Amrit Foundry and Anr v. Delhi Pollution Control Committee & Ors

ORDER

22.11.2010 o/o w.P.(o 7780/2010 & cM APPL 20160/2010 w.P.(o 7781/2010 & CM APPL 20161/2010 w.P.rc\ 778212010 & cM APPL20l62l20lti w.P.(o 778312010 & cM APPL 20163/2010 w.P.(o 778412010 & cM APPL 20164/2010 w.P.(o 778sl2010 & cM APPL 2016s/2010 w.P.(o 778612010 & CM APPL 20166/2010 w.P.rc\ 775712010 & cM APPL20r67l2010 w.P.(o 7788/2010 & CM APPL 20168/2010

¶1These petitions challenge more or less similar closure orders of the Petitioners' units passed by Delhi Pollution Control Committee ('DPCC') under Section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981 ('Air Act').

¶2According to the DPCC these Petitioners who have been carrying on the activity of foundry for a long time are not complying with the pollution control norms. Further these foundry units are under the prohibited category of activities as per the Master Plan for Delhi 202L Inspections were carried out but, admittedly, none of the Petitioners was served with a copy of the wP (Civil) 7780/2070 & batch respective inspection report on the basis of which the impugned closure or was passed.

¶3In the considered view of this Court, on this short ground, that none of these Petitioners was given a copy of the inspection report, which formed the basis of the impugned direction for closure, the direction for closure cannot be sustained in law and deserves to be set aside. It is ordered accordingly.

¶4The next question that arises is of the consequential .order that has to be passed. Keeping in light similar orders passed.by this Court on 19th October 2010 in Writ Petition (Civit) No. 6975 of 2010 (l(hite Machines v. DPCC) and 25th October 2010 in Writ Petition (Civil) No. 710712010 (.4nupam Casting and Engineering ll/orks v. DPCC), this Court considers it appropriate to direct as under:

(i) the DPCC will treat the impugned orders in each of the cases be treated as a show cause notice issued to each of the Petitioners by the DPCC.

(ii) It will be open to the DPCC to undertake an inspectiori of the Petitioners' premises within ten days from today without any prior intimation to the Petitioners. Any further inspection report will be goi signed by each of Petitioners and a copy furnished to each of them and an order will thereafter be passed after giving the Petitioners an opportunity of being heard. eage 5 oi6 ; /u 4e{ wP (civil) 7780/2070 & batch Irc

(iii) In the meanwhile, it will be open to each of Petitioners to file objections to the inspection report, handed over to learned counsel for Petitioners in Court today, within one week. (i") Any consequential order that may be passed by the DPCC pursuant to the above directions will be communicated to each of Petitioners within ten days after it is passed.

(v) If aggrieved by such order, it will be open to each of the Petitioners to seek such remedies as provided under the Air Act.

¶5It may be recorded at this stage that learned counsel for the Petitioners on instructions stated that none of Petitioners will carry on any activity in their respective foundries till 3l't December 2010 or till they receive the order of the DPCC passed in terms of this order, whichever is earlier.

¶6The writ petitions are disposed of with the above directions. The pending applications are also disposed of.

¶7Order be given dasti. NOVEMBER 22,2OIO rk \4<-/v S.MURALIDHAR, WP (Civil) 7780/2070 & batch

't f $-*IN THE HIGH COT]RT OF DELHI AT NEW DELHI 70+ w.P.(c) 7780/2010 & cM APPL 2016012010 SUPER CASTING & ANR ..... Petitioners VCTSUS 7l+ w.P.(c) 778u2010 & cM APPL 20r61t20L0 SUPER E,NTERPRISES ..... PEtitiONET Through \4r. T.S. Ahuja with Mr. Satish Kumar, D]]LFII POLLUTION CONTROL COMMITTEE 72+ w.P.(c) 778212010 & cM APPL 2016212010 I\4/S. NAV BHARAT CASTING Through 1\4r. T.S. Ahuja with Mr. Satish Kumar, WP (civil) 7780/2070 & batch Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. 73+ w.P.(c) 778312010 & CM APPL 20163/2010 I\4/S. BHARAT CASTING 74+ w.P.(c) 778412010 & cM APPL 2016412010 IWS. SANJAY FOLINDRY Petitioner Through \4r. T.S. Ahuja with Mr. Satish Kumar, versus 75+ w.P.(c) 778s120rti & cM APPL 20r6s120rti VI/S. ASHA FOUNDRY ""' Petitioner Through N4r. T.S. Ahuja with Mr. Satish Kumar, ..... Respondents 7/ wP (Civil) 7780/2070 & batch Poge 2 of 6 VCTSUS . Through \4r. Sanjeev Ralli with Mr. Sandeep Anand, 76+ w.P.(c) 778612010 & cM APPL 2016612010 VYS. ADARSH ENTERPRISES ..... PEtitiONET Through Mr. T.S. Ahuja with \zlr. Satish Kumar, versus ""' ResPondents Through Mr. Sanjeev Ralli with \zlr. Sandeep Anand, Advocate for R-1 J2/ + w.P.(c) 778712010 & cM APPL 2016712010 VI/S. AMRIT FOUNDRY ""' Petitioner ""' ResPondents Through \zlr. Sanjeev Ralli with Mr. Sandeep Anand, And 78+ w.P.(c) 778812010 & cM APPL 2016812010 wp (civit) 7780/2070 & bdtch Poge 3 of 6 IWS. ASHA FOLTNDRY Through Mr. T.S. Ahuja with \4r. Satish Kumar, CORAM: ..... Respondents JUSTICE S. MTIRALIDHAR