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

ORDER

22.11.2010 w.P.(o 7780/2010 & cM APPL 20160/2010 w.P.(o 778112010 & cM APPL 2016112010 w.p.(o 778212010 & cM APPL 2016212010 w.P.(o 778312010 & cM APPL 2016312010 w.P.(o 778412010 & cM APPL 2016412010 w.P.(o 778sl2010 & CM APPL 2016s/2010 w.P.(c) 778612010 & cM APPL 2016612010 w.p.(o 7787/2010 & cM APPL 20167/2010 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 norns. Further these foundry units are under the prohibited category of activities as per the Master Plan for Delhi 202I. Inspections were carried out but, admittedly, none of the Petitioners was served with a copy of the WP (civit) 7780/2010 & batch Pase 4 of 6 { 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.

¶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 2OI0 in Writ Petition (Civil) No. 6975 of 2010 (White Mschines v. DPCC) and 25tt' October 2OI0 in Writ Petition (Civil) No. 710712010 (Anupam Casting snd Engineering Works 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 inspection of the Petitioners' premises within ten days from today without any prior intimation to the Petitioners. Any fuither 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. WP (civil) 7780/2070 & batch l{ I t -1.

(iii) In the meanwhile, it will be open to each'of Petitioners to file objections to the inspection report, handed over to leamed counsel for Petitioners in Court today, within one week.

(iv) 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 31" 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. \U S.MURALIDHAR, J NOVEMBER 22,2OIO rk . wP (civil) 7780/2070 & hatch

r 'l $-*IN THE HIGH COURT OF DELHI AT NEW DELHI 70+ w.P.(c) 778012010 & cM APPL 20160/2010 SUPER CASTING & ANR ..... Petitioners 7T+ w.P.(c) 778112010 & cM APPL 20t61120rti SIIPER ENTERPRISES Through VIr. T.S. Ahuja with Mr. Satish Kumar, DELI-il POLLUTION CONTROL COMMITTEE ..... Respondbnts 72+ w.P.(c) 778212010 & cM APPL 2016212010 N4,/S. NAV BI-IARAI CASTING Through lVIr. T.S. Ahuja with Mr. Satish Kumar, VCTSUS wP (Civit) 7780/2070 & bdtch 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. 4aIJ+ w.p.(c) 778312010 & cM APPL 2016312010 1\4/S. BHARAT CASTING Through lVIr. T.S. Ahuja with Mr. Satish Kumar, Through Mr. Sanjeev Ralli with NzIr. Sandeep Anand, 74+ w.P.(c) 778412010 & cM APPL 2016412010 lWS. SANJAY FOLINDRY Through Mr. Sanjeev Ralli with \zlr. Sandeep Anand, J5/ + w.P.(c) 778s12010 & cM APPL 2016s12010 NOS. ASHA FOLINDRY Through N4r. T.S. Ahuja with Mr. Satish Kumar, WP (civil) 7780/2070 & batch .....Respondents /n / Through Mr. Sanjeev Ralli with \zlr. Sandeep Anand, | ( I / Z t "/ Mr. Anjum Javed with Mr. Ali Afsal, Advocate for R-2 - Page 2 ol 6 Through \&. Sanjeev Ralli with Mr. Sandeep Anand, 76+ w.P.(c) 778612010 & cM APPL 2016612010 1\,{/S. ADARSH ENTERPRISES .... ResPondents 77+ w.P.(c) 778712010 & cM APPL 2016712010 VI/S. AI\4RIT FOUNDRY Through N4r. T.S. Ahuja with Mr. Satish Kumar, And 78+ w.P.(c) 778812010 & cM APPL 2016812010 WP (Civil) 7780/2070 & bdtch tl t NOS. ASHA FOLTNDRY Through VI-r. T.S. Ahuja with Mr. Satish Kumar, CORAM: JUSTICE S. MURALIDHAR