Ramji
Patel & Ors Vs. Nagrik Upbhokta Marg Darshak Manch & Ors [2000] INSC 71
(17 February 2000)
Y.K.Sabharwal,
R.C.Lahoti, S.S.Ahmad
S.SAGHIR
AHMAD, J.
The
Madhya Pradesh High Court, in a Public Interest Litigation, instituted under
Article 226 of the Constitution, has directed, by the impugned judgment dated
16.12.1996, that the dairies, located on the outskirts of the Jabalpur City, be
shifted from their present location to the alternative sites. This judgment was
passed in the Writ Petition in which the following reliefs were claimed:-
"(a) to direct the respondents to take appropriate, effective and
immediate steps to remove the Cow/Buffalow dung and urine from the pipe line of
water filteration plant at Lalpur, Gwarighat.
(b)
direct the respondents to ensure that in future also no storage of Cow/Buffalow
dung and urine of animals may be done on the water supply pipe line of Lalpur, Gwarighat
as stated in the body of the petition; (c) direct the respondents to take
appropriate steps against the persons who have stored these hazardous materials
on the water supply pipe lines; (d) Any other order/orders, writ/writs or
direction/directions that this Hon'ble Court may deem fit and proper, may also
kindly be given." The principal ground on which the petition was founded
was that the main water pipelines, which supplied water, after its filtration
at Lalpur Filtration Plant, to the Jabalpur City, passed through the place
where a number of dairy-owners, had started storing the cow/buffalow dung and
waste of the dairy products, and that too, near the pipelines which was likely
to contaminate the pure water supplied to the residents of the City for home
consumption. On this aspect, the High Court recorded the following findings:-
"We called the Public Health Engineering persons and the Corporation
Authorities. The Corporation Authorities informed us that proceedings under
Sec. 133 of the Code of Criminal Procedure were taken against these persons and
against Shri Manohar Singh Marwaha. Against Marwaha dairy, final order has been
passed which is also the subject of revision before the Sessions Judge, Jabalpur in which interim order has been
passed by the Sessions Judge restraining the M.P.
Electricity
Board from disconnection of their power supply.
We
also sought reports from the Public Health Engineering Department, Revenue
Authorities and Corporation Authorities and after considering the matter, we
find that keeping all these dairies around these water supply lines is a great
hazard to the lives of the people of Jabalpur, because most of them get water
from these pipelines on which cow/buffalow dungs are being stored by the dairy
owners as a result of which there is every likelihood of pollution in the town
by the supply of polluted water." The High Court, thereafter, considered
the question of rehabilitating the dairy-owners at some other place and passed
the following order on a consideration of the case of each dairy-owner
individually:
"5.
We, therefore, explored the possibility of rehabilitating these dairy owners
from the present location so that cow\buffalow dungs may not pollute the water
supply lines. We have been informed that so far as dairy owner Ramji Patil is
concerned, his present dairy is situated on Khasra No. 15/3 at Gwarighat. He
has 107 cattle heads. He has other lands in village Lalpur, i.e. Settlement No.
641,
bearing Kh. Nos. 134, 154/2, 135 and 136/3. It is, therefore, directed that
since Ramji Patel has a site available on the lands bearing the aforesaid Khasra
numbers, he should shift his dairy from the present site to any of the above
mentioned sites of Kh. No. 15/3 at Gwarighat within two months from today. 6. Shiv
Kumar Patel has got his dairy at Gwarighat on Khasra No. 15/2. He has 18 cattle
heads. He has also a land in Khasra Nos. 4 and 5/2 at Gwarighat which site is
sufficiently away from the present site. He is also directed to remove his
dairy to any of the above mentioned places from the present one within two
months from today. 7. Hariram Rajak has his dairy at Gwarighat. He does not have
any land of his own.
He has
30 cattle heads. He does not have any alternative land. Therefore, we asked the
S.D.M. Jabalpur that he may be provided a site for his dairy. He has pointed
out that there is a land available at village Tilhari, bearing Kh.
No.
200/1 of Patwari Circle No. 23/27, measuring about 30.106 hectares. We asked
the Public Health Engineering Department authorities also to go and find out
whether there is water available in that area or not. Shri A.K. Tiwari, Chief
Engineer, Public Health Engineering Department Jabalpur and his Executive
Engineer both have inspected the area and also conducted hydrological tests.
