submits that relevant
directions and circulars shall be issued
to all concerned.
As prayed by Shri Tushar Mehta,
learned Solicitor General, list after two
weeks.”
</para>
<para>
10. After the aforesaid order, another affidavit titled
as 'Compliance affidavit dated 28.09.2020' by
respondent No.1 where O.M. dated 23.09.2020 has been
brought on the record reiterating that spraying of
individuals or groups with disinfectant using any
modality is not recommended and hence, all States/Union
Territories are directed to ensure that such practices
are not implemented in the States/UTs.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
11. An additional affidavit has also been filed by
8
respondent No.1 with regard to use of Ultraviolet (UV)
rays to disinfect/sterilize edible items like fruits
and vegetables. Petitioner has also filed consolidated
rejoinder affidavit. An intervention application has
also been filed by one Ideal Flow Pvt. Ltd. which
claims to be a company which has developed and designed
pressurized steam disinfectant chamber. The applicant
submits that in designed pressurized steam disinfectant
chamber, natural oils are mixed in an emulsifier
solution. Applicant claims that the product has various
health benefits. Applicant further submitted that there
is a major difference between disinfectant tunnels
spraying chemical disinfectant and pressurized
disinfection chamber, any blanket ban as sought in the
writ petition may seriously impact the business of the
applicant, in light of the major difference of the
applicant's product from that of disinfection tunnel
mentioned in the writ petition.
12. We have heard the petitioner appearing in person,
Shri Tushar Mehta, learned Solicitor General for the
respondents and Smt. Anita Shenoy, Senior Advocate for
the intervenor.
9
13. The petitioner submits that although the Ministry of
Health & Family Welfare, the respondents No.1 through
its advisory dated 18.04.2020 had stated that spraying
of disinfectant on human being is not recommended but
Union of India has not taken any step to stop use,
advertisement and sale of chemical based disinfection
tunnels. The petitioner submits that there is no study
anywhere in the world by any credible health agency
which states that human disinfection tunnels are
effective against Covid19 virus. On the contrary,
there are sufficient health advisories by the WHO,
respondent No.1 and other international agency that
tunnels are counter productive and harmful for human
health. There has been no advisory issued by respondent
No.1 which recommends usage of any organic solution
for spraying on human body against Covid19 pandemic.
14. The petitioner submits that in absence of any
recommendation of health authorities, there is a trend
10
across the Country where people are producing self
certified so called safe disinfection tunnels with
variety of organic solutions. The petitioner submits
that the concept of “human disinfection” through walk
in tunnel is flawed and misconceived and be not
permitted at any cost in light of Right to Health under
Article 21 of the Constitution. | <para>
11. An additional affidavit has also been filed by
8
respondent No.1 with regard to use of Ultraviolet (UV)
rays to disinfect/sterilize edible items like fruits
and vegetables. Petitioner has also filed consolidated
rejoinder affidavit. An intervention application has
also been filed by one Ideal Flow Pvt. Ltd. which
claims to be a company which has developed and designed
pressurized steam disinfectant chamber. The applicant
submits that in designed pressurized steam disinfectant
chamber, natural oils are mixed in an emulsifier
solution. Applicant claims that the product has various
health benefits. Applicant further submitted that there
is a major difference between disinfectant tunnels
spraying chemical disinfectant and pressurized
disinfection chamber, any blanket ban as sought in the
writ petition may seriously impact the business of the
applicant, in light of the major difference of the
applicant's product from that of disinfection tunnel
mentioned in the writ petition.
12. We have heard the petitioner appearing in person,
Shri Tushar Mehta, learned Solicitor General for the
respondents and Smt. Anita Shenoy, Senior Advocate for
the intervenor.
9
</para>
<para>
13. The petitioner submits that although the Ministry of
Health & Family Welfare, the respondents No.1 through
its advisory dated 18.04.2020 had stated that spraying
of disinfectant on human being is not recommended but
Union of India has not taken any step to stop use,
advertisement and sale of chemical based disinfection
tunnels. The petitioner submits that there is no study
anywhere in the world by any credible health agency
which states that human disinfection tunnels are
effective against Covid19 virus. On the contrary,
there are sufficient health advisories by the WHO,
respondent No.1 and other international agency that
tunnels are counter productive and harmful for human
health. There has been no advisory issued by respondent
No.1 which recommends usage of any organic solution
for spraying on human body against Covid19 pandemic.
14. The petitioner submits that in absence of any
recommendation of health authorities, there is a trend
10
across the Country where people are producing self
certified so called safe disinfection tunnels with
variety of organic solutions. The petitioner submits
that the concept of “human disinfection” through walk
in tunnel is flawed and misconceived and be not
permitted at any cost in light of Right to Health under
Article 21 of the Constitution.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
15. Shri Tushar Mehta, learned Solicitor General,
submits that answering respondent No.1 had not issued
any advisory for usage, installation, production,
advertisement of disinfection tunnel involving spraying
or fumigation of chemicals/organic disinfectants for
the purpose of disinfecting human beings. Learned
Solicitor General has referred to advisory dated
18.04.2020 issued by respondent No.1. It is further
submitted that in the meeting held on 09.06.2020 under
the Chairmanship of Director General Health Services,
review on use of disinfection tunnel was made and it
was reiterated that spraying disinfectant is not
recommended in both health care and nonhealth care
11
settings. Shri Mehta submits that the States/UTs have
to implement the guidelines dated 18.04.2020 and the
role of the Government of India is limited to providing
necessary guidelines and financial support.
16. Learned counsel for the intervenor has submitted
that the product which is being designed by the
applicant does not use any chemical as human
disinfectant rather it uses natural oil which promotes
health. The applicant opposes any blanket ban on the
use of such products for human disinfection. | <para>
15. Shri Tushar Mehta, learned Solicitor General,
submits that answering respondent No.1 had not issued
any advisory for usage, installation, production,
advertisement of disinfection tunnel involving spraying
or fumigation of chemicals/organic disinfectants for
the purpose of disinfecting human beings. Learned
Solicitor General has referred to advisory dated
18.04.2020 issued by respondent No.1. It is further
submitted that in the meeting held on 09.06.2020 under
the Chairmanship of Director General Health Services,
review on use of disinfection tunnel was made and it
was reiterated that spraying disinfectant is not
recommended in both health care and nonhealth care
11
settings. Shri Mehta submits that the States/UTs have
to implement the guidelines dated 18.04.2020 and the
role of the Government of India is limited to providing
necessary guidelines and financial support.
</para>
<para>
16. Learned counsel for the intervenor has submitted
that the product which is being designed by the
applicant does not use any chemical as human
disinfectant rather it uses natural oil which promotes
health. The applicant opposes any blanket ban on the
use of such products for human disinfection.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
17. We have considered the submission of learned counsel
for the parties and perused the record.
18. The writ petition raises following three questions:
I) Whether spraying or fumigation of any kind of
chemical disinfectants on human beings without the
approval of the relevant ministry is violative of
Article 21?
II) Whether spraying or fumigation of any kind of self
claimed organic disinfectant on human beings without
the approval of the relevant Ministry is violative of
12
Article 21?
III) Whether exposure of human beings to artificial
ultraviolet rays is violative of Article 21?
All the above questions being interconnected are
being taken together. | <para>
17. We have considered the submission of learned counsel
for the parties and perused the record.
</para>
<para>
18. The writ petition raises following three questions:
I) Whether spraying or fumigation of any kind of
chemical disinfectants on human beings without the
approval of the relevant ministry is violative of
Article 21?
II) Whether spraying or fumigation of any kind of self
claimed organic disinfectant on human beings without
the approval of the relevant Ministry is violative of
12
Article 21?
III) Whether exposure of human beings to artificial
ultraviolet rays is violative of Article 21?
All the above questions being interconnected are
being taken together.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
19. Article 21 of the Constitution provides for
protection of life and personal liberty. The expression
'life' used in Article 21 has wide import and
connotation. Article 21 encompasses a bundle of rights
which have been recognized from time to time by the
legislature of this Country and Courts of this Country
including this Court. Right to life as recognized under
Article 21 is Right to live with dignity. Right to
health is also recognized as an important facet of
Article 21 of the Constitution. We may refer to
pronouncement of this Court in <cite>Devika Biswas versus
13
Union of India and others, (2016) 10 SCC 726</cite>, where
this Court held that Right to Health is an integral
facet of Right guaranteed under Article 21 of the
Constitution. In paragraph 107 of this Court dealing
with Right to Health laid down following:
"107. It is well established that the
right to life under Article 21 of the
Constitution includes the right to lead a
dignified and meaningful life and the
right to health is an integral facet of
this right. In <cite>CESC Ltd. v. Subhash
Chandra Bose</cite> dealing with the right to
health of workers, it was noted that the
right to health must be considered an
aspect of social justice informed by not
only Article 21 of the Constitution, but
also the Directive Principles of State
Policy and international covenants to
which India is a party. Similarly, the
bare minimum obligations of the State to
ensure the preservation of the right to
life and health were enunciated in <cite>Paschim
banga Khet Mazdoor Samity vs. State of
W.B.</cite>”
20. In the present case, Right to Health under
consideration is in wake of pandemic Covid19. The
provisions of Disaster Management Act, 2005(hereinafter
referred to as Act, 2005) has been invoked to combat
Covid19 by different authorities constituted under
Act, 2005. Covid19 is a notified disaster for the
purposes of the Act, 2005 by the Government of India.
14 | <para>
19. Article 21 of the Constitution provides for
protection of life and personal liberty. The expression
'life' used in Article 21 has wide import and
connotation. Article 21 encompasses a bundle of rights
which have been recognized from time to time by the
legislature of this Country and Courts of this Country
including this Court. Right to life as recognized under
Article 21 is Right to live with dignity. Right to
health is also recognized as an important facet of
Article 21 of the Constitution. We may refer to
pronouncement of this Court in <cite>Devika Biswas versus
13
Union of India and others, (2016) 10 SCC 726</cite>, where
this Court held that Right to Health is an integral
facet of Right guaranteed under Article 21 of the
Constitution. In paragraph 107 of this Court dealing
with Right to Health laid down following:
"107. It is well established that the
right to life under Article 21 of the
Constitution includes the right to lead a
dignified and meaningful life and the
right to health is an integral facet of
this right. In <cite>CESC Ltd. v. Subhash
Chandra Bose</cite> dealing with the right to
health of workers, it was noted that the
right to health must be considered an
aspect of social justice informed by not
only Article 21 of the Constitution, but
also the Directive Principles of State
Policy and international covenants to
which India is a party. Similarly, the
bare minimum obligations of the State to
ensure the preservation of the right to
life and health were enunciated in <cite>Paschim
banga Khet Mazdoor Samity vs. State of
W.B.</cite>”
</para>
<para>
20. In the present case, Right to Health under
consideration is in wake of pandemic Covid19. The
provisions of Disaster Management Act, 2005(hereinafter
referred to as Act, 2005) has been invoked to combat
Covid19 by different authorities constituted under
Act, 2005. Covid19 is a notified disaster for the
purposes of the Act, 2005 by the Government of India.
