Delhi HC sets aside DPCC order levying EC on industrial units for violating norms

Delhi High Court has set aside two orders of Delhi Pollution Control Committee levying Environmental Compensation (EC) of Rs 42.6 lakh and Rs 12.4 lakh on two industrial units respectively for operating without valid consent to establish from it. Justice Navin Chawla asked DPCC to consider contents of two petitions as a representation against levying of EC and take a decision after reviewing pleas.

Delhi HC sets aside DPCC order 

"In view of submissions, impugned order, in so far as it levies EC of Rs 42.6 lakh on petitioner, is set aside. respondent . 2 (DPCC) shall consider contents of present petition as a representation to it against levy of EC and decide same after granting an opportunity of hearing to petitioner and pass a speaking order reon," court said.

high court said if DPCC order would be verse to petitioner, it should t be implemented for two weeks to enable him to avail his legal remedy against it. It also passed a similar order in or petition.

'Orders passed without show cause tice'

vocates Amit Chha and Rituparn Unniyal, representing both petitioners, said orders were passed by DPCC without issuance of any show-cause tice or an opportunity of hearing to m. y sought quashing of orders passed by DPCC under provisions of Air Act and Water Act.

petitioners also sought direction to authorities to de-seal ir premises hand over its possession to m. plea filed by Ajay Kumar Pandey, who was running a factory of jeans dyeing and washing, challenged August 29 order of DPCC directing closure of unit and levying EC of Rs 42.6 lakh on him.

He was running business of washing reyme garments at premises. or petition was filed by Guru Kripa challenging August 29 order of DPCC directing closure of petitioner's unit and levying EC of Rs 12.4 lakh on him.

Both tenanted premises are located at DSIIDC Bawana Industrial Complex here. In August, DPCC team carried out inspections at petitioners' tenanted premises, which were shut down on that day, and authorities passed order in ir absence in an arbitrary and unjust manner, directing closure of units and imposition of EC. DPCC h directed that amount be deposited with authorities within 10 days of issuance of directions.

pleas alleged that sample was eir collected or taken by DPCC from ir factories for ascertaining any environmental dam. It said premises was sealed by SDM concerned in October allegedly without following due process of law and violating principles of natural justice.

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