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Gupta Enterprises Vs. Delhi Pollution Control Committee and Anr.

Country/Territory
India
Type of court
National - higher court
Date
Oct 5, 2007
Source
UNEP, InforMEA
Court name
High Court of Delhi
Judge
Ravindra Bhat., S.
Language
English
Subject
Environment gen.
Abstract
In these proceedings under Article 226 of the Constitution of India, the writ petitioners' common grievance is that the Delhi Pollution Control Committee, the first respondent, withdrew authorization and permission to engage in industrial activity, in terms of The Environment Protection Act, 1986, the Air (Prevention and Control of Pollution) Act, 1981 and the Hazardous Waste (Management and Handling) Rules, 1989. Petioners submitted that the impugned orders are unsustainable, because they were not preceded with show cause notice or reasonable opportunity. The facts reveal that the Delhi Pollution Control Committee, pursuant to inspections, said to have taken place in 2005, issued the impugned orders, resulting in closure or direction to close these industrial units immediately, calling for invocation of emergency powers. Indisputably, the action was not preceded by show cause or hearing to the petitioners It is well settled that every administrative or executive order, which affects or adversely impacts on the rights of an individual, should be preceded by a fair procedure, thereby implying notice, a right to represent against the proposed action and some opportunity of hearing, unless there is imminent or irreversible injury to public interest. Moreover, there is admittedly a considerable time lag between the inspection, carried out in 2005 and the impugned order. This shows prima facie that there was no such urgency or emergency, which could be termed as 'imminent' injury to public interest if rules of natural justice were followed. However, instead of quashing the impugned orders, the judge is of the opinion, having regard to the nature of the concerns expressed by the respondents on the public importance of the enforcement of environmental standards, that the impugned order, instead of being treated as directions or orders of closure, and/or withdrawal of authorizations/ cancellations of license, should be treated as a show cause notice. The petitioner shall file its reply to such show cause notice within 3 days. The respondent Delhi Pollution Control Committee shall grant minimum opportunity of hearing to the petitioner and thereafter issue speaking orders. The entire process shall be completed within three weeks.
Full text
COU-156257.pdf