Delhi High Court
M/S. Shri Balaji Wash vs Delhi Pollution Control ... on 3 July, 2020
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 03.07.2020
+ W.P.(C) 3919/2020 & CM No.14014/2020
M/S. SHRI BALAJI WASH ..... Petitioner
Through: Ms.Anjali J. Manish &
Mr.Priyadarshi Manish, Advs.
versus
DELHI POLLUTION CONTROL COMMITTEE & ANR.
..... Respondents
Through: Ms.Asiya Khan, Adv. for R-1.
Ms.Anya Singh, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (Oral)
1. This hearing has been held through video conferencing.
2. This petition has been filed by the petitioner challenging two
orders, both dated 23.08.2019, passed by the respondent no. 2 and the
order dated 17.09.2019 passed by the respondent no. 1.
3. By the Impugned Orders dated 23.08.2019 passed by the
respondent no. 2, three borewells found at the premises of the
petitioner were sealed; the petitioner was directed to deposit Rs.
50,000/-; the electricity supply to the premises was directed to be
disconnected; and the property was directed to be sealed.
W.P.(C) 3919/2020 Page 1
4. By the Impugned Order dated 17.09.2019 passed by the
respondent no. 1, the property was directed to be sealed, while
imposing Environmental Compensation of Rs. 47 Lacs on the
petitioner. A direction was also issued to the DSIIDC to disconnect the
water supply connection; to the MCD to cancel the permission/license
for the operation from the said premises; and to the TPDDL to
disconnect the power supply of the petitioner.
5. It is the case of the petitioner that these Impugned Orders have
been passed without issuing a Show Cause Notice to the petitioner or
granting any opportunity of hearing to the petitioner.
6. The above submission is not disputed by the learned counsel for
the respondent no. 1, however, she submits that post issuance of the
order dated 17.09.2019, the respondent no. 1 has issued a Show Cause
Notice dated 11.06.2020 to the petitioner, however, reply is awaited.
The learned counsel for the petitioner, on the other hand, submits that
the petitioner has not received any Show Cause Notice.
7. Be that as it may, as far as the respondent no. 1 is concerned,
the respondent no. 1 is directed to supply a copy of the Show Cause
Notice to the petitioner, through its counsel as well, by way of an e-
mail within two days. The petitioner shall submit its reply to the show
cause raising all contentions available to the petitioner. The
respondent no. 1 shall decide on the show cause and supply a copy of
its decision to the petitioner within a period of four weeks from the
receipt of the reply. The respondent no. 1 shall also provide an
opportunity of personal hearing to the petitioner before taking a
W.P.(C) 3919/2020 Page 2
decision on this Show Cause Notice. Needless to state, if the petitioner
is aggrieved of such order, it shall always be open to the petitioner to
challenge the same in accordance with law. The Impugned Demand
for Environmental Compensation shall not be enforced by the
respondent no. 1 till such adjudication on the Show Cause Notice and
for a period of two weeks thereafter. As far as the sealing of the
property; disconnection of the electricity and water supply, etc. is
concerned, the petitioner may make a representation to the respondent
no. 1 for certain interim relief during the process of consideration of
the Show Cause Notice, which shall also be considered by the
respondent no. 1.
8. As far as the Impugned Orders issued by the respondent no. 2
are concerned, they again do not disclose any Show Cause Notice or
opportunity of hearing being granted to the petitioner before passing
of such orders. Keeping in view the said fact, the above directions
insofar as issuance of Show Cause Notice and consideration of the
reply from the petitioner, as also passing of the speaking order
thereon, shall apply to the respondent no. 2 as well. Similarly, the
petitioner shall be at liberty to apply to the respondent no. 2 for
seeking interim relief during the pendency of the consideration of the
Show Cause Notice.
9. The petition is disposed of with the above directions.
NAVIN CHAWLA, J
JULY 03, 2020/rv
W.P.(C) 3919/2020 Page 3
