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L6 to L9 o/o L0.LI.20t0
Present: Mr.Nishant Datta & Mr.Raqian Grover, Advocates for the petitioners.
Mr.Sanjeev Ralli and Mr. Sandeep Anand, Advocates for respondent no. L/DPCC.
- Mr.Ar{umJNaved, Advocate for the respondent no.3.
+CM No.L9678/2OLO in W.P.(C)No.7563/2Ot O.
CM No.L968O/2O1O in W.P.(C) No.7564'-OLO
QM No.19682/20LO in W.P.C.(C) No.7565I2OLO &
CM No.L9686/2OLO in W.P.(C) No.7567l2OLO
(for exemption)
*
' Allowed subject to just exceptions.
I{.9.(91 No.7?9Q/? cpcr.
W.P.(C) No.7564/201O & CM No.t9679l2o1o(ulsLstcpcl'
No.7 No. L9 L5L
Notice.
Counsel for the respondent nos.L & 3 accepts notice.
Counsel for the petitioner states that the respond.ent no.2 is a proforma parby.
The petitioner has impugned the order of the Delhi Pollution control committee dated L2.10.2010, whereby the petitioner has been directed to stop the operation of his unit with immediate effect. This order has been passed under Section 3j.A of the Air
(Prevention and Control of Pollution) Act, 1981. counsel for the petitioner has drawn attention of this Court to Rule 20A of the Air
. Page I"of2
\
\
L6 to L9 o/o L0.LI.20t0
Present: Mr.Nishant Datta & Mr.Raqian Grover, Advocates for the petitioners.
Mr.Sanjeev Ralli and Mr. Sandeep Anand, Advocates for respondent no. L/DPCC.
- Mr.Ar{umJNaved, Advocate for the respondent no.3.
+CM No.L9678/2OLO in W.P.(C)No.7563/2Ot O.
CM No.L968O/2O1O in W.P.(C) No.7564'-OLO
QM No.19682/20LO in W.P.C.(C) No.7565I2OLO &
CM No.L9686/2OLO in W.P.(C) No.7567l2OLO
(for exemption)
*
' Allowed subject to just exceptions.
I{.9.(91 No.7?9Q/? cpcr.
W.P.(C) No.7564/201O & CM No.t9679l2o1o(ulsLstcpcl'
No.7 No. L9 L5L
Notice.
Counsel for the respondent nos.L & 3 accepts notice.
Counsel for the petitioner states that the respond.ent no.2 is a proforma parby.
The petitioner has impugned the order of the Delhi Pollution control committee dated L2.10.2010, whereby the petitioner has been directed to stop the operation of his unit with immediate effect. This order has been passed under Section 3j.A of the Air
(Prevention and Control of Pollution) Act, 1981. counsel for the petitioner has drawn attention of this Court to Rule 20A of the Air
. Page I"of2
\
\
)
2010:DHC:14011
(Pollution and Control) (Union Territories) Rules 1983 and mandate contained therein.
Without going further into merits of the controversy, learned counsel for the respondent has pointed out that since the inspection of this unit had been conducted on 22.09.2010 and copy of this inspection report has been handed over to the learned counsel for the petitioner today. The order dated 1-2.L0.2010 be treated as a show cause notice. L5 days time is accordingly granted to the petitioner to show cause to the said notice.
Meanwhile, it is also open to respondent no.L to undertake inspection of the petitioner's unit at any time within L0 days from today without prior notice to the petitioner. The further inspection report if any will be got signe{ nV the petitioner. It will be open to the petitioner to file objections to the said inspection report, if any.
No further directions are required in this petition. The petition as also the application is disposed of accordingly.
I
Dasti. I
I
P
I{OVEMBER 1.O, 2O1.O nandan
INDERMEET IGU& J. the l
, Page 2 of2
2010:DHC:14011
2010:DHC:14011
(Pollution and Control) (Union Territories) Rules 1983 and mandate contained therein.
Without going further into merits of the controversy, learned counsel for the respondent has pointed out that since the inspection of this unit had been conducted on 22.09.2010 and copy of this inspection report has been handed over to the learned counsel for the petitioner today. The order dated 1-2.L0.2010 be treated as a show cause notice. L5 days time is accordingly granted to the petitioner to show cause to the said notice.
Meanwhile, it is also open to respondent no.L to undertake inspection of the petitioner's unit at any time within L0 days from today without prior notice to the petitioner. The further inspection report if any will be got signe{ nV the petitioner. It will be open to the petitioner to file objections to the said inspection report, if any.
No further directions are required in this petition. The petition as also the application is disposed of accordingly.
I
Dasti. I
I
P
I{OVEMBER 1.O, 2O1.O nandan
INDERMEET IGU& J. the l
, Page 2 of2
2010:DHC:14011
JUDGMENT