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1
BEFORE THE NATIONAL GREEN TRIBUNAL, NEW DELHI,
(PRINCIPAL BENCH)
APPEAL No. 10 of 2011
Hindustan Cocacola Beverages Pvt. Ltd.
Raninagar Industrial Growth Centre,
P.O. Patkata, P.O. Jalpaiguri,
District,Jalpaiguri-735153.
Appellant/Petitioner
Versus
1.West Bengal Pollution Control Board,
Department of Environment of West Bengal)
Paribesh Bhawan, 10-A, Block LA,
Sector-III, Salt Lake, Kolkata-700098.
2.Chief Engineer, Operation and Execution Cell,
West Bengal Pollution Control Board,
Paribesh Bhawan, 10-A, Block-LA, Sector-III,
Salt Lake, Kolkata-700098.
3. Senior environment Engineer,
W.M.C. & Member and Convener-Technical Cell,
West Bengal Pollution Control Board,
Paribesh Bhawan, 10-A, Block-LA,
Sector-III, Salt Lake,Kolkata-700098.
4. Assistant Environment Engineer – In-Charge,
West Bengal Pollution control Board Regional Office,
“Paribesh Bhawan”, Paribahan Nagar,
P.O. Matigara, Darjeeling-734010
2
Respondent/s
Counsel for Appellant:
Shri Amit Sibal, Advocate alongwith
Shri Paras Choudhary, Advocate
Counsel for Respondents:
Shri Soumya Chakraborty, Adovcate
JUDGMENT
PRESENT:
Justice A.S. Naidu (Acting Chairperson)
Dr. G.K. Pandey (Expert Member) ...................................................................................................
Dated 19th March, 2012 ….……………………………………………………………………
JUDGMENT BY THE BENCH
1. Appellant is a company incorporated under the
provisions of the Companies Act, 1956 and is engaged in
the business of manufacturing and sale of carbonated soft
drinks under the brand name of Coca-Cola Sprite, Limca,
Mazza, Thmps Up etc. and has a plant at Raninagar
Industrial Growth Centre, P.S. and District Jalpaiguri, West
Bengal.
2. The directions issued by West Bengal Pollution Control
Board (WBPCB) to the Appellant Company by letter dated
3
2nd May, 2011 is sought to be assailed in this Appeal. By
the said letter, WBPCB directed the Appellant Company as
follows:
“a) The industry shall ensure continuous and smooth
functioning of the pollution abatement system in all its
unit operations and comply with the environmental
standards.
b) The industry shall submit an action plan for
compliance of liquid effluent discharge standard within a
time period of fifteen (15) days. The industry shall also
install suitable infrastructure for testing of the liquid
effluent samples so as to assess the characteristics of
the discharged effluent.
c) The industry shall submit a Bank Guarantee
(proforma enclosed) of Rs. 5,00,000/-(Rupees five lakhs)
only, valid for twelve (12) months within fifteen (15) days
from the date of issuance of this Direction as an
assurance to comply with the above directions. ”
The directions are impugned mainly on the
following grounds:
“i) The WBPCB had no power / jurisdiction to impose
pollution cost or direct the Appellant to furnish a Bank
Guarantee as penal measure.
4
ii) The Appellant’s right of hearing was denied before
issuance of the said directions, thus there was violation
of principle of natural justice and equity.
iii) The order is an after thought, and the same has no
nexus with the last analysis report of the discharged
effluent.
In the alternative it is contended that the procedure
prescribed under the Air Act and Water Act and Rules made
there under were not followed by the WBPCB before imposing
the fine/penalty.
3. To appreciate the inter-se controversy it would be just
and proper to refer to some of the facts. The Appellant was
granted consent under Section 25 and 26 of the Water
(Prevention and Control of Pollution) Act, 1974 (Water Act)
and Section 21 of the Air (Prevention and Control of Pollution)
Act, 1981 (Air Act) by the WBPCB, for operating, a
manufacturing and bottling plant at Raninagar Industrial
Growth Centre, Jalpaiguri, on 19th September, 2000. The said
consent was extended time and again in consonance with the
provisions of both Water and Air Act.
