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High Court of DelhiW.P.(C)/2453/2020

Sh. Khelanand Mandal And ANR. v. Government Of N.C.T. Of Delhi And ORS.

2020-03-06Hon'Ble Mr. Justice Navin Chawla2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2453/2020 & CMs 8573-74/2020 SH. KHELANAND MANDAL AND ANR.

..... Petitioners Through:

Mr.Amit Chadha, Mr.Atin Chadha, Ms.Munisha Chadha, Ms.Rituparn Uniyal & Ms.Ekta Chandel, Advs.

versus GOVERNMENT OF N.C.T. OF DELHI AND ORS.

..... Respondents Through:

Mr.Biraja Mahapatra & Mr.Sumit Mishra, Advs. for DPCC.

Mr.Rizwan & Mr.Sameydeen, Advs.

for R-1 & R-3.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 06.03.2020 1.

The present petition challenges the order dated 03.08.2019, passed by the respondent no.2, inter-alia levying Environmental Compensation of Rs.39,37,500/- on the petitioner.

2.

Learned counsel for the petitioners submits that the Impugned Order has been passed without issuing any Show Cause Notice to the petitioners or granting an opportunity of hearing to the petitioners. This is not disputed by the learned counsel for the respondent no. 2. 3.

In view of the submissions, the Impugned Order, insofar as it levies Environmental Compensation of Rs.39,37,500/- 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 petitioners and pass a speaking order thereon. Such order, if adverse to the petitioners, shall not be implemented for a period of two weeks to allow the petitioners to avail their legal remedy against the same.

4.

The recovery notice dated 11.12.2019 and the Warrant of Arrest issued by respondent no.3, being order passed to enforce impugned order dated 03.08.2019 passed by respondent no.2, are also set aside. 5.

The petition further seeks relief of de-sealing of the premises that was sealed pursuant to the Memo issued by respondent no. 3. The petitioners may approach the respondent no.2/DPCC for making similar request. The respondent no.2/DPCC would also take a decision on such request of desealing of the premises made by the petitioners. 6.

The petition is disposed of with the above directions. Dasti.

NAVIN CHAWLA, J MARCH 06, 2020/rv