Delhi High Court
Gaurav Fans, Darbari Lal Kataria & ... vs Delhi Pollution Control ... on 13 October, 2009
Author: Sanjiv Khanna
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9942/2009, W.P.(C) 9943/2009 & W.P.(C)
9944/2009
% Date of decision : 13th October, 2009
DARBARI LAL KATARIA ..... Petitioner in WPC 9942/2009.
ADARSH CABLE INDUSTRIES ..... Petitioner in WPC 9943/2009
GAURAV FANS & ANR. ..... Petitioner in WPC 9944/2009
Through Mr. Anil Goel and Mr. Ashwani,
Advocates.
versus
DELHI POLLUTION CONTROL COMMITTEE ..... Respondent
Through Mr. Rahul Kumar and Mr. Dinesh,
Advocates.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
1. This common order will dispose of the aforesaid writ petitions.
2. The petitioners herein have impugned order dated 19th June, 2009
passed by the Financial Commissioner dismissing their appeals and
upholding the order passed by Delhi Pollution Control Committee refusing
consent to operate under the provisions of Water (Prevention and Control
of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act,
1981.
3. Learned counsel for the petitioner has drawn my attention to the
letter dated 4th January, 2006 by DDA with reference to Zonal Plan for
Zone G-3 and the letter of MCD, Town Planning Department dated 6th
WPC NOS.9942-44/2009 Page 1
September, 2002 stating that the properties of the petitioners as per the
sketch plan furnished by them form part of the area ear-marked for Light
and Service Industry in the Zonal Plan of Zone-G.
4. In the impugned order passed by the Financial Commissioner,
specific reference has not been made to the aforesaid documents. The
Financial Commissioner, on the other hand, proceeds on the assumption
that petitioners' units are located in an unplanned industrial area of
Basaidara Pur and, therefore, are in a non-conforming area.
5. It is the contention of the petitioners that the activities undertaken
by them fall in category F, Item No. 268 and 297 and are permitted in
terms of Master Plan of Delhi, 2021. It is submitted that as per the
Master Plan of Zone-G, Light and Service Industry are permitted in the
said area and as per the letter of DDA dated 4th January, 2006, the draft
Zonal Development Plan notified by Zone-G under Master Plan of Delhi,
2021 all manufacturing activities under the Light and Service Industry
category are permitted in the said area.
6. The Financial Commissioner, in the impugned order without any
discussion has held that the site under reference falls under Service
Industry as per draft approved for Zone-G and hence and thereafter the
industrial activities undertaken by the petitioners are not permitted.
7. In these circumstances, the impugned order dated 19th June, 2009
is set-aside and the matter is remanded back to the Financial
WPC NOS.9942-44/2009 Page 2
Commissioner for a fresh decision. The Financial Commissioner will take
into account the letters written by the DDA and MCD. In case there is
doubt about the manufacturing activity permitted in the area and the
location of the units of the petitioners, help of DDA and MCD will be
taken to identify and locate the units. In addition, the parties can also
file relevant site plan to show the exact location of the petitioners.
8. The writ petitioners are accordingly disposed of. The parties will
appear before the Financial Commissioner on 4th November, 2009 when
date of hearing will be fixed in the matter. It will also open to the
learned Financial Commissioner to issue notice to DDA/MCD in case he
requires any clarification. No costs.
DASTI.
SANJIV KHANNA, J.
OCTOBER 13, 2009
Ag/P
WPC NOS.9942-44/2009 Page 3