4. On 5th August, 2010, the WBPCB issued a notice for
collection of samples from the Appellant’s plant. In consonance
with said notice samples were collected by the officials of
WBPCB from the premises of the Appellant’s plant on 6th
5
August, 2010. According to the Appellant the specific
procedure stipulated under Section 21 of the Water Act for
collection of the samples were not followed, in as much as
neither the samples were divided into two parts in the presence
of the occupier or his agent of the Appellant nor they were
sealed, nor the signature of the occupier or his agent was
taken by the officers of WBPCB while collecting the samples.
Another set of samples were also collected from the premises
of the Appellant on 9th December, 2010. It is alleged, the said
samples were also collected without following the mandatory
procedure laid down in Section 21 of the Water Act.
5. On 16th December, 2010, WBPCB on the basis of the
analysis report of the samples which were collected on 6th
August, 2010, & 9th December, 2010, issued a show-cause
notice alleging violation of the regulatory standards, and called
upon the Appellant to show-cause, and to take necessary
steps to comply with the prescribed standards. The Appellant
was also asked to inform the office, the action taken in that
regard. It is averred that necessary cause was shown by the
Appellant, within the time prescribed indicating the measures
taken for eradicating the deficiencies. WBPCB, on 29th
December, 2010 once again took samples from the Appellant’s
plant and got the same analyzed. The analysis report dated
11th February, 2011 revealed that the samples collected on
29th December, 2010 were within the prescribed parameters.
6
6. While matter stood thus, on 14th February, 2011 the
WBPCB issued another notice and directed personal
appearance of the Appellant before the Board, at Kolkata. In
compliance with the said notice the Factory Manager of the
Appellant Company it is stated, appeared before the Board and
advanced his submissions and contended that no violation of
the specified standards are committed. The grievance of the
Appellant is that without properly appreciating the fact that the
effluents of the plant satisfy / meet the standards prescribed
and that there is no violation, the WBPCB mechanically issued
the impugned order dated 2nd May, 2011 in purported exercise
of the power conferred upon it under Section 33 A of the Water
Act, and as such the said order cannot be sustained in law.
7. After receiving the notice from this Tribunal, the
Respondents appeared and filed detailed counter affidavit
repudiating the stand taken in different paragraphs of the
memorandum of appeal. It is contended that WBPCB is
authorized to monitor statutory compliances of Industries
operating in the State of West Bengal, with regard to different
pollution Control Laws including Water and Air Act, as well as
the rules framed there under. In usual course of business,
officers of WBPCB inspected the premises of the Appellant’s
Industry, after serving prior notice on 6th August, 2010 and 9th
December, 2010. In course of such inspections, the officials
collected samples of trade effluent in presence of competent
representatives of the Appellant Industry. It is emphatically
7
contended that the samples, which were collected on 6th
August, 2010, and 5th October, 2010 were divided and kept in
bottles as per law and they were duly sealed and signed in
presence of the representatives of the Appellant concern.
Analysis of the samples so collected revealed that the
Appellant industry was manufacturing its products in gross
violation of the standards prescribed in the letter of “Consent to
Operate” and consequently the Appellant was called upon to
show-cause. After considering the cause shown, and on being
satisfied that it is a fit case where necessary stringent
directions should be issued, WBPCB directed the Appellant to
pay pollution cost of Rs. 5,00,000/- (five lakhs) and also to
submit a bank guarantee of Rs. 5,00,000/- (five lakhs) as an
assurance to comply with the directions issued vide order
dated 2nd May, 2011 in future. The action of the WBPCB, it is
contended, was strictly in consonance with the provisions of
the Water and Air Act and the submissions to the contrary are
unfounded.
8. The Appellant filed a rejoinder to the reply filed by the
Respondent more or less reiterating the stands taken in the
Memorandum of Appeal. The Respondents also filed a
counter to the Rejoinder, denying the allegations leveled
therein and in the Memorandum of Appeal.
9. Mr. Sibal, Learned Counsel appearing for the Appellants,
in course of arguments, took the stand that WBPCB lacked the
8
power to impose penalty in the form of substantial amounts or
direct to submit Bank guarantee as an assurance to comply
with the directions issued either, under Section 33A or any
other provisions of the Water Act, 1974. According to Mr. Sibal
a pecuniary liability for non-compliance with any legal
obligations can be imposed only by clear, unambiguous and
express provisions of an enactment. In the case in hand, as
there is no such express and unambiguous provision in the
Water Act, WBPCB was not authorized or empowered to
impose any sort of penalty, thus the directions issued by the
impugned order are in excess of the jurisdiction conferred
upon it and it is a fit case where the said order may be set
aside.
