Delhi HC sets aside Rs 95 lakh environment compensation order passed by Pollution Control Committee

New Delhi [India], February 4 : The Delhi High Court on Friday set aside an order passed by Delhi Pollution Control Committee (DPCC) imposing a Rs 95 lakh environment compensation on Okhla Industrial Area CETP Society. The petitioner society has challenged the said order saying it was passed without hearing them.
Justice V Kameswar Rao after hearing the submissions of counsel appeared for DPCC and Okhla Industrial Areas CETP Society on Friday set aside the order passed on July 7, 2021. The said order was passed by DPCC for non-compliance with environmental norms.
The bench also took the note of the submission of Counsel appeared for DPCC. The Counsel submitted that the body will give a hearing to the petitioner.
Okhla Industrial Areas CETP Society had moved a petition through Advocate S K Bhattacharya. He submitted that the petitioner is a body engaged in treating the industrial affluents. It was issued a show-cause notice on April 21.
Bhattacharya argued that the reply to the notice was given on 4 May 21. Despite it, DPCC imposed a heavy environment compensation of Rs 95 Lakh without taking into consideration the reply filed by the petitioner.
Counsel for the petitioner also submitted that the design and capacity of the plant are very few. It has a capacity of 116 MGL but it is treating more than 280 MGL. It also had affluent from domestic household as well.
The bench asked the petitioner's counsel what is the agreement between you and DSIDC. Counsel reply that according to that CETP would treat all the affluent.
Advocate Narender Pal Singh appearing for DPCC argued that the agreement is between DSIDC and CETP operator. We are only concerned with the norms only.
The Counsel for petitioner objected to it saying that the effluent from domestic household get mixed the line of industrial effluent.
The court asked the DPCC counsel if they have checked on this? Do you have a control mechanism? DPCC counsel replied, '' our officer and team regularly check and take action according to the law.
Did you give any hearing to them before passing the order? On this the counsel sought time to seek instruction from the body, Court asked the DPCC counsel.
He again appeared and submitted that the hearing was not given. He also submitted that a hearing will be given to the petitioner.
The bench then disposed off the petition saying that the order of 7 July 21 passed by the respondent was passed with considering the reply filed by the petitioner. It is directed that the respondent will give a personal hearing and will pass a speaking order. The notice of 7 July 21 is set aside.
The court directed that the respondent will inform the petitioner of the time and date of personal hearing within two weeks of this order.