Super Enterprises & Anr v. Delhi Pollution Control Committee & Anr

ORDER

22.11.2010 w.P.(o 7780/2010 & CM APPL 20160/2010 w.P.(o 7781/2010 & CM APPL 20161/2010 w.P.(cl 778212010 & cM APPL 2016212010 w.P.(o 7783/2010 & CM APPL 20163/2010 w.P.(c) 778412010 & cM APPL 201,64/2010 w.P.(o 778sl2010 & CM APPL 20165/2010 w.P.(o 778612010 & CM APPL 20166/2010 w .P.(c) 778712010 & cM APPL 20167 /2010 w.P.(o 7788/2010 & CM APPL 20168/2010

¶1These petitions challenge more or less similar closure orders of the Petitioners' units passed by Delhi Pollution Control Committee ('DPCC') under Section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981 ('Air Act').

¶2According to the DPCC these Petitioners who have been carrying on the activity of foundry for a long time are not complying with the pollution control norms. Further these foundry units are under the prohibited category of activities as per the Master Plan for Delhi 202I. Inspections were carried out but, admittedly, none of the Petitioners was served with a copy of the WP (Civit) 7780/2070 & batch respective inspection report on the basis of which the impugled closure order was passed.

¶3In the considered view of this Court, on this short ground, that none of these Petitioners was given a copy of the inspection report, which formed the basis of the impugned direction for closure, the direction for closure cannot be sustained in law and deserves to be set aside. It is ordered accordingly.

¶4The next question that arises is of the consequential order that has to be passed. Keeping in light similar orders passed by this Court on 19th October 20IO in Writ Petition (Civil) No. 6975 of 2010 (White Machines v. DPCC) and 25rh October 2010 in Writ Petition (Civil) No. 710712010 (Anupam Costing and Engineering lVorks v. DPCC), this Court considers it appropriate to direct as under:

(i) the DPCC will treat the impugned orders in each of the cases be treated as a show cause notice issued to each of the Petitioners by the DPCC. (iD It will be open to the DPCC to undertake an inspection of the Petitioners' premises within ten days from today without any prior intimation to the Petitioners. Any further inspection report will be got signed by each of Petitioners and a copy fumished to each of them and an order will thereafter be passed after giving the Petitioners an opportunity of being heard. wP (civil) 7780/2070 & batch //a file for

(iii) In the meanwhile, it will be open to each of Petitioners to objections to the inspection report, handed over to leamed counsel Petitioners in Court today, within one week.

(iv) Any consequential order that may be passed by the DPCC pursuant to the above directions will be communicated to each of Petitioners within ten days after it is passed.

(v) If aggrieved by such order, it will be open to each of the Petitioners to seek such remedies as provided under the Air Act.

¶5It may be recorded at this stage that learned counsel for the Petitioners on instructions stated that none of Petitioners will carry on any activity in their' respective foundries till 31" December 2010 or till they receive the order of the DPCC passed in terms of this order, whichever is earlier.

¶6The writ petitions are disposed of with the above directions. The pending applications are also disposed of. :'

¶7Order be given dasti. S.MURALIDHAR, J NOVEMBER 22,2OTO rk wP (civil) 7780/2070 & botch Page 6 ol 6

'\ $-*IN THE HIGH COURT OF DELHI AT NEW DELHI 70+ w.P.(c) 778012010 & cM APPL 2016012010 SUPER CASTING & ANR ..... Petitioners Through Mr. T.S. Ahuja with Mr, Satish Kutnar, . ..... ResPondents Advocate for R-l w.P.(c) 778u2010 & cM APPL 2016112010 SUPER ENTERPRISES Through Mr. T.S: Ahuja with Mr. Satish Kumar, DEL}{I POLLUTION CONTROL COMMITTEE ..... ResPondents wirh 72+ w.P.(c) 778212010 & cM APPL 2016212010 1\OS. NAV BHARAT CASTING DELIII POLLIJTION CONTROL COMMITTEE wP (civil) 7780/2070 & batch D v Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. 73+ w.P.(c) 7783/2010 & cM APPL 2016312010 ]WS. BHARAT CASTING Through VIr. T.S. Ahuja with Mr. Satish Kumar, I 74+ w.P.(c) 778412010 & cM APPL 201641201,0 i\4/S. SANJAY FOUNDRY 75+ w.P.(c) 778s12010 & cM APPL 2016s12010 i\4/S. ASHA FOUNDRY wP (civi\ 7780/2070 & bqtch VCTSUS Through Mr. Sanjeev Ralli with \zlr. Sandeep Anand, . + w.P.(c) 778612010 & cM APPL 20166/2010 M/S. ADARSH ENTERPRISES 1\&. Anjum Javed with Mr. Ali Afsal, Advocate for R-2 77+ w.P.(c) 7787/2010 & CM APPL 2016712010 IWS. AMRIT FOUNDRY Through VIr. T.S. Ahuja with Mr. Satish Kumar And 78+ w.p.(c) 7788t2010 & cM APPL 20t68t2010 WP (civil) 7780/2070 & batch oh VI/S. ASHA FOLINDRY Through \ift. T.S. Ahuja with Mr. Satish Kumar, CORAM: JUSTICE S. MURALIDHAR