Full Text
W.P.(C) 1077/2010 & CM APPL 2277/2010
SUBHASH CHAND Petitioner
Through: Mr. P.S. Bindra with Mr. Mike Desai, Advocate
Through: Mr. Rahul Kumar, Advocate along with
Mr. Dinesh Jindal, ALO, DPCC
SUBHASH CHAND JAIN Petitioner
BISWANATH Petitioner
2010:DHC:12719
ISH KUMAR Petitioner
SHYAMLAL BANSAL Petitioner
ORDER
1. The original files produced by learned counsel for the Delhi Pollution Control Committee ('DPCC') have been perused. •N eiToneous understanding that presence of each of the Petitioners during t^ surprise inspection of their units was sufficient to put them on notice about the alleged breaches.
3. On this short ground, the impugned orders are hereby set aside, subject however, to the following directions: (a) The DPCC will, within a period of one week from today, serve upon each of the Petitioners or their respective learned counsel wha appears in these cases, a showcausenotice detailing the precise nature of the breach committed by each of them and enclosing a copy of the relevant inspection report. (b) Each of the Petitioners will, within a period of ten days thereafter, file their replies to the show cause notice. No further time will be granted to them for this purpose.
(c) Each of the Petitioners, or their counsel, will be given a hearing on a date which will be communicated by the DPCC to each of them or their counsel seven days in advance.
(d) The DPCC will pass a reasoned order within a period of ten days of the hearing in each of the cases of the Petitioners and inform the Petitioners or their counsel in writing of such decision within a further period of one week thereafter. within a week an undertaking by way of an affidavit in this court that ti such time orders are passed by the DPCC, they shall not carry out any activity in the premises under their occupation. If the Petitioners seek to carry out any permissible activity, other thanpickling, they will apply to the DPCC which shall consider such request in accordance with law. If still aggrieved by the orders passed by the DPCC in accordance with the above directions, it will be open to the Petitioners to seek appropriate remedies in accordance with law.
5. With the above directions, the petitions and the pending applications are disposed of.
6. Order be given dasti to learned counsel for the parties.
S. MURALIDHAR, J.