14
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
21. The Act, 2005, is an act for effective management of
disasters and matters connected therewith and
incidental thereto. Disaster Management includes
prevention of danger/threat of a disaster, mitigation
or reduction of risk of a disaster, preparedness to
deal with the disaster and prompt response to any
threatening disaster situation or disaster etc.. Under
Section 3, National Disaster Management Authority is
established for the purposes of the Act. Section 8
provides for the constitution of National Executive
Committee. Section 10 deals with powers and function of
National Executive Committee. The National Executive
Committee is to assist the National Authority in
discharge of its functions and have the responsibility
for implementing the policies and plans of the National
authority and ensure the compliance of the directions
issued by the Central Government for the purposes of
the Central Government. SubSection (2) of Section 10
enumerates various powers and functions of the National
Executive Committee. Section 10 which is relevant for
this case is as follows:
15
"10. Powers and functions of National
Executive Committee.—
(1) The National Executive Committee shall
assist the National Authority in the
discharge of its functions and have the
responsibility for implementing the
policies and plans of the National
Authority and ensure the compliance of
directions issued by the Central
Government for the purpose of disaster
management in the country.
(2) Without prejudice to the generality
of the provisions contained in subsection
(1), the National Executive Committee may—
(a) act as the coordinating and monitoring
body for disaster management;
(b) prepare the National Plan to be
approved by the National Authority;
(c) coordinate and monitor the
implementation of the National Policy;
(d) lay down guidelines for preparing
disaster management plans by different
Ministries or Departments of the
Government of India and the State
Authorities;
(e) provide necessary technical assistance
to the State Governments and the State
Authorities for preparing their disaster
management plans in accordance with the
guidelines laid down by the National
16
Authority;
(f) monitor the implementation of the
National Plan and the plans prepared by
the Ministries or Departments of the
Government of India;
(g) monitor the implementation of the
guidelines laid down by the National
Authority for integrating of measures for
prevention of disasters and mitigation by
the Ministries or Departments in their
development plans and projects;
(h) monitor, coordinate and give
directions regarding the mitigation and
preparedness measures to be taken by
different Ministries or Departments and
agencies of the Government;
(i) evaluate the preparedness at all
governmental levels for the purpose of
responding to any threatening disaster
situation or disaster and give directions,
where necessary, for enhancing such
preparedness;
(j) plan and coordinate specialised
training programme for disaster management
for different levels of officers,
employees and voluntary rescue workers;
(k) coordinate response in the event of
any threatening disaster situation or
disaster;
(l) lay down guidelines for, or give
directions to, the concerned Ministries or
Departments of the Government of India,
the State Governments and the State
Authorities regarding measures to be taken
17
by them in response to any threatening
disaster situation or disaster;
(m) require any department or agency of
the Government to make available to the
National Authority or State Authorities
such men or material resources as are
available with it for the purposes of
emergency response, rescue and relief;
(n) advise, assist and coordinate the
activities of the Ministries or
Departments of the Government of India,
State Authorities, statutory bodies, other
governmental
nongovernmental
organisations and others engaged in
disaster management;
or
(o) provide necessary technical assistance
or give advice to the State Authorities
and District Authorities for carrying out
their functions under this Act;
(p) promote general education and
awareness in relation to disaster
management; and
(q) perform such other functions as the
National Authority may require it to
perform. ”
22. The powers under subsection (2) of Section 10
clauses (i) and (l) of Act, 2005, have been delegated
to Secretary, Ministry of Health and Family Welfare,
Government of India, by notification dated 11.03.2020.
The Notification dated 11.03.2020 is as follows:
18
"
ORDER
In exercise of the powers conferred under
Section 69 of the Disaster Management Act,
2005, Union home Secretary being Chairman
of the National Executive Committee(NEC)
hereby delegates its power under clauses
(i) and (l) of subsection (2) of Section
10 of the Disaster Management Act, 2005 to
Secretary, Ministry of Health and Family
Welfare, Government of India to enhance
the preparedness and containment of novel
Coronavirus(COVID19) and the other
ancillary matters connected thereto. This
order shall be deemed to have come into
effect from 17th January, 2020.
(Sanjeev Kumar Jindal)
Joint Secretary to the
Government of India” | <para>
21. The Act, 2005, is an act for effective management of
disasters and matters connected therewith and
incidental thereto. Disaster Management includes
prevention of danger/threat of a disaster, mitigation
or reduction of risk of a disaster, preparedness to
deal with the disaster and prompt response to any
threatening disaster situation or disaster etc.. Under
Section 3, National Disaster Management Authority is
established for the purposes of the Act. Section 8
provides for the constitution of National Executive
Committee. Section 10 deals with powers and function of
National Executive Committee. The National Executive
Committee is to assist the National Authority in
discharge of its functions and have the responsibility
for implementing the policies and plans of the National
authority and ensure the compliance of the directions
issued by the Central Government for the purposes of
the Central Government. SubSection (2) of Section 10
enumerates various powers and functions of the National
Executive Committee. Section 10 which is relevant for
this case is as follows:
15
"10. Powers and functions of National
Executive Committee.—
(1) The National Executive Committee shall
assist the National Authority in the
discharge of its functions and have the
responsibility for implementing the
policies and plans of the National
Authority and ensure the compliance of
directions issued by the Central
Government for the purpose of disaster
management in the country.
(2) Without prejudice to the generality
of the provisions contained in subsection
(1), the National Executive Committee may—
(a) act as the coordinating and monitoring
body for disaster management;
(b) prepare the National Plan to be
approved by the National Authority;
(c) coordinate and monitor the
implementation of the National Policy;
(d) lay down guidelines for preparing
disaster management plans by different
Ministries or Departments of the
Government of India and the State
Authorities;
(e) provide necessary technical assistance
to the State Governments and the State
Authorities for preparing their disaster
management plans in accordance with the
guidelines laid down by the National
16
Authority;
(f) monitor the implementation of the
National Plan and the plans prepared by
the Ministries or Departments of the
Government of India;
(g) monitor the implementation of the
guidelines laid down by the National
Authority for integrating of measures for
prevention of disasters and mitigation by
the Ministries or Departments in their
development plans and projects;
(h) monitor, coordinate and give
directions regarding the mitigation and
preparedness measures to be taken by
different Ministries or Departments and
agencies of the Government;
(i) evaluate the preparedness at all
governmental levels for the purpose of
responding to any threatening disaster
situation or disaster and give directions,
where necessary, for enhancing such
preparedness;
(j) plan and coordinate specialised
training programme for disaster management
for different levels of officers,
employees and voluntary rescue workers;
(k) coordinate response in the event of
any threatening disaster situation or
disaster;
(l) lay down guidelines for, or give
directions to, the concerned Ministries or
Departments of the Government of India,
the State Governments and the State
Authorities regarding measures to be taken
17
by them in response to any threatening
disaster situation or disaster;
(m) require any department or agency of
the Government to make available to the
National Authority or State Authorities
such men or material resources as are
available with it for the purposes of
emergency response, rescue and relief;
(n) advise, assist and coordinate the
activities of the Ministries or
Departments of the Government of India,
State Authorities, statutory bodies, other
governmental
nongovernmental
organisations and others engaged in
disaster management;
or
(o) provide necessary technical assistance
or give advice to the State Authorities
and District Authorities for carrying out
their functions under this Act;
(p) promote general education and
awareness in relation to disaster
management; and
(q) perform such other functions as the
National Authority may require it to
perform. ”
</para>
<para>
22. The powers under subsection (2) of Section 10
clauses (i) and (l) of Act, 2005, have been delegated
to Secretary, Ministry of Health and Family Welfare,
Government of India, by notification dated 11.03.2020.
The Notification dated 11.03.2020 is as follows:
18
"
ORDER
In exercise of the powers conferred under
Section 69 of the Disaster Management Act,
2005, Union home Secretary being Chairman
of the National Executive Committee(NEC)
hereby delegates its power under clauses
(i) and (l) of subsection (2) of Section
10 of the Disaster Management Act, 2005 to
Secretary, Ministry of Health and Family
Welfare, Government of India to enhance
the preparedness and containment of novel
Coronavirus(COVID19) and the other
ancillary matters connected thereto. This
order shall be deemed to have come into
effect from 17th January, 2020.
(Sanjeev Kumar Jindal)
Joint Secretary to the
Government of India”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
23. Thus it is the Secretary, Ministry of Health and
Family Welfare, who had to lay down the guidelines or
give directions to the concerned Ministries or
Departments of Government of India, the State
Governments and State Authorities regarding measures to
be taken by them in response to any disrupting
situation or disaster. The Pandemic has threatened the
health of entire citizenry of the country and all
facets relating to pandemic Covid19, its prevention,
mitigation and cure are to be dealt with and taken care
of authorities empowered with different duties and
functions under different statutes including Disaster
Management Act, 2005.
19
24. We may first refer to the advisory dated 18.04.2020
which was issued against spraying of disinfectant on
people for Covid19 management. The advisory dated
18.04.2020 states:
"Advisory against spraying of disinfectant
on people for COVID19 management
Ministry of Health & Family Welfare has
received many queries regarding the
efficacy (if any) of use disinfectants
such as Sodium hypochlorite spray used
over the individuals to disinfect them.
The strategy seems to have gained of lot
of media attention and is also being
reportedly used at local levels in certain
districts/local bodies.
Purpose of the document
To examine the merit of using
disinfectants as spray over human body to
disinfect them from COVID19 and to
provide appropriate advisory
Disinfectants are chemicals that destroy
disease causing pathogens or other harmful
microorganisms. It refers to substances
applied on inanimate objects owing to
their strong chemical properties.
