Delhi High Court - Orders
Sonia Vihar Iron & Timber Scrap Traders ... vs East Delhi Municipal Corporation & Ors on 1 June, 2022
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8946/2022
SONIA VIHAR IRON & TIMBER SCRAP TRADERS
ASSOCIATION (REGD) AND ORS ..... Petitioners
Through: Mr. Bahar U. Barqi, Advocate
versus
EAST DELHI MUNICIPAL
CORPORATION & ORS. ..... Respondents
Through: Ms. Puja Kalra, Standing Counsel
with Mr. Virendra Singh, Advocate
for respondents No.1 and 2/EDMC.
Mr. Ashim Vachher, Standing
Counsel for respondent No.3/DDA.
Mr. Manashwy Jha, Panel Counsel
(Civil), GNCTD for respondent No.4.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 01.06.2022 CM.APPL No. 26916/2022 (Exemption)
1. Allowed, subject to all just exceptions.
2. Applications stand disposed of.
W.P.(C) 8946/2022 & CM. APPL. No. 26915/2022
1. By way of the present petition filed under Article 226 of the Constitution of India, the petitioners seek following reliefs:-
"(a) Pass appropriate Writs, Orders and/or directions especially in the nature of certiorari quashing the impugned Show Cause Notices dated 30.06.2021, cancellation of trade/storage licenses dated 07.07.2021 by the Respondents No. I & 2 and order dated 04.05.2022 passed by the Respondents No. I & 2;Signature Not Verified
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(b) Pass further appropriate Writs, orders and/or directions especially in the nature of mandamus restraining the Respondents from creating any obstruction or impediment in running of commercial activities of the Petitioners at Village: Sabhapur, Sonia Vihar, Shahdara, Delhi 110094; and
(c) To pass such other or further order(s) whichever may deem fit and under the present facts and circumstances of the case."
2. At the outset, Ms. Puja Kalra, learned Standing Counsel for respondents No. 1 and 2 has invited the attention of the Court to the fact that the petitioners had earlier also approached this Court by way of W.P. (C) 7882/2021, wherein this Court had passed the following order on 25.08.2021:
"W.P.(C) 7882/2021 & CM APPLN. 24505/2021 (interim dir)
1. The hearing was conducted through video conferencing.
2. Petitioner seeks quashing of show cause notice dated 30.06.2021 and the order of cancellation of trade/storage licence dated 07.07.2021 and further seeks a direction to the respondent to de-seal the godowns of the petitioner situated at Sabha Pur, Sonia Vihar, Delhi.
3. It is contended that no order on the show cause notice dated 30.06.2021 has been communicated to the petitioner or any show cause notice issued prior to cancellation of the trade/storage licences.
4. Learned counsel appearing for respondent no. 1 and 2 submits that subject action has been taken pursuant to the directions issued by the National Green Tribunal (NGT) in its order dated 09.06.2021 passed in Execution Application No. 27/2020 in OA No. 211/2019.
5. Learned counsel submits that the petitioners were running a godown and storing iron and steel scrapes and the NGT had clearly Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:04.06.2022 13:31:49 held that the same is a polluting activity and contrary to the environmental norms.
6. Learned counsel submits that NGT has noticed that continuation of the storage of scrap by the petitioner is also violative of the directions issued by the Supreme Court in M. C. Mehta Vs. UOI & Ors. (2004) 6 SCC 588.
7. He further submits that since the impugned action has been taken pursuant to the directions issued by the NGT, the remedy of the petitioner, if any, would be to approach the NGT.
8. In view of the above, learned counsel for the petitioner seeks leave to withdraw the petitioner reserving the right of the petitioner to approach the NGT.
9. The petition is accordingly dismissed as withdrawn. All rights and contentions of the parties are reserved.
10. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master."
3. The petitioners, thereafter, approached the National Green Tribunal, New Delhi (hereinafter referred to as 'the NGT') by way of Review Application No. 39/2021 in Original Application No. 211/2019, wherein after noticing the respective contentions of the parties, following directions were passed vide order dated 01.12.2021:
"7. We find that the said authorities have passed the orders on the basis of activity of the applicant being illegal and in non-conforming area. If it is not so, this has to be established before the concerned authorities. If the applicant is aggrieved by coercive action, remedy by way of statutory appeal before this Tribunal is also available. In absence of any error in the order of this Tribunal requiring compliance of directions of Hon'ble Supreme Court to shift non -Signature Not Verified
Digitally Signed By:SANGEETA ANAND Signing Date:04.06.2022 13:31:49 conforming activities from residential areas, there is no ground to review of the said order of this Tribunal, as sought in this petition.
