M/S Bawana Plast Private Limited v. Delhi Pollution Control Committee

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1509/2020 M/S BAWANA PLAST PRIVATE LIMITED ..... Petitioner Through:

Mr.Sunil Kumar and Mr.Ramesh Kr.

Sharma, Advs.

versus DELHI POLLUTION CONTROL COMMITTEE ..... Respondent Through:

Ms.Sakshi Popli and Mr.D.P.Pande, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 10.02.2020 CM 5220/2020 Exemption allowed, subject to all just exceptions. WP(C) 1509/2020 & CM 5221/2020 1.

The petition challenges the order dated 06.11.2019 passed by the respondent, inter-alia directing the closure of the unit of the petitioner as also levying Environmental Compensation of Rs.8,47,500/- 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. 3.

In view of the submissions, the Impugned Order, insofar as it levies Environmental Compensation of Rs.8,47,500/- on the petitioner, is set aside. The respondent shall consider the contents of the present petition as a

representation to the respondent 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 his legal remedy against the same. 4.

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

Dasti.

NAVIN CHAWLA, J FEBRUARY 10, 2020/Arya