10. In support of his contentions, Mr. Sibal relied upon the
decision of the Supreme Court in the case of M/s Khemka &
Co. (Agencies) Pvt. Ltd. Vs. State of Maharashtra (1975) 2
SCC 22, and of High Court in the case of Splendor Landbase
Ltd. Vs Delhi Pollution Control Committee (DPCC)
reported in 173 (2010) Delhi Law Times-52,
Referring to Section 25 of the Water Act, it is submitted that the
said Section empowers the Board to impose binding conditions
upon an Industry who seeks consent to operate. Section 44,
according to Mr. Sibal stipulates that whoever contravenes the
provisions of Section 25 or Section 26 shall be liable to be
punished with imprisonment for a term which shall not be less
than one year and six months but which may extend to 6 years
9
and with fine. Similarly, Section 41 stipulates the penalty
which can be imposed in the event of any failure to comply with
the directions issued under Section 20(2) or Section 20 (3) or
orders issued under Section 32 (1) (c) or directions issued
under Section 33 (2) or Section 33A of the Water Act. Placing
reliance on Section 49 of the Water Act, it is submitted that
only a Court which is not inferior to that of Metropolitan
Magistrate or a Judicial Magistrate is empowered to try any
offence punishable under the Act on the basis of complaint
made by the Board or any other person. No doubt Section
33A empowers the Board to give directions, but then the said
directions have to be subject to the provisions of the Act. A
cumulative reading of the different provisions of the Water Act,
it is contended, leads to an irresistible conclusion that only a
Metropolitan Magistrate or a Judicial Magistrate, has the power
to impose penalty if the directions issued by the Board are
contravened or violated. In view of the said clear position, it
cannot be presumed that Section 33A over rides the provisions
stipulated under Section 41, 44 and 49 of the Act. In other
words, the Powers under Section 33A is circumscribed by
other Provisions of the Water Act
11. The expression “any direction” in Section 33A according
to Mr. Sibal cannot be extended to a stage which would make
the provisions under Section 49 and other Sections otiose. In
support of his submissions Mr. Sibal relied upon the decision of
the Hon’ble Supreme Court in the case of Institute of
10
Chartered Accountants of India Vs. Price Waterhouse
(1997) 6 SCC 312 and the decision in the case of Union of
India Vs Azadi Bachao Andolan and another (2004) 10 SCC
1.
12. Questioning the propriety of the WBPCB, with regard to
the directions to submit Bank guarantee of Rs. 5,00,000/- (five
lakhs), it is contended that the settled principal of law being
that a penalty cannot be construed as punishment or
commission of crime, no such direction can be issued under
Section 33A of the Act. In support of his submissions the
decision in the case of N.K. Jain and Ors. Vs C.K. Shah and
Ors. (1991) 2 SCC 495, was relied upon.
13. By way of alternative argument, Mr. Sibal, submitted
that even if for the sake of argument it is held that the WBPCB
had power under Section 33A of the Water Act, the said power
can be exercised only in consonance with the provisions of the
Act and Rules or not at all. Drawing our attention to Rule 34 of
the Water (Prevention and Control of Pollution) Rules, 1975, it
is submitted that the Authorities had not complied with the
mandatory requirements of the said Rules, in as much as
before issuance of the impugned directions, the nature of
action proposed to be taken and the time within which it should
be complied with, was not intimated nor any show cause was
called for with regard to the proposed punishment. Placing
reliance on Sub Rule 5 of Rule 34 it is further submitted, that
11
as no opportunity was granted to the Appellant to file a show
cause / objection, impugned directions cannot be sustained.
14. Mr. Soumya Chakraborty, Learned Counsel appearing
for WBPCB and other Respondents, countenancing the
arguments advanced on behalf of the Appellant, submitted that
the powers conferred upon WBPCB under Section 33A are
very wide. The Section itself empowers WBPCB to issue any
directions in exercise of its power and performance of its
functions. The directions issued under Section 33A are
compensatory in nature. Causing pollution and or harm to the
environment leading to violation of the norms prescribed under
the Act and Rules. The same being tortious acts, un-liquidated
damages in the form of imposition of pollution cost/damages
can be directed. The directions issued to furnish a Bank
Guarantee were aimed to secure future observance of
environmental norms and the same should not be construed as
a penalty. Thus, according to Mr. Chakraborty, WBPCB acted
in consonance with law and the submission to the contrary
were unfounded.
