Order of the National Green Tribunal regarding DPCC order on an industrial unit, Delhi, 19/03/2021
Order of the National Green Tribunal in the matter of Rishabh Kumar Jain Vs Delhi Pollution Control Committee & Others dated 19/03/2021.
The appeal was filed against the order of the Delhi Pollution Control Committee (DPCC) requiring the appellant to pay compensation of Rs. 5 Lakhs on ‘Polluter Pays’ principle. According to the impugned order, the appellant was carrying on industrial activity in nonconforming area without requisite consent to operate under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981, as per record of the East Delhi Municipal Corporation (EDMC).
The appellant in reply, December 20, 2019 said that the ground floor was being used for trading/storing the bicycle parts and accessories with valid trade licence and commercial electricity connection. Other floors were being used for residence purpose only. The DPCC never inspected the premises.
The NGT in its order March 19, 2021 directed that the reply of the appellant must also be taken into account and a fresh order passed by the DPCC. In the meanwhile, the till a fresh order is passed "the impugned order would be treated as tentative and not given effect to as final order".