Mrs Kaneez vs Delhi Pollution Control Committee

This M.A has been filed in the disposed of Appeal No. 08/2023 with the prayer for a direction to the Respondents to de-seal the premises of the Applicant.

Appeal  No.  08/2023  was  preferred  aggrieved  with  the  levy  of compensation of Rs. 2,00,000/- on polluter pay principle by the Delhi Pollution Control Committee (DPCC) by the order dated 13.07.2020 followed by the order dated 01.04.2022 rejecting the appellants representation for reconsideration of the earlier order.

Tribunal by order dated 15.05.2023 had partly allowed the appeal and reduce the amount of compensation to Rs. 25,000/- payable within two months and in default the DPCC was permitted to take coercive measures as per law. In the order passed in Appeal, there was no direction for sealing the premises nor it is the case of the applicant that the premises has been sealed for non-compliance of the order of the Tribunal dated 15.05.2023.

Learned counsel for the Applicant has referred to the order of the High Court dated 01.04.2022 passed in W.P.(C) 8611/2022 quoted in paragraph 3 of the order of the Tribunal dated 15.05.2023 and has submitted that, the liberty has been granted by the High Court to approach the Tribunal for de-sealing. On the basis of such liberty, though the applicant can approach the Tribunal by filing an appropriate application in accordance with law but he cannot be permitted to file an M.A in a disposed of Appeal wherein the issue of de-sealing was not under consideration.

Applicant has also placed on record order of the Hon’ble Supreme Court of India dated 07.05.2004 passed in Writ Petition (Civil) 4677 of 1985 in the matter of M.C. Mehta Vs. Union of India, but from that order also he could not point out as to how such an application in disposed of appeal can be maintained.

Hence, we do not find this M.A to be maintainable in disposed of Appeal, which is accordingly dismissed, however with liberty to the applicant to take such other measures as are permissible in law.