15. In support of his submission, several decision of
Supreme Court dealing with the principles of sustainable
development, precautionary principle and polluter pays
principle were relied upon. The polluter pays principle, it is
submitted is the ethos of international environmental
jurisprudence in the matter of correcting a civil norm by award
of cost / damages on a polluting industry. The core of the
12
principle, derives from the fundamental proposition, that the
person who generate pollution should bear the cost of
abatement. In order to further fortify his submissions, Mr.
Chakraborty relied upon following decisions of the Hon’ble
Supreme Court:-
i) Indian Council for Enviro Legal Action and Ors. vs.
Union of India & Ors. (1996) 3 SCC 212.
ii) Vellore Citizens’ Welfare Forum vs. Union of India &
Ors. (1996) 5 SCC 647.
iii) M.C. Mehta vs. Kamal Nath & Ors. (2000) 6 SCC 213.
iv) Research Foundation For Science (18) vs. Union of
India & (2005) 13 SCC 185
v) Karnatak Industrial Areas Development Board vs. C.
Kenchappa & Ors. (2006) 6 SCC 371.
vi) Tirupur Dying Factory Owners Association vs. Noyyal
River Ayacutdars Protection Association & Or. (2009) 9
SCC 737.
16. There is absolutely no quarrel with the legal
preposition advanced by Mr. Chakraborty. In the case of
Tirupur Dying Factory Owners Association (Supra), the
Hon’ble Supreme Court, referring to the all previous
judgments, concluded that the concept of “Sustainable
Development” covers the development that meets the
needs of a person without compromising the ability of the
future generation to meet their own needs. It means the
development, that can take place, can be sustained by
13
nature / ecology with or without mitigation. In such matters,
the required standard is that the risk or harm to the
environment or to human health is to be decided in public
interest, according to a reasonable persons test. The
development of the industries, irrigations sources and
power projects are necessary to improve employment
opportunity and generation of revenue, therefore, cannot be
ignored. In such, eventuality, a balance has to be struck for
the reasons that if the activity is allowed to go on, there may
be irreparable damage to the environment and there may
be irreparable damage to the economic interest.
17. The precautionary principle and the principle of polluter
pays are the integral part and parcel of National
environmental law. An Industry or a person who pollutes
the surrounding area or environment is bound to
compensate the persons who have suffered the loss
because of the activity. An industry or a person being
responsible for causing the pollution cannot escape the
responsibility of not meeting the expenses of removing the
damages caused and restoring the environment to its
original position.
Section 20 of the National Green Tribunal (NGT) Act, 2010
clearly lays down the principle upon which this Tribunal
should function. The said Section reads as follows:-
14
“ 20. Tribunal to apply certain principles:- The Tribunal
shall, while passing any order or decision or award,
apply the principles of sustainable development, the
precautionary principle and the polluter pays principle.”
Thus it is no more res-integra, with regard to the legal
proposition that a polluter is bound to pay and eradicate the
damage caused by him and restores the environment. He
is also responsible to pay for the damages caused due to
the pollution caused by him.
18. In the case in hand, most of the facts are admitted
except the allegations that the samples were not collected
from the Appellant’s plant following the prescribed norms of
Section 21 of the Water Act and that no adequate
opportunity of hearing was granted to the officers of the
Appellant concern before issuing the impugned directions.
The said allegations are stoutly denied by the Respondents.
Be that as it may, the allegations and counter allegations
being factual aspects, we do not propose to enter into such
factual disputes at this stage, as the controversy can be
decided on other broader issues.
19. The most crucial issue which needs to be determined
is with regard to the power of the WBPCB to issue
directions under Section 33A of the Water Act. According to
Mr. Sibal , the power under the said Section cannot be
15
construed to be an unbridled one and should always be
subject to other provisions of Act and Rules. Whereas
according to Mr. Chakraborty, exercising the powers under
Section 33A , the WBPCB can issue any direction in writing
and such powers cannot be restricted or curtailed.
