No coercive action in Mayapuri scrap market: Delhi High Court
On Monday, Justice Vibhu Bakhru also sought the response of the DPCC on the plea by a bunch of traders who had challenged an April 2 order of the green tribunal imposing a fine of R 1 lakh on the traders for polluting the environment.Updated: Apr 16, 2019 07:38 IST
Hindustan Times, New Delhi
In a partial relief to the traders at Mayapuri scrap market, the Delhi High Court on Monday directed that no coercive action should be taken till April 26 against those who fail to pay a fine of ₹1 lakh levied by the Delhi Pollution Control Committee (DPCC) as environmental damage compensation.
The court, however, did not touch upon the issue of sealing of scrap units at Mayapuri.
The Saturday’s drive, which triggered violent protest by the traders, was conducted in compliance with the series of orders by the National Green Tribunal.
On Monday, Justice Vibhu Bakhru also sought the response of the DPCC on the plea by a bunch of traders who had challenged an April 2 order of the green tribunal imposing a fine of R 1 lakh on the traders for polluting the environment.
“No coercive steps to be taken to recover environmental damage compensation till the next date of hearing,” court said while posting the matter for April 26.
The court’s order comes after 11 traders involved in the sale of motor parts moved the court contending that they were not given a show cause notice before imposing the fine on them violating the principles of natural justice.
The matter was urgently mentioned before Chief Justice Rajendra Menon, following which the matter was marked to Justice Vibhu Bakhru.
The plea filed through advocates Sahil Bhalaik and Tushar Giri explained that the April 2 order of the DPCC is “arbitrary”, “unjust”, “unfair” and “illegal”. It said that the order of the DPCC was passed without any application of mind.
The petition claimed that the DPCC, while passing the order of April 2, had misquoted the NGT with a malafide intention. It said that the NGT had made reference to dismantling only while dealing with a news report.
It also said the DPCC orders do not highlight the polluting activity on the basis of which the fine has been imposed. It said the orders issued by the DPCC do not disclose violations of the air nor mentions the legal provision on which the fine has been imposed.
First Published: Apr 16, 2019 07:38 IST