20
Chemical disinfectants are recommended for
cleaning and disinfection only of
frequently touched areas/surfaces by those
who are suspected or confirmed to have
COVID19. Precautionary measures are to be
adopted while using disinfectants for
cleaning – like wearing gloves during
disinfection.
In view of the above, the following
advisory is issued:
• Spraying of individuals or groups is NOT
recommended under any circumstances.
Spraying an individual or group with
chemical disinfectants is physically and
psychologically harmful.
• Even if a person is potentially exposed
with the COVID19 virus, spraying the
external part of the body does not kill
the virus that has entered your body. Also
there is no scientific evidence to suggest
that they are effective even in
disinfecting the outer clothing/body in an
effective manner.
• Spraying of chlorine on individuals can
lead to irritation of eyes and skin and
potentially gastrointestinal effects such
as nausea and vomiting. Inhalation of
sodium hypochlorite can lead to irritation
of mucous membranes to the nose, throat,
respiratory tract and may also cause
bronchospasm.
• Additionally use of such measures may in
fact lead to a false sense of disinfection
& safety and actually hamper public
observance to hand washing and social
distancing measures.”
21 | <para>
23. Thus it is the Secretary, Ministry of Health and
Family Welfare, who had to lay down the guidelines or
give directions to the concerned Ministries or
Departments of Government of India, the State
Governments and State Authorities regarding measures to
be taken by them in response to any disrupting
situation or disaster. The Pandemic has threatened the
health of entire citizenry of the country and all
facets relating to pandemic Covid19, its prevention,
mitigation and cure are to be dealt with and taken care
of authorities empowered with different duties and
functions under different statutes including Disaster
Management Act, 2005.
19
</para>
<para>
24. We may first refer to the advisory dated 18.04.2020
which was issued against spraying of disinfectant on
people for Covid19 management. The advisory dated
18.04.2020 states:
"Advisory against spraying of disinfectant
on people for COVID19 management
Ministry of Health & Family Welfare has
received many queries regarding the
efficacy (if any) of use disinfectants
such as Sodium hypochlorite spray used
over the individuals to disinfect them.
The strategy seems to have gained of lot
of media attention and is also being
reportedly used at local levels in certain
districts/local bodies.
Purpose of the document
To examine the merit of using
disinfectants as spray over human body to
disinfect them from COVID19 and to
provide appropriate advisory
Disinfectants are chemicals that destroy
disease causing pathogens or other harmful
microorganisms. It refers to substances
applied on inanimate objects owing to
their strong chemical properties.
20
Chemical disinfectants are recommended for
cleaning and disinfection only of
frequently touched areas/surfaces by those
who are suspected or confirmed to have
COVID19. Precautionary measures are to be
adopted while using disinfectants for
cleaning – like wearing gloves during
disinfection.
In view of the above, the following
advisory is issued:
• Spraying of individuals or groups is NOT
recommended under any circumstances.
Spraying an individual or group with
chemical disinfectants is physically and
psychologically harmful.
• Even if a person is potentially exposed
with the COVID19 virus, spraying the
external part of the body does not kill
the virus that has entered your body. Also
there is no scientific evidence to suggest
that they are effective even in
disinfecting the outer clothing/body in an
effective manner.
• Spraying of chlorine on individuals can
lead to irritation of eyes and skin and
potentially gastrointestinal effects such
as nausea and vomiting. Inhalation of
sodium hypochlorite can lead to irritation
of mucous membranes to the nose, throat,
respiratory tract and may also cause
bronchospasm.
• Additionally use of such measures may in
fact lead to a false sense of disinfection
& safety and actually hamper public
observance to hand washing and social
distancing measures.”
21
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
25. Even though the above advisory was issued by
Directorate General of Health Services not recommending
spraying of disinfectant on people for Covid19
management but several contrary opinion have been
expressed by other bodies and organisations. In this
context, reference has been made to the joint Press
Release dated 23.04.2020 by NCL (CSIR). The Press
Release dated 23.04.2020 states:
"Publication and Science Communication
Unit
Press release
April 23, 2020
Safe concentration of disinfectant in
walk through spray tunnels and their
scientific design
Joint Press Release: CSIRNCL Pune and ICT
Mumbai
Pune
CSIR–National Chemical Laboratory (CSIR
NCL),
various
concentrations of sodium hypochlorite to
find effective chemical disinfectants for
the mist sanitization system.
evaluated
The use of mistbased sanitization is
expected to provide safeguards to
frontline healthcare professionals,
including paramedic staff, police, and
employees providing essential services.
22
These people are more likely to get the
infection and unknowingly spread arising
from various sources. A lot of advisories
have appeared against the use of such
tunnels from various agencies, which does
not have any scientific basis.
Efficacy of sodium hypochlorite, also
known as hypo or bleach, ranging from
0.02% to 0.5% weight concentration was
studied on personnel walking through mist
tunnel unit, besides antibacterial
activity against standard microorganisms
before and after exposure in the walk
through. Results indicated that 0.02% to
0.05% weight concentration did not show an
adverse effect on normal skin flora and
yet destroyed the standard microbes. Thus,
we recommend using 0.02% 0.05 wt. %
sodium hypochlorite solution (200 to 500
ppm) for external body surface
sanitization of personnel walk through the
mist tunnel by following standard safety
precautions”
26. The petitioner has also referred to in the writ
petition various articles where different experts have
recommended for effective sanitization amid Covid19
pandemic by disinfection tunnels, different studies for
and against disinfectment of human body has been
referred to and relied in the writ petition. | <para>
25. Even though the above advisory was issued by
Directorate General of Health Services not recommending
spraying of disinfectant on people for Covid19
management but several contrary opinion have been
expressed by other bodies and organisations. In this
context, reference has been made to the joint Press
Release dated 23.04.2020 by NCL (CSIR). The Press
Release dated 23.04.2020 states:
"Publication and Science Communication
Unit
Press release
April 23, 2020
Safe concentration of disinfectant in
walk through spray tunnels and their
scientific design
Joint Press Release: CSIRNCL Pune and ICT
Mumbai
Pune
CSIR–National Chemical Laboratory (CSIR
NCL),
various
concentrations of sodium hypochlorite to
find effective chemical disinfectants for
the mist sanitization system.
evaluated
The use of mistbased sanitization is
expected to provide safeguards to
frontline healthcare professionals,
including paramedic staff, police, and
employees providing essential services.
22
These people are more likely to get the
infection and unknowingly spread arising
from various sources. A lot of advisories
have appeared against the use of such
tunnels from various agencies, which does
not have any scientific basis.
Efficacy of sodium hypochlorite, also
known as hypo or bleach, ranging from
0.02% to 0.5% weight concentration was
studied on personnel walking through mist
tunnel unit, besides antibacterial
activity against standard microorganisms
before and after exposure in the walk
through. Results indicated that 0.02% to
0.05% weight concentration did not show an
adverse effect on normal skin flora and
yet destroyed the standard microbes. Thus,
we recommend using 0.02% 0.05 wt. %
sodium hypochlorite solution (200 to 500
ppm) for external body surface
sanitization of personnel walk through the
mist tunnel by following standard safety
precautions”
</para>
<para>
26. The petitioner has also referred to in the writ
petition various articles where different experts have
recommended for effective sanitization amid Covid19
pandemic by disinfection tunnels, different studies for
and against disinfectment of human body has been
referred to and relied in the writ petition.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
27. After Notice was issued in the petition, the counter
23
affidavit was filed. In the Counter affidavit
respondent No.1 has also brought on record the minutes
of the meeting dated 09.06.2020 chaired by Director
General Health Services where review was made on the
use of disinfection tunnels. Observations as recorded
in the minutes are as follows:
"1.Use of disinfection tunnel
The matter of spraying of disinfectant
on people for COVID19 management was
discussed in the Joint Monitoring Group
and an advisory in this regard has been
issued by MOHFW/DGHS, EMR Division which
is available on the website of the
ministry. It clearly states the following:
"Spraying of individuals or groups is NOT
recommended under any circumstances.
Spraying an individual or group with
chemical disinfectants physically and
psychologically harmful.
• Even if a person is potentially
exposed with the Covid19 virus,
spraying the external part of the body
does not kill the virus that has
entered your body. Also there is no
scientific evidence to suggest that
they are effective even in
disinfecting the outer clothing/body
in an effective manner.
• Additionally use of such measures may
in fact lead to a false sense of
disinfection and safety and actually
hamper public observance to hand
24
washing and social distancing
measures.
It is reiterated that spraying of
individuals with disinfectants (such as
tunnels, cabinets, chambers, etc.) is
not recommended.
This could be
physically and psychologically harmful
and would not reduce an infected
person's ability to spread the virus
through droplets or contact. Moreover,
spraying individuals with chlorine and
other toxic chemicals could result in
eye and skin irritation, bronchospasm
due to inhalation, and gastrointestinal
effects such as nausea and vomiting. | <para>
27. After Notice was issued in the petition, the counter
23
affidavit was filed. In the Counter affidavit
respondent No.1 has also brought on record the minutes
of the meeting dated 09.06.2020 chaired by Director
General Health Services where review was made on the
use of disinfection tunnels. Observations as recorded
in the minutes are as follows:
"1.Use of disinfection tunnel
The matter of spraying of disinfectant
on people for COVID19 management was
discussed in the Joint Monitoring Group
and an advisory in this regard has been
issued by MOHFW/DGHS, EMR Division which
is available on the website of the
ministry. It clearly states the following:
"Spraying of individuals or groups is NOT
recommended under any circumstances.
Spraying an individual or group with
chemical disinfectants physically and
psychologically harmful.
• Even if a person is potentially
exposed with the Covid19 virus,
spraying the external part of the body
does not kill the virus that has
entered your body. Also there is no
scientific evidence to suggest that
they are effective even in
disinfecting the outer clothing/body
in an effective manner.
• Additionally use of such measures may
in fact lead to a false sense of
disinfection and safety and actually
hamper public observance to hand
24
washing and social distancing
measures.
</para>
<para>
It is reiterated that spraying of
individuals with disinfectants (such as
tunnels, cabinets, chambers, etc.) is
not recommended.
This could be
physically and psychologically harmful
and would not reduce an infected
person's ability to spread the virus
through droplets or contact. Moreover,
spraying individuals with chlorine and
other toxic chemicals could result in
eye and skin irritation, bronchospasm
due to inhalation, and gastrointestinal
effects such as nausea and vomiting.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
2. Use of Chemicals
As per the advisory by MOHFW/DGHS, EMR
Division:
Chemical disinfectants are recommended
for cleaning and disinfection only of
frequently touched areas/surfaces by
those who are suspected or confirmed to
have COVID19. Precautionary measures
are to be adopted while using
disinfectants for cleaning – like
wearing gloves during disinfection.
