Sanjay Foundry & Anr v. Delhi Pollution Control Committee & Anr

D~ ~ $,- *IN THE HIGH COURT OF DELHI AT NEW DELHI I + W.P.(C) 7780/2010 & CM APPL 20160/2010 SUPER CASTING & ANR Petitioners • Mr. Anjurn Javed with Mr. Ali Afsal, Advocate for R-2 + W.P.(C) 7781/2010 & CM APPL 20161/2010 SUPER ENTERPRISES I + W.P.(C) 7782/2010 & CM APPL 20162/2010 MIS. NAV BHARAT CASTING WP (Civil) 778012010 & 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. 0/ . Respondents + W.P.(C) 7783/2010 & CM APPL 20163/2010 MIS. BHARAT CASTING + W.P.(C) 7784/2010 & CM APPL 20164/2010 MIS. SANJAY FOUNDRY . + W.P.(C) 7785/2010 & CM APPL 20165/2010 M/S. ASHA FOUNDRY (9 + W.P.(C) 7786/2010 & CM APPL 20166/2010 MIS. ADARSH ENTERPRISES • Advocate forR-1. IVIr. Anjum Javed with Mr. Ali Afsal, Advocate for R-2 W.P.(C) 7787/2010 & CM APPL 20167/2010 MIS. AMRIT FOUNDRY Through Mr. T.S. Ahuja with Mr. Satish Kurnar, And + W.P.(C) 7788/2010 & CM APPL 20168/2010 7) respective inspection report on the basis of which the impugned closure order 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. • 4. The 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 (Civil) No. 6975 of 2010 (White Machines v. DPCC) and 251h October 2010 in Writ Petition (Civil) No. 7107/2010 (Anuparn Casting and Engineering Works v. DPCC), this Court considers it appropriate to direct as under: 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. It will be open to the DPCC to undertake an inspection of the Petitioners' premises within ten days from today without any prior intimation to the Petitioners. Any further inspection report will be got 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. t . 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. 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. a •

(v) If aggrieved by such order, it will be open to each of the Petitioners to seek such remedies as provided under the Ar 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 31 st December 2010 or till they receive the order of the DPCC passed in terms of this order, whichever is earlier. The writ petitions are disposed of with the above directions. The pending applications are also disposed of. Order be given dasti. S.MURALLDHAR, J NOVEMBER 22, 2010 rk