According to their report, there is plenty of water in that area.
Therefore,
there will be no difficulty so far as supply of water to this dairy is
concerned. It is directed that Hariram Rajak shall make a proper application
before the Nazul Officer, Jabalpur and
the Collector, Jabalpur shall forward the same to the State
Government for allotting 0.50 hectares of land to him for running his dairy.
The State Government is directed that 0.50 hectares of land shall be allotted
to Hariram Rajak on usual charges within a month from today. The Public Health
Engineering Department shall dig a tubewell for him at that place at the cost
of the State Exechequer within another period of one month.
Hariram
Rajak shall be removed from the present place within a period of two months to
the newly allotted site. All this exercise should be done by the State
Government and the Public Health Engineering Department within a period of two
months from today. It will be the responsibility of the Corporation to see that
the dairy of Hariram Rajak is removed within two months from today and all
formalities shall also be completed by the State Government within this period.
8. Another dairy owner is Shri Manohar Singh Marwaha. He shall also be allotted
land at Tilhari. He has his dairy on 0.148 hectares of land at Gwarighat. He
has 150 cattle heads. He shall be allotted land at Tilhari out of Kh. No.
200/1, Patwari Circle No. 23/27, measuring 30.10 hectares. Out of this Khasra,
he will be given 0.50 hectares of land on usual charges. He shall make an
application before the Nazul Officer, Jabalpur and the Collector shall forward his application to the State Government.
The State Government is directed to allot this piece of land to Shri Manohar
Singh Marwaha. The Public Health Engineering Department shall also dig a tubewell
on this land at the cost of the State. All this exercise should be done within
a period of two months from today. It will be responsibility of the State
Government and the Public Health Engineering Authorities that all these
facilities are made available to the aforesaid dairy owners.
It
will also be the responsibility of the Jabalpur Corporation to remove all the
aforesaid dairies within two months from today to the locations mentioned
above." On the Special Leave Petitions being filed in this Court, the
following order was passed on 3.2.1997: "I.A. is allowed.
Permission
to file S.L.P. is granted in both the matters.
Issue
notice on Special Leave Petitions as well as on stay application returnable on
3.3.1997. Dasti service in addition. Notice may also be issued to the
Divisional Manager, Railway, Jabalpur. The
learned counsel for the petitioners state that the petitioners would not allow cowdung
or urine to accumulate within 20 feet of the pipe line in question on both
sides. There shall be interim stay of the impugned direction regarding shifting
of the dairies of the petitioners for 6 weeks." On 5.9.1997, a Bench
comprising Hon. S.C.Agrawal and G.T. Nanavati, JJ., passed the following order
: "The learned counsel appearing for the Jabalpur Municipal Corporation
and the State of Madhya Pradesh prays for eight weeks` time to file an
additional affidavit indicating the response of the authorities to the proposal
of the petitioners to construct a wall around their dairies so as to prevent
the cow-dung spreading near the pipe line. They will also show the plan of the
pipe line as it passes from near the dairies of the petitioners. Time prayed
for is allowed. Put up after eight weeks." The following order was passed
by the same Bench on 7.11.1997:
"One
of the questions that arises in these petitions is whether the cowdung and
urine from the cattle maintained by the petitioners in their dairy farms can be
dealt with so as to prevent contamination of the water being carried through
the pipeline as well as the soil surrounding the pipeline.
Since
there is no material on record on this aspect, we consider it appropriate to
direct the Central Water Pollution Control Board to depute a specialist who
may, after inspecting the site, suggest measures which can be taken for
treatment of cowdung and the urine of the cattle to prevent it from flowing
above the pipeline and exclude the possibility of contamination of the water
passing through the pipeline. The Central Water Pollution Control Board shall
submit the said report within a period of two months. The petitioners will
jointly pay the charges for such inspection and the report. A copy of this
order may be sent to the Secretary, Central Water Pollution Control
Board." On 16.1.1998, a notice was directed to be issued to the State
Pollution Control Board. Thereafter, on 20.2.1998, the following order was passed
: "Notice on Central Pollution Control Board has been served but nobody
enters appearance on behalf of Central Pollution Control Board and, therefore,
we do not know as to what steps have been taken by the Central Pollution
Control Board in pursuance of the directions contained in our order dated November 7, 1997. Put up on March 27, 1998. In the meanwhile a communication be
sent to the Secretary, Central Pollution Control Board to be personally present
before this Court on March
27, 1998." The
order passed by this Court on 27.3.1998 is as follows : "An affidavit of
Dr. S.P.