Spraying of chlorine on individuals can
lead to irritation of eyes and skin and
potentially gastrointestinal effects
such as nausea and vomiting. Inhalation
of sodium hypochlorite can lead to
irritation of mucous membranes to the
nose, throat, respiratory tract and may
also cause bronchospasm.
The chemicals such as freshly prepared
25
1% sodium hypochlorite or 70% ethanol
etc., are to be used as indicated, to
disinfect inanimate surfaces using
mops/wipes for the recommended contact
time.
3. Spraying disinfectants:
not
Spraying disinfectants is
recommended in both health care and non
health care settings.
In indoor spaces, routine application of
disinfectants to environmental surfaces
by spraying or fogging (also known as
fumigation or misting) is not
recommended for COVID19 as the
disinfectants may not be effective in
removing organic material and may miss
surfaces shielded by objects, folded
fabrics or surfaces with intricate
designs. If disinfectants are to be
applied, this should be done with a
cloth or wipe that has been soaked in
disinfectant.
Spraying or fumigation of outdoor
spaces, such as streets or marketplaces,
is also not recommended to kill the
COVID19 virus or other pathogens
because disinfectant is inactivated by
dirt and debris and it is not feasible
to manually clean and remove all organic
matter from such spaces. Moreover,
spraying porous surfaces, such as
sidewalks and unpaved walkways, would be
even less effective. Even in the absence
of organic matter, chemical spraying is
unlikely to adequately cover all
surfaces for the duration of the
required contact time needed to
26
inactivate pathogens. Furthermore,
streets and sidewalks are not considered
to be reservoirs of infection for COVID
19. In addition, spraying disinfectants,
even outdoors, can be harmful for human
health.
The committee referred to the document
of the World Health Organisation on
'Cleaning and disinfection of
environmental surfaces in the context of
COVID19.' | <para>
2. Use of Chemicals
As per the advisory by MOHFW/DGHS, EMR
Division:
Chemical disinfectants are recommended
for cleaning and disinfection only of
frequently touched areas/surfaces by
those who are suspected or confirmed to
have COVID19. Precautionary measures
are to be adopted while using
disinfectants for cleaning – like
wearing gloves during disinfection.
Spraying of chlorine on individuals can
lead to irritation of eyes and skin and
potentially gastrointestinal effects
such as nausea and vomiting. Inhalation
of sodium hypochlorite can lead to
irritation of mucous membranes to the
nose, throat, respiratory tract and may
also cause bronchospasm.
The chemicals such as freshly prepared
25
1% sodium hypochlorite or 70% ethanol
etc., are to be used as indicated, to
disinfect inanimate surfaces using
mops/wipes for the recommended contact
time.
</para>
<para>
3. Spraying disinfectants:
not
Spraying disinfectants is
recommended in both health care and non
health care settings.
In indoor spaces, routine application of
disinfectants to environmental surfaces
by spraying or fogging (also known as
fumigation or misting) is not
recommended for COVID19 as the
disinfectants may not be effective in
removing organic material and may miss
surfaces shielded by objects, folded
fabrics or surfaces with intricate
designs. If disinfectants are to be
applied, this should be done with a
cloth or wipe that has been soaked in
disinfectant.
Spraying or fumigation of outdoor
spaces, such as streets or marketplaces,
is also not recommended to kill the
COVID19 virus or other pathogens
because disinfectant is inactivated by
dirt and debris and it is not feasible
to manually clean and remove all organic
matter from such spaces. Moreover,
spraying porous surfaces, such as
sidewalks and unpaved walkways, would be
even less effective. Even in the absence
of organic matter, chemical spraying is
unlikely to adequately cover all
surfaces for the duration of the
required contact time needed to
26
inactivate pathogens. Furthermore,
streets and sidewalks are not considered
to be reservoirs of infection for COVID
19. In addition, spraying disinfectants,
even outdoors, can be harmful for human
health.
The committee referred to the document
of the World Health Organisation on
'Cleaning and disinfection of
environmental surfaces in the context of
COVID19.'
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
28. It is further relevant to notice that in paragraph
13 of the affidavit dated 01.09.2020, following
statement has also been made:
"13. It is most respectfully submitted
that as public health and hospitals are
State subject, it is for the States/Union
Territories to implement the guidelines
issued by the Ministry of Health and
Family Welfare and the role of Government
of India is limited to providing necessary
guidance and financial support.
.... ... .... ...."
29. From the pleadings brought on record on behalf of
respondent No.1, it is clear that although by the
advisory by respondent No.1, spraying of disinfectant
on human body is not recommended but respondent No.1
has not taken any further steps in the above context
taking any measure either to prevent or regulate the
spraying of disinfectant on the human body.
27
30. We have noted above the powers and functions of
National Executive Committee under Section 10 of the
Act, 2005, which specifically empowers the National
Executive Committee to give directions regarding
measures to be taken by the concerned ministry and
departments of the Government, State Governments and
State Authorities in response to the threatening
situation or disaster.
31. Section 36 of the Act, 2005, expressly enumerates
the responsibilities of Ministries and departments of
the Government of India. Section 36 which is relevant
for the case is as follows:
"36. Responsibilities of Ministries or
Departments of Government of India.—It
shall be the responsibility of every
Ministry or Department of the Government
of India to—
(a) take measures necessary for prevention
of disasters, mitigation, preparedness and
capacity building in accordance with the
guidelines laid down by the National
28
Authority;
(b) integrate into its development plans
and projects, the measures for prevention
or mitigation of disasters in accordance
with the guidelines laid down by the
National Authority;
(c) respond effectively and promptly to
any threatening disaster situation or
disaster in accordance with the guidelines
of the National Authority or the
directions of the National Executive
Committee in this behalf;
(d) review the enactments administered by
it, its policies, rules and regulations,
with a view to incorporate therein the
provisions necessary for prevention of
disasters, mitigation or preparedness;
(e) allocate funds for measures for
prevention of disaster, mitigation,
capacitybuilding and preparedness;
(f) provide assistance to the National
Authority and State Governments for—
up
drawing
(i)
mitigation,
preparedness and response plans,
capacitybuilding, data collection
and identification and training of
personnel in relation to disaster
management;
(ii) carrying out rescue and relief
operations in the affected area;
(iii) assessing the damage from any
disaster;
(iv) carrying out rehabilitation and
29
reconstruction;
(g) make available its resources to the
National Executive Committee or a State
Executive Committee for the purposes of
responding promptly and effectively to any
threatening disaster situation or
disaster, including measures for—
(i) providing emergency communication
in a vulnerable or affected area;
(ii) transporting personnel and
relief goods to and from the affected
area;
(iii) providing evacuation, rescue,
temporary shelter or other immediate
relief;
(iv) setting up temporary bridges,
jetties and landing places;
(v) providing, drinking water,
essential provisions, health care,
and services in an affected area;
(h) take such other actions as it may
consider necessary for disaster
management. ” | <para>
28. It is further relevant to notice that in paragraph
13 of the affidavit dated 01.09.2020, following
statement has also been made:
"13. It is most respectfully submitted
that as public health and hospitals are
State subject, it is for the States/Union
Territories to implement the guidelines
issued by the Ministry of Health and
Family Welfare and the role of Government
of India is limited to providing necessary
guidance and financial support.
.... ... .... ...."
29. From the pleadings brought on record on behalf of
respondent No.1, it is clear that although by the
advisory by respondent No.1, spraying of disinfectant
on human body is not recommended but respondent No.1
has not taken any further steps in the above context
taking any measure either to prevent or regulate the
spraying of disinfectant on the human body.
27
</para>
<para>
30. We have noted above the powers and functions of
National Executive Committee under Section 10 of the
Act, 2005, which specifically empowers the National
Executive Committee to give directions regarding
measures to be taken by the concerned ministry and
departments of the Government, State Governments and
State Authorities in response to the threatening
situation or disaster.
31. Section 36 of the Act, 2005, expressly enumerates
the responsibilities of Ministries and departments of
the Government of India. Section 36 which is relevant
for the case is as follows:
"36. Responsibilities of Ministries or
Departments of Government of India.—It
shall be the responsibility of every
Ministry or Department of the Government
of India to—
(a) take measures necessary for prevention
of disasters, mitigation, preparedness and
capacity building in accordance with the
guidelines laid down by the National
28
Authority;
(b) integrate into its development plans
and projects, the measures for prevention
or mitigation of disasters in accordance
with the guidelines laid down by the
National Authority;
(c) respond effectively and promptly to
any threatening disaster situation or
disaster in accordance with the guidelines
of the National Authority or the
directions of the National Executive
Committee in this behalf;
(d) review the enactments administered by
it, its policies, rules and regulations,
with a view to incorporate therein the
provisions necessary for prevention of
disasters, mitigation or preparedness;
(e) allocate funds for measures for
prevention of disaster, mitigation,
capacitybuilding and preparedness;
(f) provide assistance to the National
Authority and State Governments for—
up
drawing
(i)
mitigation,
preparedness and response plans,
capacitybuilding, data collection
and identification and training of
personnel in relation to disaster
management;
(ii) carrying out rescue and relief
operations in the affected area;
(iii) assessing the damage from any
disaster;
(iv) carrying out rehabilitation and
29
reconstruction;
(g) make available its resources to the
National Executive Committee or a State
Executive Committee for the purposes of
responding promptly and effectively to any
threatening disaster situation or
disaster, including measures for—
(i) providing emergency communication
in a vulnerable or affected area;
(ii) transporting personnel and
relief goods to and from the affected
area;
(iii) providing evacuation, rescue,
temporary shelter or other immediate
relief;
(iv) setting up temporary bridges,
jetties and landing places;
(v) providing, drinking water,
essential provisions, health care,
and services in an affected area;
(h) take such other actions as it may
consider necessary for disaster
management. ”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
32. When respondent No.1 has issued advisory that use of
disinfectant on human body is not recommended and it
has been brought into its notice that despite the said
advisory, large number of organizations, public
authorities are using disinfectants on human body, it
30
was necessary for the respondent No.1 to issue
necessary directions either to prevent such use or
regulate such use as per requirement to protect the
health of the people. The provisions of Disaster
Management Act, Section 10, 36 and other provisions are
not only provisions of empowerment but also cast a duty
on different authorities to act in the best interest of
the people to subserve the objects of the Act.