Section 33A of the Water Act, stipulates that
notwithstanding anything contend in any other law, but
subject to the portions of the said Act, and to any direction
issued by the Central Government, a Board may, in exercise
of the powers and performance of its functions under the
Act, issue any directions.
Law is well settled that a direction issued by an
Authority should be not only fair, legitimate and above-board,
but also should be without any affection or aversion (See
AIR 1988 SC 157). An authority should not issue any
direction which lacks bonafide and / or otherwise in
justiciable. The rule of law warrants that a direction should
be issued by application of due diligence and the same
should be within the parameters of the known principles,
rules and guidelines. A direction should have nexus to the
facts and circumstances and should not be arbitrary. It can
be, therefore, safely concluded that Section 33A of the
Water Act does not vest an unbridled power upon the Board
and the said power is always subject to reasonable
restrictions prescribed by the provisions of Act and Rule.
16
20. In the case of Splendor Landbase Ltd. Vs Delhi
Pollution Control Committee (Supra) Hon’ble Delhi High
Court interpreting Section 33A of the Water Act, relying
upon the judgment of the Supreme Court in the case of
Khemka & Co. (Agencies) Pvt. Ltd. vs. State of
Maharashtra, observed as follows:-
“In the considered view of this Court, the
power to levy a penalty on any party is in the
nature of a penal power. It is settled law that
unless there is a specific power in the Statute
enabling the authority to do so. It cannot levy
penalties or damages with reference to the
general power under Section 31A of the Air
Act or Section 33A of Water Act.”
In paragraph 66 of the judgment the Hon’ble
Delhi High Court further observed:-
“This Court has, therefore, no hesitation in
coming to the conclusion that orders issued
by the CMC or even the DPCC in the instant
case levying penalty and requiring furnishing
of bank guarantees and making the grant of
consent to establish under the Water Act and
consent to operate under the Air Act
17
conditional upon payment of such penalties
and furnishing of such bank guarantees are
entirely without the authority of law and
require to be set aside. Procedural violations
by the DPCC.”
It is needless to say that the facts of the said case are
more or less similar to the facts of the case in hand.
21. According to Mr. Chakraborty, the decision of the
Hon’ble Delhi High Court being hit by the principles of sub-
silentio should not be taken as a precedent. It is submitted
that the Hon’ble High Court has not taken into consideration
the decisions of the Hon’ble Supreme Court with regard to
applicability of the principle of the polluter should pay. Thus
the decision is per incurium. The said submission is
strongly repudiated by Mr. Sibal. According to him there is
no dispute with regard to the principle that polluter should
pay. But then while applying the said principle the
authorities have to assess the damage caused to the
environment and the amount which is required to restore
the damage. Referring to the impugned order, Mr. Sibal
submitted that the Board has neither followed the
mandatory requirements of the Act and Rule in as much as
the provisions of Rule 34 were given a complete go-bye nor
assessed the damages if at all caused, thus the order
suffers from arbitrariness and is not sustainable in law. We
18
find some force in the submission of the Learned Counsel
for the Appellant.
22. It is admitted that a set of samples were collected by
the WBPCB from the plant of the Appellant on 5th October,
2010. The said samples were analyzed and the discharge
effluent was found to be not in conformity with the
prescribed parameters, as would be evident from Annexure-
C-3. WBPCB on the basis of the said analysis report, called
upon the Appellant to show cause and also directed it to
rectify the violations. It appears that Appellant submitted a
reply to the show cause notice, and also assured the
WBPCB that necessary preventive steps shall be taken to
rectify the violations.
23. The WBPCB on 5th October, 2010 once again
collected some samples and got it analyzed. The said
analysis also revealed that the effluents were not in
consonance with the standards fixed by the Board. The
Appellant was once again called upon to show cause.
24. The Appellant, submitted a detailed show cause
enclosing all documents, and intimated the steps taken for
eradicating the violations. Thereafter the officers of the
WBPCB visited the Plant of the Appellant on 29th
December, 2010 and collected samples. The said samples
were duly analyzed and on such analysis, it was found that
19
the discharge effluents satisfied the standard prescribed
and there was no violation.
25. The WBPCB on 2nd May, 2011, issued the impugned
directions relying upon the analysis report of the specimen
which were collected on 6th August, 2010 and 5th October,
2010, and called upon the Appellant to deposit Rs.