Chakrabarti,
Member- Secretary, Central Pollution Control Board, has been filed in response
to the directions given by this Court in the Order dated November 7, 1997. In the said affidavit measures
have been suggested for treatment of cowdung and the urine of the cattle and
other waste water from the dairies so as to exclude the possibility of
contamination of the water flowing through the pipeline. An affidavit has also
been filed by Dr.S.N. Nema, Zonal Officer, M.P. Pollution Control Board
agreeing with the said affidavit of Shri Chakrabarty. In these circumstances,
the Central Pollution Control Board is directed to prepare a project report in
respect of the measures which are required to be taken as per the affidavit of Shri
Chakrabarty. The petitioners will bear the cost of the preparation of the said
project report. The learned counsel for the Central Pollution Control Board
prays for four weeks time to submit the project report. Put up in the 1st week
of May, 1998." On 31.8.1998, Shri Vijay Panjwani, learned counsel
appearing on behalf of the Central Pollution Control Board stated that the
Project Report would be submitted within two weeks. On the submission of the
Project Report of the Central Pollution Control Board, it was stated by learned
counsel appearing on behalf of the petitioners that the recommendations made by
the Central Pollution Control Board and the measures suggested by them would be
implemented and carried out. The Court, therefore, passed the following order
on 6.10.1998 : "It has been stated by the learned counsel for the parties
that the recommendations made by the Central Pollution Control Board and the
measures suggested shall be implemented and carried out. The cost amounting to
Rs.93,000/- incurred by the CPCB shall be paid to the CPCB by the Marwah Dairy,
Ramji Dairy, Hariram Rajak and Shivprasad Patel in equal shares within 6 weeks.
List after 3 months." When the matter was taken up on 8.1.1999, the Court
passed the following order : "The cost of Rs.93,000/- (Rupees Ninety three
thousand) has been deposited with the Central Pollution Control Board. In the
affidavit dated 3rd January, 1999 of Sri Ramji Patel filed on behalf of the
petitioners, it has been stated that they have entered into an agreement with
the Sunraj Construction Company for the construction of the bio-gas plant of 45
cubic meter capacity and that the Executive Engineer of Madhya Pradesh Urja Vikas
Nigam Ltd. has also been informed. The petitioner has also applied for the
subsidy for the construction of the bio-gas plant. The Madhya Pradesh Urja Vikas
Nigam Ltd. shall monitor the construction of the bio-gas plant on the spot and
submit a report to this Court after 2 months. The other recommendations of the
Central Pollution Control Board contained in its report dated 27th March, 1998 shall also be complied with by the
petitioners. List after 2 months." Thereafter, time for completing the
work for the construction of Bio Gas Plant etc. was extended from time to time
and the Union of India, through the Ministry of Agriculture, was also directed
to release the subsidy amount of Rs.64,000/- for the Bio Gas Plant, to the
petitioners.
In the
meantime, an affidavit of Dr. M.R. Tiwari, Health Officer, Municipal
Corporation, Jabalpur, dated 25.3.1998, was filed in
which it was, inter alia, stated as under :
"4.
That a meeting was held on 21/10/97 and following decision has been taken :
`This is determined by full majority that to keep environment of the city neat
and clean due to earthquake and from the point of view of pollution all dairies
within the Municipal Corporation limits must be removed from the city limits
upto end of Nov., 1997.
Simultaneously
dairies which are running in Lalpur nearby Public Health Engineering Pipe Line
should also be removed because some complaints regarding the pollution in
drinking water pipe line are received. This action is very necessary from the
health point of view of the citizens.' A copy of Resolution dated 21/10/97 is marked as Annexure R-4-1." 5.
That
as per the resolution of Standing Committee, Municipal Corporation, Jabalpur some of the dairies has been
removed and the proceeding of removal of dairies is still under process."
The proceedings of the meeting of the Municipal Corporation which adopted a
Resolution on 21.10.1997, was also annexed which indicated that the Municipal
Corporation had adopted a Resolution that all dairies within the Municipal
limits must be removed from the city of Jabalpur by the end of November, 1997.