33. We have extracted paragraph 13 of the Counter
Affidavit where it has been stated by the respondent
No.1 that public health and hospitals, it is for the
States/UTs to implement guidelines by the Ministry of
Health and Family Welfare and role of the Central
Government is limited to provide necessary guidelines
and financial support.
34. No exception can be taken to the above pleading but
the provisions of the Act, 2005, confer certain more
responsibilities and duties on the respondent No.1
apart from issuance of guidelines and providing
31
financial support. The Act, 2005, is special
legislation containing selfcontained provisions to
deal with a disaster. The Pandemic being a disaster
within the meaning of Act, 2005, has to be dealt with
sternly and effectively. | <para>
32. When respondent No.1 has issued advisory that use of
disinfectant on human body is not recommended and it
has been brought into its notice that despite the said
advisory, large number of organizations, public
authorities are using disinfectants on human body, it
30
was necessary for the respondent No.1 to issue
necessary directions either to prevent such use or
regulate such use as per requirement to protect the
health of the people. The provisions of Disaster
Management Act, Section 10, 36 and other provisions are
not only provisions of empowerment but also cast a duty
on different authorities to act in the best interest of
the people to subserve the objects of the Act.
33. We have extracted paragraph 13 of the Counter
Affidavit where it has been stated by the respondent
No.1 that public health and hospitals, it is for the
States/UTs to implement guidelines by the Ministry of
Health and Family Welfare and role of the Central
Government is limited to provide necessary guidelines
and financial support.
</para>
<para>
34. No exception can be taken to the above pleading but
the provisions of the Act, 2005, confer certain more
responsibilities and duties on the respondent No.1
apart from issuance of guidelines and providing
31
financial support. The Act, 2005, is special
legislation containing selfcontained provisions to
deal with a disaster. The Pandemic being a disaster
within the meaning of Act, 2005, has to be dealt with
sternly and effectively.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
35. We have no doubt that the Union and the States are
taking all measures to contain the pandemic and all
mitigating steps but the facts which have been brought
on record in this writ petition indicate that in the
present case, something more was required to be done by
respondent No.1 apart from issuing advisory that use
of disinfectant on human body is not recommended. When
public authorities/ organizations were using
disinfectants both chemical/organic on the human body
and there are various studies to the effect that it may
be harmful to the health and the body. Some more
actions were required to remove the cloud of
uncertainty and to regulate the use even if it was to
either prevent such use or regulate the use so that
health of citizens is amply protected.
32
36. When a statute confer power on authority and that
power is to be exercised for the benefit of the people
in general, the power is coupled with the duty. This
Court in <cite>Commissioner of Police versus Gordhandas
Bhanji, AIR 1952 SC 16</cite>, speaking through Vivian
Bose,J., had laid down the offquoted preposition in
paragraph 28:
"28. The discretion vested in the
Commissioner of Police under R.250 has
been conferred upon him for public reasons
involving the convenience, safety,
morality and welfare of the public at
large. An enabling power of this kind
conferred for public reasons and for the
public benefit is, in our opinion, coupled
with a duty to exercise it when the
circumstances so demand. It is a duty
which cannot be shirked or shelved nor it
be evaded, performance of it can be
compelled under S.45.” | <para>
35. We have no doubt that the Union and the States are
taking all measures to contain the pandemic and all
mitigating steps but the facts which have been brought
on record in this writ petition indicate that in the
present case, something more was required to be done by
respondent No.1 apart from issuing advisory that use
of disinfectant on human body is not recommended. When
public authorities/ organizations were using
disinfectants both chemical/organic on the human body
and there are various studies to the effect that it may
be harmful to the health and the body. Some more
actions were required to remove the cloud of
uncertainty and to regulate the use even if it was to
either prevent such use or regulate the use so that
health of citizens is amply protected.
32
</para>
<para>
36. When a statute confer power on authority and that
power is to be exercised for the benefit of the people
in general, the power is coupled with the duty. This
Court in <cite>Commissioner of Police versus Gordhandas
Bhanji, AIR 1952 SC 16</cite>, speaking through Vivian
Bose,J., had laid down the offquoted preposition in
paragraph 28:
"28. The discretion vested in the
Commissioner of Police under R.250 has
been conferred upon him for public reasons
involving the convenience, safety,
morality and welfare of the public at
large. An enabling power of this kind
conferred for public reasons and for the
public benefit is, in our opinion, coupled
with a duty to exercise it when the
circumstances so demand. It is a duty
which cannot be shirked or shelved nor it
be evaded, performance of it can be
compelled under S.45.”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
37. This Court again in <cite>L.Hirday Narain versus income
Tax Officer, Bareilly, (1970) 2 SCC 355</cite>, reiterated the
same principle in following words:
"13....if a statute invests a public
officer with authority to do an act in a
specified set of circumstances, it is
33
imperative upon him to exercise his
authority in a manner appropriate to the
case when a party interested and having a
right to apply moves in that behalf and
circumstances for exercise of authority
are shown to exist. Even if the words used
in the statute are prima facie enabling
the Courts will readily infer a duty to
exercise power which is invested in aid of
enforcement of a rightpublic or private
of a citizen.”
38. Justice V.R. Krishna Iyer had elaborately dealt the
above principle in <cite>Municipal Council, Ratlam versus
Shri Vardichan and others, (1980) 4 SCC 162</cite>. The above
case was a case where Municipal Council Ratlam was
entrusted with certain duties to the public which was
sought to be enforced by the residents through Section
133 Cr.P.C. where Magistrate issued certain directions
to the Municipal Corporation which came to be
challenged in this Court. Justice Krishna Iyer quoting
Benjamin Bisraiely, in paragraph 9 of the judgment
stated:
"9. ...”All power is a trust – that we are
accountable for its exercise – that, from
the people, and for the people, all
springs, and all must exist.” Discretion
becomes a duty when the beneficiary brings
home the circumstances for its benign
exercise.”
34 | <para>
37. This Court again in <cite>L.Hirday Narain versus income
Tax Officer, Bareilly, (1970) 2 SCC 355</cite>, reiterated the
same principle in following words:
"13....if a statute invests a public
officer with authority to do an act in a
specified set of circumstances, it is
33
imperative upon him to exercise his
authority in a manner appropriate to the
case when a party interested and having a
right to apply moves in that behalf and
circumstances for exercise of authority
are shown to exist. Even if the words used
in the statute are prima facie enabling
the Courts will readily infer a duty to
exercise power which is invested in aid of
enforcement of a rightpublic or private
of a citizen.”
</para>
<para>
38. Justice V.R. Krishna Iyer had elaborately dealt the
above principle in <cite>Municipal Council, Ratlam versus
Shri Vardichan and others, (1980) 4 SCC 162</cite>. The above
case was a case where Municipal Council Ratlam was
entrusted with certain duties to the public which was
sought to be enforced by the residents through Section
133 Cr.P.C. where Magistrate issued certain directions
to the Municipal Corporation which came to be
challenged in this Court. Justice Krishna Iyer quoting
Benjamin Bisraiely, in paragraph 9 of the judgment
stated:
"9. ...”All power is a trust – that we are
accountable for its exercise – that, from
the people, and for the people, all
springs, and all must exist.” Discretion
becomes a duty when the beneficiary brings
home the circumstances for its benign
exercise.”
34
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
39. With regard to judicial process, important
observations were made by this Court in the above case
that affirmative action taken in the judicial process
is to make remedy effective failing which the right
becomes sterile. In paragraph 16 of the judgment,
following observations have been made:
"16...The nature of the judicial process
is not purely adjudicatory nor is it
functionally that of an umpire only.
Affirmative action to make the remedy
effective is of the essence of the right
which otherwise becomes sterile...”
40. Justice Krishna Iyer also laid down that improvement
of public health is paramount principle of governance.
In paragraph 24, following has been observed:
"24. ...The State will realise that
Article 47 makes it a paramount principle
of governance that steps are taken 'for
the improvement of public health as
amongst its primary duties'...” | <para>
39. With regard to judicial process, important
observations were made by this Court in the above case
that affirmative action taken in the judicial process
is to make remedy effective failing which the right
becomes sterile. In paragraph 16 of the judgment,
following observations have been made:
"16...The nature of the judicial process
is not purely adjudicatory nor is it
functionally that of an umpire only.
Affirmative action to make the remedy
effective is of the essence of the right
which otherwise becomes sterile...”
</para>
<para>
40. Justice Krishna Iyer also laid down that improvement
of public health is paramount principle of governance.
In paragraph 24, following has been observed:
"24. ...The State will realise that
Article 47 makes it a paramount principle
of governance that steps are taken 'for
the improvement of public health as
amongst its primary duties'...”
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
41. An additional affidavit has been filed by the
35
respondent No.1 where details regarding use of
Ultraviolet UV rays disinfectant/sterilize edible food
items like fruits and vegetables has been quoted. In
additional affidavit, rules have been relied namely
'Atomic Energy (Radiation Processing of Food and Allied
Product) Rules,2012', which rules require that no
person shall operate the facility without obtaining a
license for radiation processing of food and allied
products under the Rules. Facility has been defined as
radiation processing facility for food and allied
product. There are hosts of regulatory measures of
radiation for use of UV rays with regard to food and
other articles. We are of the view that for spraying
disinfectant on human body, fumigation or use of UV
rays against the human body, there has to be regulatory
regime when respondent No.1 itself is of the view that
such use is not recommended. The respondent No.1 has
wide powers and responsibilities under Act, 2005, which
could have been utilized to remedy the situation. In
event, use of disinfectant on human body is to cause
adverse effect on the health of the people, there has
to be immediate remedial action and respondent No.1
cannot stop only by saying that such use is not
recommended.
36
42. In view of the foregoing discussion, we are of the
view that ends of justice be served in disposing the
writ petition by issuing the following directions:
i) The respondent No.1 may consider and issue
necessary directions in exercise of powers vested in
it under the Disaster Management Act, 2005,
regarding ban/Regulation on the usage of
disinfection tunnels involving spraying or
fumigation of chemical/organic disinfectants for the
human beings.
or
ii) There shall be similar consideration and
directions by the respondents as indicated above
with regard to exposure of human being to artificial
ultraviolet rays.
iii) Looking to the health concern of the people in
general, the aforesaid exercise be completed by
respondent No.1 within a period of one month.
