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High Court of DelhiW.P.(C)/11101/2025

M/S Masters v. Delhi Pollution Control Committee & ANR.

2026-04-07Hon'Ble Mr. Justice Purushaindra Kumar Kaurav2 pages

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11101/2025 and CM APPL. 45713/2025 M/S MASTERS .....Petitioner Through:

Mr. Rahul Kumar, Advocate (Thr.

VC) versus DELHI POLLUTION CONTROL COMMITTEE & ANR.

.....Respondents Through:

Mr. Narender Pal Singh, Ms. Ishika Singh, Advocates for R-1/ DPCC.

Mr. Abhinav Singh, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 07.04.2026 1.

The petition is for the following reliefs:

Pass a writ of certiorari and/or any other writ, quashing the direction dated 27/06/2025 and Pass any other or further order and/or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2.

The sole grievance of the petitioner is that impugned order dated 27.06.2025 is non - speaking.

3.

Bare perusal of the impugned order dated 27.06.2025 indicates that the same has been passed without assigning the reason as to why the response of the petitioner to the Show Cause Notice (SCN) dated 02.05.2025 was not satisfactory.

4.

Under almost similar circumstances, this Court in the case of M/s The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/04/2026 at 12:43:13

India Navigation Company vs. Govt. Of NCT of Delhi & Anr.1, has set aside the notice while directing the Delhi Pollution Control Committee (DPCC) to issue a fresh notice to the petitioner and after affording an opportunity of hearing, to pass a speaking order. 5.

Even otherwise, the objection raised by the respondent- (DPCC) that the petitioner has an alternate remedy, cannot be sustained as the impugned order is composite under the provisions of the Air (Prevention & Control of Pollution) Act,1981 (hereinafter 'the Air Act') and the Water (Prevention & Control of Pollution) Act, 1974 (hereinafter 'the Water Act'). 6.

For the aforesaid reason, the impugned order dated 27.06.2025 deserves to be set aside and is accordingly set aside. 7.

The respondent-DPCC shall be at liberty to issue a fresh Show Cause Notice (SCN). The DPCC then to pass a speaking order after affording an opportunity of hearing to the petitioner. Let the DPCC to invoke the provisions of Air Act or Water Act, as the case may be, and to pass a separate order. The same is necessary in view of the separate appellate mechanism against the order to be passed under the respective Acts. 8.

With the aforesaid directions, the petition, along with pending application, stands disposed of.

9.

All rights and contentions of the parties are left open. PURUSHAINDRA KUMAR KAURAV, J APRIL 7, 2026 aks 1 W.P(C) 7357/2025 vide Order dated 25.03.206 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/04/2026 at 12:43:13