Delhi High Court - Orders
Narela Industrial Complex Welfare ... vs Government Of National Capital ... on 29 November, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14549/2024, CM APPL. 61024/2024 & CM APPL.
61025/2024
NARELA INDUSTRIAL COMPLEX WELFARE ASSOCIATION
.....Petitioner
Through: Mr. Gagan Gupta, Mr. Vineet Kumar,
Mr. Saurabh Gupta, Mr. Jasbir Singh,
Advocates
versus
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF
DELHI & ORS. .....Respondents
Through: Mr. Divyam Nandrajog, Panel
Counsel for GNCTD with Ms. Sreeja
Pal, Advocate for R-1
Mr. Vikas Goel, Mr. Abhishek
Kumar, Ms. Twinkle Kataria, Ms.
Samiksha Goel, Advocates
Ms. Richa Dhawan, Mr. Anuj
Chaturvedi, Ms. Harshita
Maheshwari, Mr. Pawan Karan Deo,
Advocates for R-3
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 29.11.2024
1. The Petitioner, Narela Industrial Complex Welfare Association, has filed the present petition impugning 'Notification of CETP and sewerage charges for Narela Industrial Area' dated 10th November, 2023 passed by Respondent No. 3/ Delhi State Industrial & Infrastructure Development Co.
W.P.(C) 14549/2024 Page 1 of 6This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 01:30:41 Ltd.1
2. At the outset, the Respondents point out that the impugned notification is amenable to challenge before the Appellate Authority as provided under Section 13 of the Delhi Common Effluent Treatment Plants Act, 2000.2
3. Counsel for the Petitioner strongly opposes the Respondents' contention, arguing that the impugned notification emanates from the Delhi Industrial Development, Operation and Maintenance Act, 2010,3 which Act does not provide an appellate remedy. To support his contentions, the Counsel makes a reference to the impugned notification, which reads as follows: (Pg. 175) "Delhi State Industrial and Infrastructure Development Corporation Limited) Notification, New Delhi for CETP and Sewerate charges at Narela Industrial Area Date: 10.11.2023 Whereas, under the Delhi Industrial Development Maintenance Act. 2010 (hereinafter referred to as the "Act"), the Delhi State Industrial and Infrastructure Development Corporation Limited (hereinafter referred to as "DSIIDC" is empowered for securing orderly establishment of, and assistance in maintenance and operation of industrial areas and industrial estates in the National Capital Territory of Delhi and DSIIDC intends to upgrade the infrastructure in the existing industrial estates in NCT Delhi and develop a sustainable framework for industrial estate management.
And whereas pursuant to the Act DSIIDC has entered into a concession agreement for the re- development of the Narela Industrial Area hereinafter referred to as the said "industrial Estate" which shall include inter alia, design engineering financing re- development, rehabilitation, operation and maintenance of the Project Facilities within the relevant industrial estate.
Now, therefore, in exercise of the powers conferred by section 6 of the Act, DSIIDC, having regard to the expenditure involved in building, maintenance, management and operation of the Project facilities, notifies that there shall be levied and collected user charges/tariff from the effective date (mentioned below), at the rates specified herein and authorized the concessionaire to collect the said user charges/ tariff on and from the 1 "DSIIDC"
2"CETP Act"3
"DIDM Act"W.P.(C) 14549/2024 Page 2 of 6
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 01:30:41 annuity Commencement Date, subject to and in accordance with the said Act and the provisions of the concession Agreement.
The words used but not defined in this notice shall have the meaning specified in the concession agreement. The CETP & Sewerage charges at Narela Industrial Area in respect thereof levied and collected hereunder are due and payable in the following manner as depicted in the table below for the respective periods & financial years.
By order and on behalf of Delhi State Industrial & Infrastructure Development Corporation Ltd.
Sd/ Executive Director DSIIDC"
4. Counsel for the Petitioner particularly emphasises on the opening paragraph of the aforesaid notification, which makes a reference to the DIDM Act. He further points out that the impugned order has been passed by the Executive Director in exercise of powers under Section 6 of the DIDM Act, having regard to the expenditure involved in the building, maintenance, management and operation of the project facilities for notifying the CETP and sewage charges for Narela Industrial Area. Therefore, in absence of an appeal remedy under the DIDM Act, the only remedy available with the Petitioner is to impugn the notification through a writ petition before this Court. He further states that certain parts of the reliefs sought in the present writ petition can only be urged before this W.P.(C) 14549/2024 Page 3 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 01:30:42 Court.