37 | <para>
41. An additional affidavit has been filed by the
35
respondent No.1 where details regarding use of
Ultraviolet UV rays disinfectant/sterilize edible food
items like fruits and vegetables has been quoted. In
additional affidavit, rules have been relied namely
'Atomic Energy (Radiation Processing of Food and Allied
Product) Rules,2012', which rules require that no
person shall operate the facility without obtaining a
license for radiation processing of food and allied
products under the Rules. Facility has been defined as
radiation processing facility for food and allied
product. There are hosts of regulatory measures of
radiation for use of UV rays with regard to food and
other articles. We are of the view that for spraying
disinfectant on human body, fumigation or use of UV
rays against the human body, there has to be regulatory
regime when respondent No.1 itself is of the view that
such use is not recommended. The respondent No.1 has
wide powers and responsibilities under Act, 2005, which
could have been utilized to remedy the situation. In
event, use of disinfectant on human body is to cause
adverse effect on the health of the people, there has
to be immediate remedial action and respondent No.1
cannot stop only by saying that such use is not
recommended.
36
</para>
<para>
42. In view of the foregoing discussion, we are of the
view that ends of justice be served in disposing the
writ petition by issuing the following directions:
i) The respondent No.1 may consider and issue
necessary directions in exercise of powers vested in
it under the Disaster Management Act, 2005,
regarding ban/Regulation on the usage of
disinfection tunnels involving spraying or
fumigation of chemical/organic disinfectants for the
human beings.
or
ii) There shall be similar consideration and
directions by the respondents as indicated above
with regard to exposure of human being to artificial
ultraviolet rays.
iii) Looking to the health concern of the people in
general, the aforesaid exercise be completed by
respondent No.1 within a period of one month.
37
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
1.
Feeling aggrieved and dissatisfied with the impugned
common judgment and order dated 18.10.2019 passed by
the High Court of Punjab and Haryana at Chandigarh in
Regular First Appeal (RFA) No. 1100/2013 and other allied
first appeals, by which, the High Court has allowed the
said first appeals in part preferred by the original land
owners and has enhanced the amount of compensation for
the lands acquired at Rs. 2,98,54,720/ per acre with all
1
2.
2.1
other statutory benefits, the State of Haryana has
preferred the present appeals.
The facts leading to the present appeals in a nutshell are
as under:
That approximately 58 acres of large chunk of lands
situated at village Kherki, Majra came to be acquired for
the public purpose under the provisions of the Land
Acquisition Act, 1894. The land acquisition officer declared
the awards. At the instance of the original land owners,
references under Section 18 of the Act, 1894 were made.
The reference court enhanced the compensation for
notification dated 13.01.2010 to Rs. 1,56,24,000/ per
acre from Rs. 60 lakhs per acre as awarded by the land
acquisition officer. The appeals preferred by the State
against the judgment and award passed by the reference
court determining the compensation at Rs. 1,56,24,000/
came to be dismissed. However, by the impugned
judgment and order taking into consideration the amount
of compensation enhanced by the High Court which came
to be modified by this Court to Rs. 2,38,00,000/ per acre
with respect to the lands acquired in the month of
January, 2008 and granting 12% cumulative increase, the
2
High Court has partly allowed the appeals preferred by the
land owners and determined and awarded the
compensation at Rs. 2,98,54,720/ per acre.
2.2
Dissatisfied with the impugned judgment and order passed
by the High Court determining and awarding the
compensation for the lands acquired vide notification
dated 13.01.2010 at Rs. 2,98,54,720/ per acre, the State
of Haryana has preferred the present appeals. | <para>
1.
Feeling aggrieved and dissatisfied with the impugned
common judgment and order dated 18.10.2019 passed by
the High Court of Punjab and Haryana at Chandigarh in
Regular First Appeal (RFA) No. 1100/2013 and other allied
first appeals, by which, the High Court has allowed the
said first appeals in part preferred by the original land
owners and has enhanced the amount of compensation for
the lands acquired at Rs. 2,98,54,720/ per acre with all
1
2.
2.1
other statutory benefits, the State of Haryana has
preferred the present appeals.
The facts leading to the present appeals in a nutshell are
as under:
That approximately 58 acres of large chunk of lands
situated at village Kherki, Majra came to be acquired for
the public purpose under the provisions of the Land
Acquisition Act, 1894. The land acquisition officer declared
the awards. At the instance of the original land owners,
references under Section 18 of the Act, 1894 were made.
The reference court enhanced the compensation for
notification dated 13.01.2010 to Rs. 1,56,24,000/ per
acre from Rs. 60 lakhs per acre as awarded by the land
acquisition officer. The appeals preferred by the State
against the judgment and award passed by the reference
court determining the compensation at Rs. 1,56,24,000/
came to be dismissed. However, by the impugned
judgment and order taking into consideration the amount
of compensation enhanced by the High Court which came
to be modified by this Court to Rs. 2,38,00,000/ per acre
with respect to the lands acquired in the month of
January, 2008 and granting 12% cumulative increase, the
2
High Court has partly allowed the appeals preferred by the
land owners and determined and awarded the
compensation at Rs. 2,98,54,720/ per acre.
</para>
<para>
2.2
Dissatisfied with the impugned judgment and order passed
by the High Court determining and awarding the
compensation for the lands acquired vide notification
dated 13.01.2010 at Rs. 2,98,54,720/ per acre, the State
of Haryana has preferred the present appeals.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
3.
We have heard Shri Nikhil Goel, learned AAG, appearing
on behalf of the State of Haryana and learned counsel
appearing on behalf of the respective original land owners.
4.
Shri Nikhil Goel, learned AAG, appearing on behalf of the
State has vehemently submitted that while determining
the compensation at Rs. 2,98,54,720/ per acre for the
lands acquired vide notification dated 13.01.2010, the
High Court has materially erred in taking into
consideration and/or relying upon the judgment of this
Court passed in Civil Appeal Nos. <cite>1181411864 of 2017
[State of Haryana Vs. Ram Chander (2017 SCC OnLine
SC 1869)</cite>] with respect to the lands acquired vide
notification issued in the month of January, 2008.
3 | <para>
3.
We have heard Shri Nikhil Goel, learned AAG, appearing
on behalf of the State of Haryana and learned counsel
appearing on behalf of the respective original land owners.
</para>
<para>
4.
Shri Nikhil Goel, learned AAG, appearing on behalf of the
State has vehemently submitted that while determining
the compensation at Rs. 2,98,54,720/ per acre for the
lands acquired vide notification dated 13.01.2010, the
High Court has materially erred in taking into
consideration and/or relying upon the judgment of this
Court passed in Civil Appeal Nos. <cite>1181411864 of 2017
[State of Haryana Vs. Ram Chander (2017 SCC OnLine
SC 1869)</cite>] with respect to the lands acquired vide
notification issued in the month of January, 2008.
3
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
4.1
It is submitted that in the judgment and order passed by
this Court in <cite>Civil Appeal Nos. 1181411864 of 2017</cite>, this
Court has specifically observed and held that the
determination of compensation vide the said judgment at
Rs. 2,38,00,000/ per acre shall not be treated as a
precedent in any other case. It is submitted that therefore,
while passing the impugned judgment and order the High
Court has materially erred in taking into consideration the
amount awarded by this Court vide judgment and order
passed in <cite>Civil Appeal Nos. 1181411864 of 2017</cite> at Rs.
2,38,00,000/.
4.2
It is further submitted by Shri Nikhil Goel, learned AAG,
appearing on behalf of the State that in the present case
the prices of the land were decreasing which was taken
note of by this Court. | <para>
4.1
It is submitted that in the judgment and order passed by
this Court in <cite>Civil Appeal Nos. 1181411864 of 2017</cite>, this
Court has specifically observed and held that the
determination of compensation vide the said judgment at
Rs. 2,38,00,000/ per acre shall not be treated as a
precedent in any other case. It is submitted that therefore,
while passing the impugned judgment and order the High
Court has materially erred in taking into consideration the
amount awarded by this Court vide judgment and order
passed in <cite>Civil Appeal Nos. 1181411864 of 2017</cite> at Rs.
2,38,00,000/.
</para>
<para>
4.2
It is further submitted by Shri Nikhil Goel, learned AAG,
appearing on behalf of the State that in the present case
the prices of the land were decreasing which was taken
note of by this Court.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
4.3
It is further submitted that even otherwise considering the
fact that with respect to the very village, lands came to be
acquired from 2008 onwards and therefore, the prices of
the lands were artificially increased. It is submitted that
therefore, the High Court has materially erred in giving
4
12% rise on Rs. 2,38,00,000/ per acre which has been
awarded for notification dated 25.01.2008.
4.4 Making the above submissions and relying upon the above
decision, it is prayed to allow the present appeals.
5.
While opposing the present appeals, learned counsel
appearing on behalf of the land owners has submitted that
once the appeals preferred by the State were dismissed
and the impugned common judgment and order was
passed in the appeals preferred by the land owners, it is
not open for the State now to challenge the impugned
common judgment and order passed by the High Court. | <para>
4.3
It is further submitted that even otherwise considering the
fact that with respect to the very village, lands came to be
acquired from 2008 onwards and therefore, the prices of
the lands were artificially increased. It is submitted that
therefore, the High Court has materially erred in giving
4
12% rise on Rs. 2,38,00,000/ per acre which has been
awarded for notification dated 25.01.2008.
</para>
<para>
4.4 Making the above submissions and relying upon the above
decision, it is prayed to allow the present appeals.
5.
While opposing the present appeals, learned counsel
appearing on behalf of the land owners has submitted that
once the appeals preferred by the State were dismissed
and the impugned common judgment and order was
passed in the appeals preferred by the land owners, it is
not open for the State now to challenge the impugned
common judgment and order passed by the High Court.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
5.1
It is further submitted that even otherwise considering the
sale instances produced on record right from 09.03.2007
till 31.03.2008 there was increase in prices and therefore,
the High Court has not committed any error in granting
the enhancement of 12% on Rs. 2,38,00,000/ per acre. It
is submitted that as such no concrete evidence has been
laid down or no contrary sale instance were placed on
record by the acquiring body showing the decrease in the
market value between 2008 and 2010.
