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High Court of DelhiW.P.(C)/232/2020

M/S Star Wood Wool Industries. v. Government Of N.C.T. Of Delhi And ORS.

2020-01-10Hon'Ble Mr. Justice Navin Chawla2 pages

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 232/2020 M/S STAR WOOD WOOL INDUSTRIES.

..... Petitioner Through: Mr.Sanjay Kumar, Mr.Ravi Mahajan, Mr.Pulkit Choudhary, Advs.

versus GOVERNMENT OF N.C.T. OF DELHI AND ORS. ..... Respondents Through: Mr.Sanjay Dewan, Ms.Nishima Arora, Ms.Shivani, Advs. for R-1 and 3.

Mr.B.Mahapatra, Adv. for DPCC.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 10.01.2020 CM 737/2020 Exemption allowed, subject to all just exceptions. WP(C) 232/2020 & CM 736/2020 1.

The petition challenges the order dated 26.06.2019, passed by the respondent no. 2, inter alia directing the closure of the unit of the petitioner as also levying Environmental Compensation of Rs.1,61,43,750/- on the petitioner.

2.

Learned counsel for the petitioner submits that the Impugned Order has been passed without issuing any Show Cause Notice to the petitioner or granting an opportunity of hearing to the petitioner. This is not disputed by the learned counsel for the respondents. 3.

In view of the submissions, the Impugned Order, insofar as it levies Environmental Compensation of Rs.1,61,43,750/- on the petitioner, is set aside. The respondent no. 2 shall consider the

contents of the present petition as a representation to the respondent no. 2 against levy of Environmental Compensation and decide the same after granting an opportunity of hearing to the petitioner and pass a speaking order thereon. Such order, if adverse to the petitioner, shall not be implemented for a period of two weeks for the petitioner to avail its legal remedy against the same.

4.

The learned counsel for the petitioner further submits that the petitioner was occupying the premises only as a tenant and would like to hand over the same to the lessor.

5.

The petitioner would make such a request to the respondent no. 2, which shall also be considered expeditiously. 6.

The present petition is disposed of with the above direction. There shall be no order as to cost.

Dasti.

NAVIN CHAWLA, J JANUARY 10, 2020 RN