The review application is accordingly dismissed without prejudice to any other remedy of the applicant in accordance with law."
4. Subsequently, the petitioners again approached this Court by way of W.P.(C) 15003/2021, wherein this Court again after noticing the earlier position, passed the following order on 24.12.2021:
"1. Petitioners seek quashing of show cause notices dated 30.06.2021 and impugns cancellation of trade/storage licenses dated 07.07.2021 and sealing order dated 01.12.2021.
2. Petitioner has earlier filed a petition before this Court being W.P.(C) 7882/2021, which was permitted to be withdrawn with liberty to the petitioner to approach the National Green Tribunal.
3. It is pointed out that the petitioner had filed a review petition before the National Green Tribunal, which was disposed of by its order dated 01.12.2021, holding that the authorities had passed an order on the basis of the activity of the applicant/petitioner being illegal and in non-conforming area. The National Green Tribunal further held that if it was not so, that had to be established before the concerned authority and if the petitioner was aggrieved by coercive action, remedy by way of a statutory appeal before the National Green Tribunal shall also be available.
4. The petitioner without seeking to establish before the concerned authority that the activity of the petitioner was not illegal or m a nonconforming area, has filed the subject petition.
5. Learned counsel for the petitioner accordingly seeks leave to withdraw the petition, reserving the right of the petitioner to file a representation before the concerned authority i.e., the Municipal Corporation to show that the activity of the petitioner is neither illegal nor in a non-confonning area.Signature Not Verified
Digitally Signed By:SANGEETA ANAND Signing Date:04.06.2022 13:31:49
6. In view of the above, the petition is dismissed as withdrawn. All the rights and contentions of the parties are reserved.
7. It is clarified that if the petitioner is still aggrieved by the order of the Corporation, the petitioner would have the liberty as granted by the order of the National Green Tribunal dated 01.12.2021 to avail of its legal remedies."
5. Learned counsel for the petitioners submits that in between, the petitioners have also approached this Court by way of W.P.(C) 1949/2022 seeking directions to the respondents to dispose of their representation dated 24.12.2021 stated to be pending before respondent No. 1/EDMC, which was filed pursuant to the liberty granted by the NGT vide order dated 01.12.2021.
This Court vide order dated 01.02.2022 directed the respondents to dispose of the petitioners' representation dated 24.12.2021. The respondent No. 1 disposed of the petitioners' representation vide communication dated 04.05.2022 by holding as such:
"3. With reference to U.O. No. 100(3)/RN/2019/151A-3054 dated 17.0.2019 of Spl. Secretary to Lt. Governor, Delhi, reply of Town Planning Department, EDMC may be referred (Copy enclosed) wherein, it was communicated that the area of Sonia Vihar falls under Zone '0' and the activities mentioned in the above said letter were not permitted thereupon. Even the provisions of notifications dated 21.06.08 regarding re-development of godown clusters existing in non-conforming areas are not applicable for areas falling in Zone 'O'. Further, the activities which are not permitted under provisions of MPD 2021 are not protected under the provisions of The Delhi Laws (Special Provisions) Act, as well.
4. Since shops/godowns of scrap are not permitted under provisions of MPD 2021 and not protected under the provisions of Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:04.06.2022 13:31:49 The Delhi Laws (Special Provisions) Act as well, therefore, the representation is hereby disposed off.
This issues with the approval of Additional Commissioner (CL & EC), EDMC."
6. The petitioners have now again approached this Court by way of the instant petition assailing the Show Cause Notice Dated 30.06.2021, cancellation of trade/storage licenses dated 07.07.2021 and order dated 04.05.2022 stated to be issued by respondents No. 1 and 2.
7. Keeping in view the aforesaid orders passed by this Court as well as the order dated 01.12.2021 passed by the NGT, whereby liberty was granted to the petitioners to approach the NGT, in case, they are aggrieved by any coercive action, by way of statutory appeal, the present petition is disposed of with liberty to the petitioners to approach the appropriate forum in accordance with law.
MANOJ KUMAR OHRI, J JUNE 1, 2022/v Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:04.06.2022 13:31:49