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Delhi high court extends relief to Mayapuri traders till May 20

The court’s order comes while hearing a plea by traders, who had challenged the DPCC’s April 2 order. They contended that they were not given a show-cause notice before the fine was imposed.

india Updated: Apr 27, 2019 06:20 IST
Richa Banka
Richa Banka
New Delhi
The Delhi high court (HC) on Friday said the Delhi Pollution Control Committee’s (DPCC) order, imposing a fine of Rs 1 lakh on Mayapuri traders as environmental damage compensation (EDC), is a “blanket order which has been passed without identifying the units”, and that such an order cannot be allowed.

The Delhi high court (HC) on Friday said the Delhi Pollution Control Committee’s (DPCC) order, imposing a fine of Rs 1 lakh on Mayapuri traders as environmental damage compensation (EDC), is a “blanket order which has been passed without identifying the units”, and that such an order cannot be allowed. Justice Vibhu Bakhru, thus, extended its interim order of restraining the DPCC from taking any action against the traders of Mayapuri for not paying a fine of Rs 1 lakh till May 20.

The court’s order comes while hearing a plea by traders, who had challenged the DPCC’s April 2 order. They contended that they were not given a show-cause notice before the fine was imposed.

On Friday, the DPCC filed an affidavit in the court stating that the fine was imposed in compliance with the National Green Tribunal’s (NGT) order. It said the petitioners should have moved the NGT instead of approaching the high court “so as to avoid any parallel proceedings and different orders on the similar subject and matters of which the NGT is already seized of”.

“…order regarding EDC has been passed pursuant to the survey and inspections carried out by the Special Task Force (STF) which was constituted as per NGT’s order….,” the affidavit filed through advocate Sanjeev Ralli read.

The DPCC also told the court that its chairman had visited the Mayapuri Industrial Area Phase-2, where they found that roads were drenched in waste oil from dismantled old vehicles and engine parts by unauthorised recyclers. The EPCC said that the fine was imposed as a deterrent to prevent further environmental deterioration.

Countering this, advocate Sahil Bhalaik appearing for the petitioners, argued that the DPCC had not justified the fine, and had not conducted an inspection. The matter has been posted for May 20.

First Published: Apr 27, 2019 06:20 IST