It was also resolved that dairies at Lalpur near the Public Health Engineering
Pipeline should also be removed because a number of complaints regarding
pollution caused in the drinking water pipeline were received. It may be stated
that Madhya Pradesh Cattle (Control) Act, 1978 was enforced within the
Municipal limits of Jabalpur with effect from 27th January, 1978, and in the
Notification issued by the Commissioner, Municipal Corporation, Jabalpur, on
September 24, 1979, it was stated that the cattle could not be kept within the
limits of Jabalpur Municipal Corporation, except in the villages which were
specified in the list set out in the Notification. This list included Gwarighat
and Lalpur villages also but in pursuance of the Resolution adopted by the
Municipal Corporation on 21.10.1997, both the villages, namely, Gwarighat and Lalpur,
were taken out of the list of "excepted villages" vide Notification
published in the Govt.
Gazette
on 19.3.1999. In view of the above Notification, by which the villages of Gwarighat
and Lalpur were excluded from the "excepted villages", where cattle
could be kept, it is contended by Mr. Anoop G. Choudhary, learned Senior
Counsel appearing on behalf of the State of Madhya Pradesh, that the
petitioners have to shift outside the Municipal limits of Jabalpur city, if
they, at all, intend to keep their dairies, but the dairies, particularly at
the spot at which they have established their business cannot be permitted to
be run or maintained, not only for the reason that both the villages, namely, Gwarighat
and Lalpur fall within the limits of Municipal Corporation and have, in the
meantime, become densely populated, but also for the reason that keeping of
cattle in the close proximity of the main pipeline which supplies drinking
water from Lalpur Filtration Plant to the city of Jabalpur, would be hazardous
to the health of the people on account of the possibility of the water carried
through that pipeline being contaminated by the Gobar (cowdung) as also the
urine of the hundreds of cattle kept there by the petitioners. This is also the
stand of the Municipal Corporation, Jabalpur, on whose behalf Mr. Ranjan Mukherjee,
learned counsel made submissions, that in the face of the exercise of statutory
power by the Municipal Corporation, Jabalpur, by which the establishment of
dairies or the keeping of cattle within the limits of Municipal Corporation,
has been totally prohibited, the petitioners cannot contend that they are still
entitled to retain their dairies at the disputed sites. Dr. Rajeev Dhawan,
learned Senior Counsel appearing on behalf of the petitioners has, on the other
hand, contended that the Resolution dated 31.10.1997, which was adopted by
Municipal Corporation, Jabalpur, was a colourable exercise of power, inasmuch
as the exclusion of Gwarighat and Lalpur from the "excepted villages"
as detailed in the Notification issued in 1978, has been done only during the pendency
of the present petitions in this Court in which an interim order was also
granted that the judgment of the High Court would not be implemented. It is
contended that the proceedings in this regard cannot be rendered nugatory by
adopting the Resolution that the dairies could not be run in Gwarighat and Lalpur
villages. It is contended that since the Resolution was adopted only to harm
the interests of the petitioners whose rights were under adjudication by this
Court in the present proceedings, the same is liable to be quashed and cannot
be given effect to. It is also contended that the list of "excepted
villages" set out in the Notification of 1978 contained many villages, but
the Resolution was adopted only in respect of Gwarighat and Lalpur villages
where the present petitioners are running their dairies. No reason, it is
contended, has been shown by the Municipal Corporation why dairies are still
permitted to be run in other villages, although those other villages also fall
within the Municipal limits of Jabalpur. It
appears that there has been previous litigation between the parties with regard
to the running of dairies which, at that time, were being run by the
petitioners within the Municipal limits of Jabalpur. In 1971, a writ petition for the shifting of dairies was filed in the
Madhya Pradesh High Court which by its judgment dated 6.2.1976 framed a scheme
directing the Corporation to reserve three plots outside the Municipal limits
of Jabalpur where the dairy-owners would shift
their dairies. On account of the dispute having arisen between the Municipal
Corporation, Jabalpur and the dairy-owners with regard to
the developemnt charges which the dairy-owners were required to pay, another
writ petition was filed in the Madhya Pradesh High Court by about 89
dairy-owners. Since a choice was given to the dairy-owners to make their own arrangment
for establishing and running their dairies outside the Municipal limits of Jabalpur, the writ petition was dismissed by
the High Court on 2.1.1976.
