Delhi High Court - Orders
Va Tech Wabag Limited vs Delhi Pollution Control Committee & Anr on 8 April, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:09.04.2021 18:13:10
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4391/2021 & CM APPL.13366/2021
VA TECH WABAG LIMITED ..... Petitioner
Through: Mr. Neeraj Kumar and Ms.
Meenakshi Jha, Advocate.
(M:9818061507)
versus
DELHI POLLUTION CONTROL
COMMITTEE & ANR. ..... Respondents
Through: Mr. Kush Sharma, Advocate for R-1.
Ms. Sangeeta Bharti, Advocate for R-
2.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 08.04.2021
1. This hearing has been done through hybrid mode (physical and virtual hearing).
2. The present petition has been filed challenging the impugned order dated 19th November, 2020 passed by the Delhi Pollution Control Committee, vide which, an environmental compensation of Rs 10,00,000/- has been imposed upon the Petitioner on the ground that the Petitioner has been discharging untreated effluents and sewage, directly into the Yamuna river causing pollution.
3. The case of the Petitioner is that during inspection it was shown that there was no discharge/ bypassing of effluents on the part of the Petitioner, and hence ld. Counsel for the Petitioner submits that the imposition of the environmental compensation amounting to Rs. 10,00,000/- is not tenable.
Digitally Signed By:DINESH SINGH NAYAL Signing Date:09.04.2021 18:13:10
4. A perusal of the record shows that a show-cause notice was issued to the Petitioner on 18th September, 2020, by the DPCC. The Petitioner had filed a reply to the same. However, without affording a hearing to the Petitioner, the impugned order imposing the environmental compensation was passed by the DPCC on 19th November 2020.
5. Considering the nature of the matter, issue notice to the Respondents.
6. Let the counter affidavit be filed within a period of six weeks. Rejoinder, thereto, if any, be filed within 4 weeks thereafter.
7. Subject to deposit of a sum of Rs.3,00,000/- with DPCC, no coercive measures shall be taken by the DPCC against the Petitioner. The said deposit shall be made within a period of four weeks.
8. List on 13th August, 2021.
PRATHIBA M. SINGH, J.
APRIL 8, 2021 dj/AK