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Nikhil Agrawal   15 December 2016

Ice factory closed u/s 133 on nuisance of ammonia

Help is required on this urgent matter. My factory was dilberatly closed by the Administration after the leakage of ammonia took place in my brothers factory that is located in different area. Our business is separated from 1996. This is the second time that a leakage incident has taken place in his unit earlier was in 2009. This time ADM with help of police fabricated a false case on for nuisance of ammonia from my factory and with forged witness statements.No technical evidence was taken. Not even Factory & Boilers or Pollution board were involved. Till date no FIR, investigation report or any document for the case is on the records even after 7 months and requests. The interim order u/s 133 was prohibition on use of ammonia or any other poisonious gas for production ice. We went high court and it quashed the order as prohibitry blanket order and asked ADM to listen to the petitioner and issue a fresh order u/s 142 in 10 days. No taking into view to our application he issued a deatiled order u/s 142 repeating the same order. We again went to the high court but our petition was rejected considering the facts as true and thus on the basis of imminent danger the ADM's order was upheld. Till date there is no histroy of any nuisance is present from our factory. Our revision application u/s 397 was also rejected for early hearing. After this we filed the application for dropping of the case as ammonia is safely disposed and are ready to give an affidavit that we will not use ammonia in future in out and have changed our plant on freon gas which is safe and commonly used gas and obtained new licenses for it. ADM rejected the application on the grounds that police in its prayer has asked for the shifting of the ice factory and it can only be decided after trial. whereas the prayer was linked on the use of ammonia bit the ADM has broken the prayer in 2 different parts so as to prevent us from running our factory.

Now what to do



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 4 Replies

Kumar Doab (FIN)     15 December 2016

It is Complicated matter.

As per your post: The incidence did not happen in your factory.The witnessesd are forged.

The use of ammonia if barred by the applicable rules, id the only ground for authority.

As per your post: YOu are willing tosubmit affidavit toward it.

 

Approach a very able counsel/law firm specialiing in such matters, and agitate.

 

 

 

Kumar Doab (FIN)     15 December 2016

Has your brother's factory been closed.

Sudhir Kumar, Advocate (Advocate)     17 December 2016

By now you  might be having papers worth 15-20 Kg and you will never be able to explain the problem fully.

 

please follow advise of Mr Kumar Doab. 

 

When already there is gas leakage from "X" factory (forget how he is related to you) you being owner of "Y" factory sould never expect any sympathy from courts.  ADM is justified in acting on the premtive action.

Kumar Doab (FIN)     17 December 2016

Approach a very able counsel/law firm specialiing in such matters, and agitate.


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