Delhi Pollution Control Committee vs Vikash Bansal

Sanjeev Sachdeva, J

Both the petitions impugn order dated 21.11.2017.

The Delhi Pollution Control Board has filed the appeal against the impugned order dated 21.11.2017 whereby the Appellate Court has set aside the

conviction of the respondent for the offences under Section 24(1)(a), 25 and 26 of the Water Pollution and Control Act, 1974.

Petitioner â€" Vikash Bansal has filed Crl.Rev Petition impugning the order dated 21.11.2017 whereby the Appellate Court has upheld the order of

the Trial Court dated 20.04.2017 upholding the conviction for violating Section 24(1)(b) of the Water Act.

Petitioner was sentenced to undergo three years Simple Imprisonment by the Trial Court which was further modified by the Appellate Court and

reduced to two years SI besides payment of fine of Rs.2 lakhs and to pay Rs.2.5 lakhs to the Prime Minister Relief Fund.

Petitioner has undergone incarceration for a period of 9 days. Parties were referred to mediation. Parties have settle their disputes before the Delhi

High Court Mediation and Conciliation Centre and Settlement Agreement dated 30.10.2018 has been executed. It is recorded in the settlement

agreement that petitioner Vikash Bansal has already deposited Rs.2.5 lakhs with the Prime Minister Relief Fund and has also deposited a sum of Rs.2

lakhs with the Trial Court.

Further he has installed an Effluent Treatment Plant in his premises.

The Settlement Agreement inter alia records as under:

a. The First Party will pay a sum of Rs. 7,50,000/-(Rupees Seven Lacs Fifty Thousand) to DPCC by way of a demand draft/banker's cheque in favor

of DPCC.

b. The First Party will not seek withdrawal of Rs.2,50,000/- (Rupees Two Lakh Fifty Thousand only) deposited by him with the Prime Minister's

Relief Fund vide transaction ID No.201711211000020 dated 21.11.2017, and shall be treated as contribution on behalf of the First Party towards the

Prime Minister's Relief Fund.

c. The First Party shall furnish an irrevocable bank guarantee for a sum of Rs. 5,00,000/- [Rupees Five Lacs] in the format appended to this

Agreement and annexed as Annexure-A which will kept valid/alive for a period of three years from the date issuance of the said bank guarantee.

DPCC shall be at liberty to encash the said bank guarantee in terms of the conditions mentioned in the said bank guarantee. Further, upon expiry of

three years from the date of issuance, the said bank guarantee shall expire and will not be enforced/encashed by DPCC in any manner whatsoever.

d. The First Party shall also furnish an undertaking by way of affidavit in the format appended to this Agreement as Annexure-B.

e. Party shall plant 100 trees as a step for making Delhi City more green and environmentally healthy. These trees shall be planted at the cost of the

First Party on such locations as identified by the concerned department of Horticulture or Forests. Govt. of NCT Delhi, as the case may be.â€​

In terms of the Settlement Agreement, Sh.Vikash Bansal has paid a sum of Rs.7.5 lakhs today in Court vide Demand Draft No.444425 dated

31.10.2018 in favour of Delhi Pollution Control Committee which has been duly accepted by learned counsel appearing for DPCC along with the

original bank guarantee and an undertaking by way of affidavit in favour of DPCC.

Learned counsel for Mr.Vikash Bansal submits that he has been directed to plant 100 trees on the locations to be provided by the Deputy

Conservator of Forests, National Capital Territory of Delhi and he has already moved an application on 15.11.2018 requesting the DFC to specify the

locations where the trees have to be planted.

It is directed that DFC shall also indicate the nature of trees and the size of the trees to be planted.

Mr. Vikash Bansal who is present in Court undertakes that he shall abide by the terms and conditions of the settlement.

The undertaking is accepted.

In terms of the Settlement Agreement, Sh.Vikash Bansal is to withdraw a sum of Rs.2 lakhs deposited with the Trial Court.

The Trial Court is directed to refund the amount of Rs.2 lakhs along with the interest accrued, if any thereon, to Mr.Vikash Bansal.

In view of the above submission, learned counsel for the parties pray that the subject prosecution of the petitioner be quashed.

In view of the submission, the subject complaint filed by DPCC and the proceedings emanating therefrom including the impugned order dated

21.11.2017 of the appellate Court as also the order on conviction dated 20.04.2017 of the Trial Court are set aside. Mr.Vikash Bansal is acquitted of

all the offences.

Petitions are disposed of in the above terms.

Order Dasti under the signatures of the Court Master.