Delhi High Court
Delhi Pollution Control ... vs Vikash Bansal on 22 November, 2018
$~31 & 32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 22.11.2018
+ CRL.L.P. 170/2018 & CRL. M.A. 47823/2018
DELHI POLLUTION CONTROL COMMITTEE .... petitioner
versus
VIKASH BANSAL ..... Respondent
+ CRL.REV.P. 883/2017 & CRL. M.A. 47822/2018
VIKASH BANSAL ..... Petitioner
versus
DELHI POLLUTION CONTROL COMMITTEE
.... Respondent
Advocates who appeared in this case:
For the Petitioners : Mr. Sanjeev Ralli with Mr.Dinesh Jindal, Advs for
petitioner in Crl.L.P.170/2018.
Mr.Shri Singh, Mr.Vikas Mishra, Mr.Shashwat
Tripathi and Ms.Maneka, Advs for petitioner in
Crl.Rev.P.883/2017.
For the Respondent: Mr. Sanjeev Ralli with Mr.Dinesh Jindal, Advs for
respondent in Crl.Rev.P.883/2017.
Mr.Shri Singh, Mr.Vikas Mishra, Mr.Shashwat
Tripathi and Ms.Maneka, Advs for respondent in
Crl.L.P.170/2018.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
22.11.2018
SANJEEV SACHDEVA, J. (ORAL)
1. Both the petitions impugn order dated 21.11.2017.
2. The Delhi Pollution Control Board has filed the appeal against
the impugned order dated 21.11.2017 whereby the Appellate Court
has set aside the conviction of the respondent for the offences under
Section 24(1)(a), 25 and 26 of the Water Pollution and Control Act,
1974.
3. Petitioner - Vikash Bansal has filed Crl.Rev Petition impugning
the order dated 21.11.2017 whereby the Appellate Court has upheld
the order of the Trial Court dated 20.04.2017 upholding the conviction
for violating Section 24(1)(b) of the Water Act.
4. Petitioner was sentenced to undergo three years Simple
Imprisonment by the Trial Court which was further modified by the
Appellate Court and reduced to two years SI besides payment of fine
of Rs.2 lakhs and to pay Rs.2.5 lakhs to the Prime Minister Relief
Fund.
5. Petitioner has undergone incarceration for a period of 9 days.
Parties were referred to mediation. Parties have settle their disputes
before the Delhi High Court Mediation and Conciliation Centre and
Settlement Agreement dated 30.10.2018 has been executed. It is
recorded in the settlement agreement that petitioner Vikash Bansal has
already deposited Rs.2.5 lakhs with the Prime Minister Relief Fund
and has also deposited a sum of Rs.2 lakhs with the Trial Court.
Further he has installed an Effluent Treatment Plant in his premises.
6. The Settlement Agreement inter alia records as under:
a. The First Party will pay a sum of Rs. 7,50,000/-
(Rupees Seven Lacs Fifty Thousand) to DPCC by
way of a demand draft/banker's cheque in favor of
DPCC.
b. The First Party will not seek withdrawal of
Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand
only) deposited by him with the Prime Minister's
Relief Fund vide transaction ID
No.201711211000020 dated 21.11.2017, and shall
be treated as contribution on behalf of the First
Party towards the Prime Minister's Relief Fund.
c. The First Party shall furnish an irrevocable bank
guarantee for a sum of Rs. 5,00,000/- [Rupees Five
Lacs] in the format appended to this Agreement
and annexed as Annexure-A which will kept
valid/alive for a period of three years from the
date issuance of the said bank guarantee. DPCC
shall be at liberty to encash the said bank
guarantee in terms of the conditions mentioned in
the said bank guarantee. Further, upon expiry of
three years from the date of issuance, the said
bank guarantee shall expire and will not be
enforced/encashed by DPCC in any manner
whatsoever.
d. The First Party shall also furnish an undertaking
by way of affidavit in the format appended to this
Agreement as Annexure-B.
e. Party shall plant 100 trees as a step for making
Delhi City more green and environmentally
healthy. These trees shall be planted at the cost of
the First Party on such locations as identified by
the concerned department of Horticulture or
Forests. Govt. of NCT Delhi, as the case may be."
7. In terms of the Settlement Agreement, Sh.Vikash Bansal has
paid a sum of Rs.7.5 lakhs today in Court vide Demand Draft
No.444425 dated 31.10.2018 in favour of Delhi Pollution Control
Committee which has been duly accepted by learned counsel
appearing for DPCC along with the original bank guarantee and an
undertaking by way of affidavit in favour of DPCC.
8. Learned counsel for Mr.Vikash Bansal submits that he has been
directed to plant 100 trees on the locations to be provided by the
Deputy Conservator of Forests, National Capital Territory of Delhi
and he has already moved an application on 15.11.2018 requesting the
DFC to specify the locations where the trees have to be planted.
9. It is directed that DFC shall also indicate the nature of trees and
the size of the trees to be planted.
10. Mr. Vikash Bansal who is present in Court undertakes that he
shall abide by the terms and conditions of the settlement.
11. The undertaking is accepted.
12. In terms of the Settlement Agreement, Sh.Vikash Bansal is to
withdraw a sum of Rs.2 lakhs deposited with the Trial Court.
13. The Trial Court is directed to refund the amount of Rs.2 lakhs
along with the interest accrued, if any thereon, to Mr.Vikash Bansal.
14. In view of the above submission, learned counsel for the parties
pray that the subject prosecution of the petitioner be quashed.
15. In view of the submission, the subject complaint filed by DPCC
and the proceedings emanating therefrom including the impugned
order dated 21.11.2017 of the appellate Court as also the order on
conviction dated 20.04.2017 of the Trial Court are set aside.
Mr.Vikash Bansal is acquitted of all the offences.
16. Petitions are disposed of in the above terms.
17. Order Dasti under the signatures of the Court Master.
NOVEMBER 22, 2018 SANJEEV SACHDEVA, J
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