The Punjab and Haryana High Court Thursday issued a notice to the Chandigarh Municipal Corporation while hearing an application which sought initiation of perjury proceedings under Section 340 of the CrPC against the civic body for intentionally concealing material facts and misleading the court in a matter concerning Dadu Majra garbage dump. The application has been filed by petitioner in the case Amit Sharma before the Division Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli, stating that such information was furnished with “the intention to deceive the court and lead to the formation of an erroneous opinion on crucial matters pertaining to proceedings, which impact over 50,000 citizens in Dadu Majra”. Sharma, who is appearing in person before the HC, has submitted that “it is common knowledge that more than 50,000 individuals of Dadu Majra are living in deplorable conditions that are unfit even for animals. These conditions have arisen due to the mismanagement and wilful violation of Solid Waste Management Rules and other relevant environmental laws”. The petitioner said that in the previous proceedings, the HC had directed the Municipal Corporation to submit action taken reports (ATR) demonstrating the measures taken to address the issue and alleviate the suffering of the affected individuals. “The Respondent (Municipal Corporation) has repeatedly filed Action Taken Reports on affidavit containing inaccurate figures in the annexures and misleading statements," read the application. Sharma said that despite previous instances of misleading filings and objections raised, the MC has once again submitted an affidavit containing misleading statements. It has further contended that it is clear that the MC throughout the judicial proceedings has knowingly and intentionally continued to file false information in the affidavit and verification clause and this act is being done by the respondent with the intention to deceive the HC and lead the Bench to form an incorrect opinion on matters crucial to the outcome of the proceedings. Stating that MC has deliberately concealed crucial facts and information from the HC despite having both actual and constructive knowledge of them, Sharma submitted that the MC in an affidavit had claimed they had built a 1,200-metre-long and 4.5-meter high wall around the dumping ground to give an aesthetic look and to control leachate. It also said a leachate treatment plant was operational, but concealed that the recently constructed boundary wall dividing the residential area and the garbage dump had collapsed. Besides this, leachate flow continued uninterrupted throughout the entire area despite the plant’s presence. Sharma added that the officers concerned, in their assurance to this HC since 2016, had promised a solution on an extended deadline for clearing the legacy garbage. However, this extended deadline, which went beyond the legally allowed limit, was finally set until March 2023 by the worthy commissioner’s own statement. Unfortunately, despite these promises, the area remains uncleared, with the existing mountain of garbage still intact, and an additional mountain growing rapidly. Sharma contended that the MC had, in fact, repeatedly filed action taken reports on affidavit containing inaccurate figures. The status report submitted on December 2, 2022, presented incorrect numbers regarding the total waste processed. Another status report submitted on September 30, 2022, presented conflicting details regarding the number of compost pits, as compared to the information provided to the National Green Tribunal and the court.