It
was, thereafter that the dairy-owners purchased plots of land outside the
Municipal limits and established their dairies. The plots of land were
purchased by the petitioners in villages Lalpur and Gwarighat in 1982 and they
shifted their dairies to those villages which had already been excepted from
the operation of the Madhya Pradesh Cattle (Control) Act, 1978. The petitioners
have set out in the present petitions that one Shri K.K.
Nayakar,
a Mimicry Artist of repute, purchased a plot of land and constructed a house at
Gwarighat which was at a distance of about 500 meters from the dairy of one of
the petitioners and as Shri Nayakar did not like the presence of dairies near
his house, he filed a complaint under Section 133 of the Code of Criminal
Procedure before the Sub-Divisional Magistrate, Jabalpur, for the removal of
nuisance created by the petitioners. While the proceedings were pending before
the Sub-Divisional Magistrate under Section 133 of the Code of Criminal
Procedure, a writ petition was filed in the Madhya Pradesh High Court which
ultimately resulted in the judgment which is being impugned before us. From the
facts set out above, it will be seen that when the Special Leave Petitions were
filed in this Court, the villages Lalpur and Gwarighat were in the list of
"excepted villages" where dairies could be established and run and
cattle could be kept. Since it was stated in the writ petition that the main
water pipeline from the Filtration Plant at Lalpur passed nearby the dairies
set up by the petitioners on account of which the drinking water was likely to
be contaminated by the Gobar (cowdung) and urine of hundreds of cattle kept
there, this Court, while entertaining the Special Leave Petitions, considered
the possibility of a project being devised so as to prevent altogether the
possibility of pollution/contamination of water carried through pipelines already
embedded about four feet below the surface of the earth. It was for this reason
that this Court by its order dated 7.11.1997 directed the Central Pollution
Control Board to consider this matter and to report whether the likelihood of
pollution to the drinking water carried by the pipeline in question could be
ruled out by any device suggested by it. On the submission of the Report of the
Central Pollution Control Board, which was also supported by the State
Pollution Control Board, the Court directed a project to be prepared for that
purpose.
On the
submission of the Project Report, since it was given out by the petitioners
that they would implement the project and carry out all other recommendations
made by the Central Pollution Control Board, the Court directed the petitioners
to implement the project which included, inter alia, the setting up of a Gobar
Gas (Bio Gas) Plant. The petitioners, apart from making a payment of Rs.93,000/-
to the Central Pollution Control Board towards its Inspection Fee etc., also
took up the construction of a Gobar Gas Plant and entered into an agreement for
purchase of certain additional land as suggested by the Central Pollution
Control Board.
Time
to complete the construction of the Gobar Gas Plant was extended from time to
time by this Court and ultimately an affidavit was filed on behalf of the
petitioners that the Gobar Gas Plant has been constructed and established. The
construction was carried out under the supervision of the Madhya Pradesh Urja Vikas
Nigam as directed by this Court and Madhya Pradesh Urja Vikas Nigam also
submitted its progress report. An affidavit to the effect that the Gobar Gas
Plant had become functional was also filed before the Court. The cost of
construction of the Gobar Gas Plant which was incurred by the petitioners is
more than Rs. 5 lakhs. While these proceedings were pending in this Court, the
Municipal Corporation adopted a Resolution to exclude from the list of
"excepted villages" the two villages where the dairies in question
are situate, namely, Lalpur and Gwarighat, so that the dairies may be shifted
from these two villages and established elsewhere outside the limits of
Municipal Corporation, Jabalpur. An affidavit to this effect was, for the first
time, filed on behalf of the Municipal Corporation, Jabalpur, in March 1998. But the
Notification issued on the basis of that Resolution was still not filed before
the Court and this has been placed before the Court during the course of the
arguments. While it is contended on behalf of the petitioners that the
Resolution adopted by the Municipal Corporation, Jabalpur, and the consequent
Gazette Notification issued on its basis were liable to be quashed on account
of the abuse of power, or to put it differently, on account of colourable
exercise of power, it is maintained on behalf of the State Govt. as also the
Municipal Corporation, Jabalpur, that the Resolution was adopted in the
interest of public health and could not be said to be a colourable exercise of
power merely because the proceedings were pending in this Court.