5
5.2 Making the above submissions and relying upon the recent
decision of this Court in the case of <cite>Ramrao Shankar
Tapse Vs. Maharashtra Industrial Development
Corporation and Ors.; (2022) 7 SCC 563</cite>, by which, it
was observed that a cumulative increase of 10 to 15% per
year in the market value of land may be accepted, it is
prayed to dismiss the present appeals. | <para>
5.1
It is further submitted that even otherwise considering the
sale instances produced on record right from 09.03.2007
till 31.03.2008 there was increase in prices and therefore,
the High Court has not committed any error in granting
the enhancement of 12% on Rs. 2,38,00,000/ per acre. It
is submitted that as such no concrete evidence has been
laid down or no contrary sale instance were placed on
record by the acquiring body showing the decrease in the
market value between 2008 and 2010.
5
</para>
<para>
5.2 Making the above submissions and relying upon the recent
decision of this Court in the case of <cite>Ramrao Shankar
Tapse Vs. Maharashtra Industrial Development
Corporation and Ors.; (2022) 7 SCC 563</cite>, by which, it
was observed that a cumulative increase of 10 to 15% per
year in the market value of land may be accepted, it is
prayed to dismiss the present appeals.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
6.
We have heard learned counsel appearing on behalf of the
respective parties at length. We have gone through the
impugned common judgment and order passed by the
High Court and we have also gone through and considered
the earlier decision of this Court in the case of <cite>Civil Appeal
Nos. 1181411864 of 2017</cite> by which with respect to the
lands acquired vide notification dated 25.01.2008, this
Court determined the compensation at Rs. 2,38,00,000/
per acre. In the said judgment and order, this Court has
specifically observed that the said judgment may not be
treated as a precedent. However, it is required to be noted
that even on merits also, this Court considered and
accepted the sale instances produced on behalf of the land
owners ranging between 2007 and 2008. Therefore, as
6
such determination of the compensation at Rs.
2,38,00,000/ per acre with respect to the land acquired
vide notification issued on 25.01.2008 can be said to be
the base and considering the time gap between 2008
notification and 2010 notification, a suitable enhancement
ranging between 8% to 15 % is given which is held to be
permissible as per the catena of decisions of this Court
right from the decision in the case of <cite>Pehlad Ram Vs.
HUDA; (2014) 14 SCC 778</cite> up to the recent decision of
this Court in the case of <cite>Ramrao Shankar Tapase (supra)</cite>.
However, at the same time considering the fact that in the
present case with respect to the very village, the
acquisition proceedings came to be initiated in the month
of January, 2008, it will not be safe and/or prudent to
grant the cumulative increase of 12%. In the facts and
circumstances of the case and even considering the sale
instances produced on record, we are of the opinion that if
instead of 12% enhancement on Rs. 2,38,00,000/, 10%
increase is accepted it can be said to be a just
compensation and it may meet the ends of justice.
7
7.
In that view of the matter, the market value of the land in
question for the lands acquired vide notification dated
13.01.2010 will be at Rs. 2,87,98,000/ per acre.
Resultantly, the impugned common judgment and order
8.
passed by the High Court is required to be modified to the
aforesaid extent by awarding the compensation at Rs.
2,87,98,000/ per acre. Present appeals are partly allowed
to the aforesaid extent and it is held that the original land
owners shall be entitled to the compensation at Rs.
2,87,98,000/ per acre with all other statutory benefits
which may be available under the Land Acquisition Act,
1894. The appellant – State of Haryana is hereby directed
to deposit and/or pay the compensation to the original
land owner(s) at the market value of Rs. 2,87,98,000/
along with all other statutory benefits within a period of six
weeks from today after deducting whatever amount is
already paid. Present appeals are partly allowed to the
aforesaid extent. No costs. | <para>
6.
We have heard learned counsel appearing on behalf of the
respective parties at length. We have gone through the
impugned common judgment and order passed by the
High Court and we have also gone through and considered
the earlier decision of this Court in the case of <cite>Civil Appeal
Nos. 1181411864 of 2017</cite> by which with respect to the
lands acquired vide notification dated 25.01.2008, this
Court determined the compensation at Rs. 2,38,00,000/
per acre. In the said judgment and order, this Court has
specifically observed that the said judgment may not be
treated as a precedent. However, it is required to be noted
that even on merits also, this Court considered and
accepted the sale instances produced on behalf of the land
owners ranging between 2007 and 2008. Therefore, as
6
such determination of the compensation at Rs.
2,38,00,000/ per acre with respect to the land acquired
vide notification issued on 25.01.2008 can be said to be
the base and considering the time gap between 2008
notification and 2010 notification, a suitable enhancement
ranging between 8% to 15 % is given which is held to be
permissible as per the catena of decisions of this Court
right from the decision in the case of <cite>Pehlad Ram Vs.
HUDA; (2014) 14 SCC 778</cite> up to the recent decision of
this Court in the case of <cite>Ramrao Shankar Tapase (supra)</cite>.
However, at the same time considering the fact that in the
present case with respect to the very village, the
acquisition proceedings came to be initiated in the month
of January, 2008, it will not be safe and/or prudent to
grant the cumulative increase of 12%. In the facts and
circumstances of the case and even considering the sale
instances produced on record, we are of the opinion that if
instead of 12% enhancement on Rs. 2,38,00,000/, 10%
increase is accepted it can be said to be a just
compensation and it may meet the ends of justice.
7
</para>
<para>
7.
In that view of the matter, the market value of the land in
question for the lands acquired vide notification dated
13.01.2010 will be at Rs. 2,87,98,000/ per acre.
Resultantly, the impugned common judgment and order
8.
passed by the High Court is required to be modified to the
aforesaid extent by awarding the compensation at Rs.
2,87,98,000/ per acre. Present appeals are partly allowed
to the aforesaid extent and it is held that the original land
owners shall be entitled to the compensation at Rs.
2,87,98,000/ per acre with all other statutory benefits
which may be available under the Land Acquisition Act,
1894. The appellant – State of Haryana is hereby directed
to deposit and/or pay the compensation to the original
land owner(s) at the market value of Rs. 2,87,98,000/
along with all other statutory benefits within a period of six
weeks from today after deducting whatever amount is
already paid. Present appeals are partly allowed to the
aforesaid extent. No costs.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
The Judgment of the Court was delivered by
KIRPAL, J. The common question which arises for consideration in these
cases relates to the interpretation of an entry in the Karnataka Tax on
Entry of Goods Act, 1979 (for short ’The Act") in so far it relates to
furnace oil.
In the three sets of cases, there are different periods of assessment which
are involved. In the case of Indian Aluminium Company Ltd. (Civil Appeal
Nos. 1896-1899/1997 and 1900-1903/1997), the two periods in question are
1982-85 and 1986-1989 I" the case of M/s. Vikrant Tyres Limited (Civil
Appeal No. 3697/2000), the period involved is 1992-93. In case of M/s
Graphite India Limited (Civil Appeal No. 3696/2000), we are concerned with
the period post-1998. | <para>
The Judgment of the Court was delivered by
KIRPAL, J. The common question which arises for consideration in these
cases relates to the interpretation of an entry in the Karnataka Tax on
Entry of Goods Act, 1979 (for short ’The Act") in so far it relates to
furnace oil.
</para>
<para>
In the three sets of cases, there are different periods of assessment which
are involved. In the case of Indian Aluminium Company Ltd. (Civil Appeal
Nos. 1896-1899/1997 and 1900-1903/1997), the two periods in question are
1982-85 and 1986-1989 I" the case of M/s. Vikrant Tyres Limited (Civil
Appeal No. 3697/2000), the period involved is 1992-93. In case of M/s
Graphite India Limited (Civil Appeal No. 3696/2000), we are concerned with
the period post-1998.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
Under Section 3 of the aforesaid Act, tax on entry of goods specified in
the First Schedule into a local area for consumption, Use or sate there in
can be levied at the rates specified by the State Government by
notification. It is common ground that prior to amendment of the Act in
1992, there was one Schedule which specified the various items on which
entry tax could be levied. Entry No. 11 of the said Schedule was as
follows:
"AH petroleum products, that is to say, petrol, diesel, erode oil,
lubricating oil, transformer oil, brake clutch fluid, bitumin (asphalt) tar
and others but excluding LP kerosene and naphtha for use in the manufacture
of fertilizers."
When tax was sought to be levied on M/s. Indian Aluminium Company Ltd. on
entry Of furnace oil, a writ petition was filed in the Karnataka High Court
in which it was, inter alia, contended that the aforesaid entry did not
permit levy of tax on furnace oil which was brought into Karnataka by the
said assessee. The State of Karnataka took the stand before the Single
Judge that furnace oil was lubricating oil and, therefore, covered by Entry
No. 11. | <para>
Under Section 3 of the aforesaid Act, tax on entry of goods specified in
the First Schedule into a local area for consumption, Use or sate there in
can be levied at the rates specified by the State Government by
notification. It is common ground that prior to amendment of the Act in
1992, there was one Schedule which specified the various items on which
entry tax could be levied. Entry No. 11 of the said Schedule was as
follows:
"AH petroleum products, that is to say, petrol, diesel, erode oil,
lubricating oil, transformer oil, brake clutch fluid, bitumin (asphalt) tar
and others but excluding LP kerosene and naphtha for use in the manufacture
of fertilizers."
</para>
<para>
When tax was sought to be levied on M/s. Indian Aluminium Company Ltd. on
entry Of furnace oil, a writ petition was filed in the Karnataka High Court
in which it was, inter alia, contended that the aforesaid entry did not
permit levy of tax on furnace oil which was brought into Karnataka by the
said assessee. The State of Karnataka took the stand before the Single
Judge that furnace oil was lubricating oil and, therefore, covered by Entry
No. 11.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
By order dated 28th January, 1992, the learned Single Judge came to the
conclusion that furnace oil was not lubricating oil and, therefore, no tax
could be levied on the said furnace oil which was brought into Karnataka.
An appeal was filed against the aforesaid decision before the Division
Bench but during the pendency of the same by an Amendment Act pf 1992; the
Act was amended. Instead of one Schedule, the Amending Act provided for two
Schedules. The First Schedule contained 102 items on which entry tax Could
be levied under Section 3(1). Item No. 103 in the First Schedule was a
residuary item which enabled the imposition of tax on "goods other than
those specified in any of the entries in this Schedule, but excluding those
specified in the Second Schedule." The Second Schedule which was inserted
by virtue of the said Amending Act contained a list of items on which tax
was not leviable. In the First Schedule, Entry No. 67, corresponding to the
earlier Entry No. 11, reads as follows :
"Petroleum products; that is to say; petrol, diesel, crude oil, lubricating
oil, transformer Oil, brake or clutch fluid, bitumen (asphalt), Tar and
others, but excluding aviation fuel, liquid petroleum gas (LPG), kerosene
and naphtha for use in the manufacture of fertilizers." | <para>
By order dated 28th January, 1992, the learned Single Judge came to the
conclusion that furnace oil was not lubricating oil and, therefore, no tax
could be levied on the said furnace oil which was brought into Karnataka.