5. The Court has considered the aforenoted contentions but remains unpersuaded. Under the scheme of the CETP Act, 'appropriate authority' is defined under Section 2(2) of the Act, which means "the Commissioner of Industries or any other officer not below the rank of Joint Director authorized by him from time to time in this regard". On this issue, the Lt. Governor of NCT of Delhi has issued a notification dated 29 th April, 2022 which reads as follows:
"OFFICE OF THE COMMISSIONER OF INDUSTRIES (Department of Insdustry) NOTIFICATION Delhi, the 29th April, 2022 F. No. 1/JCI/CETP/Meeting/2009/ 1751.--In exercise of the powers conferred under section 15 of the Delhi Common Effluent treatment Plant Act, 2000, the Commissioner of Industries, Government of National Capital Territory of Delhi hereby delegates the powers exercisable by the Appropriate Authority to the Executive Director of Delhi State Industrial & Infrastructure Development Corporation Ltd. (DSIIDC) to exercise powers conferred on, and perform the functions assigned to Appropriate Authority under the Delhi Common Effluent Treatment Plant Act, 2000 in respect of Common Effluent treatment Plants in the Industrial Areas under the control and maintenance of DSIIDC.
This notification comes into force with effect from the date of its publication in official gazette.
By Order and in the Name of the Lt. Governor of NCT of Delhi, NIHARIKA RAI, Secy.-Cum- Commissioner (Industries )"
6. Under the aforenoted notification, the Executive Director of the DSIIDC has been conferred the powers to perform the functions assigned to the appropriate authority under the CETP Act in respect of common effluent treatment plants in industrial areas under the control and maintenance of the DSIIDC.
7. It remains undisputed that the Narela Industrial Area Effluent Plant is W.P.(C) 14549/2024 Page 4 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 01:30:42 under the control and maintenance of DSIIDC. Therefore, in the opinion of the Court, the reference to the DIDM Act, in the impugned notification, does not take away the fact that the demands of CETP and sewage charges emanate from the CETP Act. The term 'effluent' defined under Section 2(7) of the CETP Act, includes any liquid, gaseous or solid substance which is discharged from any premises used for carrying on any industry operation or process, or treatment and disposal system including domestic sewage.
8. Pertinently, the two charges which have been demanded in the impugned notification, i.e., the CETP and sewage charges, clearly fall within the ambit of the CETP Act. As noted above, the Executive Director of the DSIIDC is empowered to perform the functions of the appropriate authority under the CETP Act. Furthermore, as evidenced from the communication dated 18th March, 2014, DSIIDC has clarified that the charges to be levied from the Petitioner shall be worked out in terms of the CETP Act. Moreover, the minutes of meeting of the DSIIDC dated 29th August, 2014 stipulate that the CETP charges will be notified as per the CETP Act. Additionally, the Petitioner's own representations annexed as Annexures P-18 and P-19 to the petition, also acknowledge and refer to CETP and sewage charges under the CETP Act. In view of the aforesaid facts and circumstances, it becomes amply clear that the impugned order has been passed under the CETP Act, and is therefore, amenable to the Appellate remedy provided under the CETP Act.
9. Accordingly, since there is a statutory appellate remedy available with the Petitioner under the CETP Act, the Court is not inclined to entertain the present writ petition.
10. At this juncture, counsel for the Petitioner requests that in case the Petitioner prefers an appeal, the same may not be rejected on account of W.P.(C) 14549/2024 Page 5 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 01:30:42 being barred by limitation. Having regard to the fact that the Petitioner has spent some time in prosecuting the present writ petition under a bona fide impression that writ is an appropriate remedy, it is clarified that should the Petitioner prefer an appeal within a period of four weeks from today before the Appellate Authority under the CETP Act, the same shall be examined on its own merits, and shall not be rejected on the ground of limitation.
11. The Court has not examined the merits of the case and all rights and contentions of the parties are left open.
12. With the above directions, the present writ petition is disposed of along with pending applications.
SANJEEV NARULA, J NOVEMBER 29, 2024/ab W.P.(C) 14549/2024 Page 6 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 01:30:42