5,00,000/0 (five lakhs) towards pollution cost and also
submit a Bank Guarantee to the tune of 5,00,000/- (five
lakhs). The said order is silent about the analysis report of
the specimen collected on December, 2010, though the
same was available with the WBPCB on the date when the
direction was issued i.e. May, 2011.
26. Several contentions of both law and facts were raised
by the Learned Counsel of both the parties. They have also
relied upon number of decisions in support of respective
contentions raised. However, without entering into the
arena of controversy we feel, this Appeal can be disposed
of only on the basis of a factual error. Admittedly the
analysis of samples collected from the Appellant’s plant on
6th August, 2010 and 5th October, 2010 revealed that, the
discharge effluent failed to comply with the standards
prescribed. The WBPCB, on the basis of such reports, on
each occasion had issued notice to the Appellant and not
only called upon it to show cause but also directed them to
take appropriate measures to maintain the standard with
regard to the discharged effluent. The Appellant had not
20
only shown cause but also assured the WBPCB that
necessary steps are being taken to avoid any violation.
Fact remains the WBPCB did not take any coercive action
nor issued any direction to the Appellant at that stage and
remained silent.
27. WBPCB once again carried out inspection on 29th
December, 2010 and collected specimen from the Effluent
Treatment (ET) plant of Appellant. It is not disputed that on
analysis it was found that the discharge effluent satisfied the
standards prescribed by the WBPCB and there was no
violation worth the name. In spite of the fact that the
analysis of discharged effluent collected from the
Appellant’s plant in the month of December, 2010, was
found to be in order after analysis and within the standards
prescribed, the WBPCB for the reasons best known issued
the impugned direction in the month of May, 2011. In other
words when the directions to deposit pollution cost of Rs.
5,00,000/- (five lakhs) and as well to submit a bank
guarantee of Rs. 5,00,000/- (five lakhs) was issued, there
was no material before the WBPCB leading to the
conclusion that the Appellant was violating any of the terms
embodied in the letter of consent or that the discharged
effluent from the Appellant’s ET plant failed to comply with
the standards prescribed.
21
Apart from the aforesaid anomaly, even according to
law, before applying the principle of “polluter should pay”,
an authority has to first ascertain and determine the
damage caused by the polluter and the amount which is
necessary to rectify the damage. Even otherwise the
amount so realized is required to be utilized for the purpose
of restoring the environment and not otherwise. On the
absence of such assessment, it would not be justified to
arbitrarily direct a person to deposit a lump sum amount.
The aforesaid facts and position of law were not kept in
mind while passing the impugned order and as such the
same cannot be sustained in the eye of law.
28. Before parting we feel it proper to express our concern
with regard to presence of heavy metals such as lead (Pb)
and cadmium (Cd.) in the discharged effluent. Presence of
said substances in the effluent would finally contaminate the
environment, and shall cause hazards to human life. It
appears, no steps, howsoever has been taken by the
WBPCB or by the Appellant to trace out the source of such
heavy metals found in the effluent. It is quite possible that
heavy metals / (Pb, Cd etc.) may also be present in the
products. We, therefore, direct the WBPCB as well as the
Appellant to conduct analysis of the water and raw materials
used for the purpose, and not only detect the source but
also take appropriate steps for eradicating the same so as
to avoid any adverse health impacts.
22
29. In view of the discussions made above, we allow the
Appeal and set aside the direction dated 2nd May, 2011
issued by the WBPCB and call upon the said Respondent to
proceed in accordance with law. We also direct the Central
Pollution Control Board, New Delhi / Zonal office at Kolkata,
West Bengal to collect the effluent discharged from the
Appellant’s plant following the paraphernalia laid down
under law, analyze the same in all aspects, particularly with
regard to presence of heavy metals (Pb, Cd etc.) and
prepare a report. It is needless to be said that the expenses
for the said purpose shall be borne by the Appellant
Company. The cost shall be assessed by the CPCB within
two weeks from the date of service/production of certified
copies of this judgment and same shall be deposited by the
Appellant with the CPCB within two weeks, therefrom. The
renewal of the consent to operate the plant would be
dependent on the report of the Central Pollution Control
Board.
A copy of this direction be communicated to CPCB, at
the cost of the Appellant.
Parties to bear their own cost.
Dr. G.K Pandey Justice A.S. Naidu Expert Member Acting Chairperson
Durga Malhotra 19
th March, 2012