Supply
of pure drinking water is the statutory duty of the Municipal Corporation and
the supply of such water has to be ensured to every citizen. In a situation,
where the interest of the community is involved, the individual interest must
yield to the interest of the community or the general public. Since the Cattle
(Control) Act, 1978 is already in force within the Municipal limits of Jabalpur
city, the dairies cannot be established and cattle cannot be kept so as to
cause public nuisance in contravention of the statutory provisions. But the
Court cannot also overlook the fact that the petitioners, who had already been
uprooted from one place, and that too, at the dictate of the judiciary, had
established dairies at a place at which such activity was not prohibited. In
the list of villages appended to the Notification issued under the Cattle
(Control) Act, 1978, Lalpur and Gwarighat were the villages, besides other
villages, where such activity could be legally carried on. These villages were
taken out of that list during the pendency of the present proceedings by virtue
of a Resolution adopted by the Municipal Corporation on 21.10.1997. The
petitioners have already invested huge sums in setting up a Gobar Gas Plant at
an expense of more than Rupees Five lakhs and have also incurred an expense of
Rs.93,000/- towards Inspection Fee of the Central Pollution Control Board in
pursuance of the order passed by this Court. The validity of the Resolution
dated 21.10.1997 as reflected in the Gazette Notification dated 19.3.1999
cannot be legally adjudicated upon in these proceedings on the oral submissions
made by Dr. Rajeev Dhawan, learned Senior Counsel, who also pointed out that
although the Resolution was adopted only in respect of Lalpur village, the
Notification published in the Gazette mentions Gwarighat village also. If the
Notification is intended to be challenged by the petitioners, they have to
initiate appropriate proceedings in which they have to set out the foundation
for such challenge so that the State Govt. or, for that matter, the Municipal
Corporation may have adequate opportunity of submitting their reply, particulary
as they have also to explain why only these two villages were taken out of the
list of "excepted villages" set out in the Notification of 1978 and
why the activity of establishing dairies in other villages was not prohibited,
although those other villages were also within the Municipal limits of Jabalpur
city. Having regard to the facts and circumstances of this case, we dispose of
these Special Leave Petitions by providing as under. (a) In view of the
Notification published in the Govt. Gazette on 19.3.1999., milk dairies and the
keeping of cattle at the place in question, or for that matter, in villages Lalpur
and Gwarighat, cannot be permitted to continue nor can anyone be permitted to
establish it in those villages specially in the proximity of the main pipeline
through which drinking water is supplied to the city of Jabalpur. (b) Whether
the Notification published in the Govt. Gazette dated 19.3.1999 is valid or not
cannot be decided in the present proceedings as there are no pleadings in that
regard. It will be open to the petitioners to challenge the Notification by
instituting appropriate proceedings questioning its validity on all the grounds
which have been orally urged before us, including the ground that the
Notification reflected a colourable exercise of power in the hands of the
Municipal Corporation, or that it intended to interfere with the proceedings
pending in this Court, but such proceedings shall have to be instituted by the
petitioners within three months from the date of this judgment. The interim
orders passed by this Court in these petitions shall continue for another
period of three months and two weeks thereafter, to enable the petitioners to
approach the High Court and make appropriate application for interim relief.
(c) Since the Notification dated 19.3.1999 was issued by the Municipal
Corporation during the pendency of these proceedings at a stage when this Court
had already allowed the petitioner to set up the Bio Gas Plant and the
petitioner in SLP(C) No.2927/97 has incurred an expenditure of Rs.5,86,000/-,
the Municipal Corporation, Jabalpur, shall, after deducting the amount of subsidy
as may have already been paid by the Government, pay that amount to the
petitioner in the Special Leave Petition (C) No. 2927 of 1997 at the time of
their shifting to the new locations pursuant to the Notification dated
19.3.1999 and in the event of their challenge to the said Notification being
turned down by the High Court. He and petitioner No.1 in Special Leave Petition
(C) No. 2926 of 1997 will also be entitled to all the benefits indicated by the
High Court in the impugned judgment while dealing with the individual cases of
the petitioners. (d) The petitioners, namely, Mr.
Shiv
Kumar Patel and Hari Ram Rajak in S.L.P.(C) No.
2926/97
have indicated their willingness to shift to new locations in terms of the
judgment passed by the High Court.
Consequently,
the Special Leave Petition on their behalf shall be treated to have been
dismissed as not pressed.
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