Bharat Casting & Anr v. Delhi Pollution Control Committee

ORDER

22.tL.2010 w.P.(o 7780/2010 & CM APPL 20160/2010 w.P.(o 778112010 & CM APPL 20161/2010 w.P.(c\ 778212010 & cM APPL20r62t20rti w.P.(o 7783/2010 & CM APPL 20163/2010 w.P.(o 773412010 & CM APPL 20164/2010 w.p.(o 778sl2010 & cM APPL 20165/2010 w.P.(o 778612010 & CM APPL 20166/2010 w.P.rc\ 778712010 & cM APPL20l67l20rti w.P.(o 778312010 & CM APPL 20168/2010

¶1These petitions challenge more or less similar closure orders of the Petitioners ' units passed by Delhi Pollution Cgntrol 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 noruns. Further these foundry units are under the prohibited category of activities as per the Master Plan for Delhi 2021. Inspections were carried out but, admittedly, none of the Petitioners was served with a copy of the a ( wP (civil) 7780/2070 & batch --1 respective inspection report on the basis of which the impugned cl 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 (l{hite Machines v..DPCC) and 25th October 2OI0 in Writ Petition (Civil) No. 7l07l2OIO (Anupam Cttsting and Engineering Works v. DPCC), this Court considers it appropriate to direct as under:

(i) the DPCC will treat the impugled orders in each of the cases be treated as a show cause notice issued to each of the Petitioners by the DPCC.

(ii) It will be open to the DPCC to undertake an inspection of the Petitioners ' premises within ten days from today without any prior intirnation to the Petitioners. Any further inspection report will be got signed by each of Petitioners and a copy furnished to each of them and an order will thereafter be passed after giving the Petitioners an opporlunity of being heard. "a \ --/ osure order f wP (CiviU 7780/2070 & batch !

(iii) In the meanwhile, it will be open to each of Petitioneis to file objections to the inspection report, handed over to learned counsel for 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.

(u) 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 aarry 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. a

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

¶7Order be given dasti. NOVEMBER 22,2010 rk \ -=f _/U u/ S.MURALIDHAR, J wP (civil) 7780/2070 & batch

14. $- *IN THE HIGH COURT OF DELHI AT NEW DELHI + w.P.(c) 7780/2010 & cM APPL 20160t20rti SUPER CASTING & ANR ..... Petitioners Through VIr. T.S. Ahuja with Mr. Satish Kumar, ' Advocate 7I + w.P.(c) 778112010 & cM APPL 2016112010 SUPER ENTERPRISES Through IVIr. T.S. Ahuja with Mr. Satish Kumar, T Through \4r. Sanjeev Ralli with IW. Sandeep Anand, ': w.p.(c) 77tztztirti & cM AppL ztir,zt20tti i\OS. NAV BHARAT CASTING versus WP (Civi\ 7780/2070 & batch 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. \ , t .... Respondents g + w.p.(c) 7783/201.0 & CM APPL 201631201,0 1\{/S. BHARAT CASTING Through NIr. T.S. Ahuja with 1\{r. Satish Kumar, wirh + w.p.(c) 778412010 & cM APPL 2016412010 NOS. SANJAY FOUNDRY Mr. Anjum Javed with \zk. Ali Afsal, Advocate for R-2 75+ w.P.(c) 778s120rti & cM APPL 2016512010 VyS. ASHA FOLINDRY (. wP (Civil) 7780/2070 & batch .\ versus Through Mr. Sanjeev Ralli with l\tk. Sandeep Anand, + w.P.(c) 7786/2010 & CM APPL 20166/2010 IWS. ADARSH ENTERPRISES .. '. Petitioner <l Through Mr. T.S. Ahuja with IW. Satish Kumar, .... Respondents + w.P.(c) 778712010 & cM APPL 2016712010 X4/S. AMRIT FOLTNDRY Through VIr. T.S. Ahuja with Mr. Satish Kumar, And + w.P.(c) 778812010 & cM APPL 2016812010 WP (Civit) 7780/2070 & batch Pogd 3 of 6 (. o \{/S. ASI{A FOLTNDRY Advocate for R-l CORAM: JUSTICE S. MURALIDHAR