</para>
<para>
An appeal was filed against the aforesaid decision before the Division
Bench but during the pendency of the same by an Amendment Act pf 1992; the
Act was amended. Instead of one Schedule, the Amending Act provided for two
Schedules. The First Schedule contained 102 items on which entry tax Could
be levied under Section 3(1). Item No. 103 in the First Schedule was a
residuary item which enabled the imposition of tax on "goods other than
those specified in any of the entries in this Schedule, but excluding those
specified in the Second Schedule." The Second Schedule which was inserted
by virtue of the said Amending Act contained a list of items on which tax
was not leviable. In the First Schedule, Entry No. 67, corresponding to the
earlier Entry No. 11, reads as follows :
"Petroleum products; that is to say; petrol, diesel, crude oil, lubricating
oil, transformer Oil, brake or clutch fluid, bitumen (asphalt), Tar and
others, but excluding aviation fuel, liquid petroleum gas (LPG), kerosene
and naphtha for use in the manufacture of fertilizers."
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
On 30th March, 1994, in exercise of the powers conferred by sub-section (1)
of Section 3, the Government of Karnataka by a notification specified
different rates of tax in respect of entry of goods into Karnataka. Items 4
and 5, which are relevant in the present cases, which were inserted by
reason of the said Notification were as follows :
"4. Petroleum products, that is to say Petrol, Diesel, Crude Oil,
Lubricating Oil, Transformer Oil, Brake or Clutch fluid, Bitumen (asphalt).
Tar and others but excluding Liquid Petroleum Gas; (LPG), Kerosene and
Naphtha for use in the manufacture of fertilisers.
...2 per cent
5. Furnace oil. ..,2 per cent"
On 28th June, 1996, the Division Bench of the Karnataka High Court allowed
the appeal of the State and set aside the decision of the Single Judge. The
Division Bench came to the conclusion that the aforesaid original Entry No.
11 and the corresponding Entry No. 67 of the First Schedule after amendment
in 1992 contemplated the inclusion of furnace oil in the said Entry and,
therefore, tax could be levied thereon. In these appeals, the challenge is
to the said decision. | <para>
On 30th March, 1994, in exercise of the powers conferred by sub-section (1)
of Section 3, the Government of Karnataka by a notification specified
different rates of tax in respect of entry of goods into Karnataka. Items 4
and 5, which are relevant in the present cases, which were inserted by
reason of the said Notification were as follows :
"4. Petroleum products, that is to say Petrol, Diesel, Crude Oil,
Lubricating Oil, Transformer Oil, Brake or Clutch fluid, Bitumen (asphalt).
Tar and others but excluding Liquid Petroleum Gas; (LPG), Kerosene and
Naphtha for use in the manufacture of fertilisers.
...2 per cent
5. Furnace oil. ..,2 per cent"
</para>
<para>
On 28th June, 1996, the Division Bench of the Karnataka High Court allowed
the appeal of the State and set aside the decision of the Single Judge. The
Division Bench came to the conclusion that the aforesaid original Entry No.
11 and the corresponding Entry No. 67 of the First Schedule after amendment
in 1992 contemplated the inclusion of furnace oil in the said Entry and,
therefore, tax could be levied thereon. In these appeals, the challenge is
to the said decision.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
Learned counsel for the appellants have contended that use of the words
"that is to say" both in original Entry No. 11 and in the new Entry No. 67
clearly indicated that the items mentioned therein were exhaustive. They
further submit that neither of these entries mentioned furnace oil. It is
contended by them that the words "and others" occurring in the said entries
only qualify the word "tar" which precedes the said words and, therefore,
furnace oil could not be brought under the category of "and others".
Reliance is also placed on the Notification dated 30th March, 1994 whereby
in the Table providing for the rates of tax a specified entry of furnace
oil was inserted, It was contended that in the case of ambiguity it is
possible for the Court to look at the subsequent legislation in order to
find out the legislative intent.
There can be no doubt that these entries, namely, original Entry No. 1.1
and the new Entry No, 67 were exhaustive. Learned counsel for the
appellants are, therefore, right in contending as such. We, however, do not
find any ambiguity in interpreting the said entries and, therefore, for
this purpose it is not necessary for the Court to be influenced by the
Notification of 30th March, 1994, the issuance of which can be easily
explained. | <para>
Learned counsel for the appellants have contended that use of the words
"that is to say" both in original Entry No. 11 and in the new Entry No. 67
clearly indicated that the items mentioned therein were exhaustive. They
further submit that neither of these entries mentioned furnace oil. It is
contended by them that the words "and others" occurring in the said entries
only qualify the word "tar" which precedes the said words and, therefore,
furnace oil could not be brought under the category of "and others".
Reliance is also placed on the Notification dated 30th March, 1994 whereby
in the Table providing for the rates of tax a specified entry of furnace
oil was inserted, It was contended that in the case of ambiguity it is
possible for the Court to look at the subsequent legislation in order to
find out the legislative intent.
</para>
<para>
There can be no doubt that these entries, namely, original Entry No. 1.1
and the new Entry No, 67 were exhaustive. Learned counsel for the
appellants are, therefore, right in contending as such. We, however, do not
find any ambiguity in interpreting the said entries and, therefore, for
this purpose it is not necessary for the Court to be influenced by the
Notification of 30th March, 1994, the issuance of which can be easily
explained.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
Both these entries (Nos. 11 and 67) mention "petroleum products" : Whereas
in Entry No. 11 the first words are "All petroleum products", the word
"All" is missing in the new Entry No, 67, This, however, Will not make any
material difference because petroleum products would clearly mean any type
of petroleum product. The use of the words "and others" would, in our
opinion, refers to petroleum products other than those which are
specifically mentioned therein. What is. however, important is that the
said entries specifically exclude aviation fuel, liquid petroleum gas,
kerosene arid Naphtha for use in the manufacture of fertilizers. If the
contention of the learned counsel for the appellants is correct that the
words "and others" would not enable the inclusion of furnace oil in the
said entries, then on the same parity of reasoning aviation fuel, liquid
petroleum gas, kerosene and naphtha would also have to be regarded as not
being included in the said entries and if this is so there was no need for
their specific exclusion. The very fact that there is an exclusion clause,
means that but for the said exclusion, aviation fuel, LPG, etc., would be
included in the said entries and as they are not specifically mentioned
they would be covered by reason of the words "and others."
The said entries further show that the legislature never intended to
exclude furnace oil from the levy of entry tax. Had the intention of the
legislature been to exclude furnace oil, which admittedly is a petroleum
product, then such an exclusion would have been indicated in the said entry
itself as has been done in the case of aviation fuel, LPG, kerosene and
naphtha for use in the manufacture of fertilizers. The aforesaid entries
are clear and unambiguous and clearly indicate the taxability of any type
of petroleum product except those which are specifically excluded by the
said entries. | <para>
Both these entries (Nos. 11 and 67) mention "petroleum products" : Whereas
in Entry No. 11 the first words are "All petroleum products", the word
"All" is missing in the new Entry No, 67, This, however, Will not make any
material difference because petroleum products would clearly mean any type
of petroleum product. The use of the words "and others" would, in our
opinion, refers to petroleum products other than those which are
specifically mentioned therein. What is. however, important is that the
said entries specifically exclude aviation fuel, liquid petroleum gas,
kerosene arid Naphtha for use in the manufacture of fertilizers. If the
contention of the learned counsel for the appellants is correct that the
words "and others" would not enable the inclusion of furnace oil in the
said entries, then on the same parity of reasoning aviation fuel, liquid
petroleum gas, kerosene and naphtha would also have to be regarded as not
being included in the said entries and if this is so there was no need for
their specific exclusion. The very fact that there is an exclusion clause,
means that but for the said exclusion, aviation fuel, LPG, etc., would be
included in the said entries and as they are not specifically mentioned
they would be covered by reason of the words "and others."
</para>
<para>
The said entries further show that the legislature never intended to
exclude furnace oil from the levy of entry tax. Had the intention of the
legislature been to exclude furnace oil, which admittedly is a petroleum
product, then such an exclusion would have been indicated in the said entry
itself as has been done in the case of aviation fuel, LPG, kerosene and
naphtha for use in the manufacture of fertilizers. The aforesaid entries
are clear and unambiguous and clearly indicate the taxability of any type
of petroleum product except those which are specifically excluded by the
said entries.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |
Coming to the Notification of 30th March, 1994, it is quite obvious that as
on that day the judgment of the Single Judge in Indian Aluminium Co.’s case
held the field and as a result thereof the State was unable to impose entry
tax on the import of furnace oil into the State, The only way by which this
could have been done, pending the outcome of the letters patent appeal, was
to make a specific provision which it did by the said Notification of 30th
March, 1994, The entries being clear, the subsequent Notification of 30th
March, 1994, cannot be invoked for the purpose of creating ambiguity where
none exists.
For the aforesaid reasons, we are of the opinion that there is no merit in
these appeals. The same are, accordingly, dismissed. | <para>
Coming to the Notification of 30th March, 1994, it is quite obvious that as
on that day the judgment of the Single Judge in Indian Aluminium Co.’s case
held the field and as a result thereof the State was unable to impose entry
tax on the import of furnace oil into the State, The only way by which this
could have been done, pending the outcome of the letters patent appeal, was
to make a specific provision which it did by the said Notification of 30th
March, 1994, The entries being clear, the subsequent Notification of 30th
March, 1994, cannot be invoked for the purpose of creating ambiguity where
none exists.
</para>
<para>
For the aforesaid reasons, we are of the opinion that there is no merit in
these appeals. The same are, accordingly, dismissed.
</para> | You are an intelligent AI model which when given a legal document, chunk the whole document into paragraphs. Ensure that the chunking is done rightly keeping in mind the context, also learn from the example attached. Format for paragraph tagging: Use '<para>' to indicate the beginning of a paragraph, and '</para>' to indicate the end of that paragraph. Given a document, output the whole document as is with chunking it into paragraphs following the format above. Do not summarize or condense the text. |