Tribunals and CommissionsFull Bench(2022) 02 NGT CK 0058

Smt. Tara Devi vs Delhi Pollution Control Committee & Ors

National Green Tribunal · Decided on 24 February 2022

HON’BLE JUDGES
Adarsh Kumar Goel, Cp · Brijesh Sethi, Jm · Dr. Nagin Nanda, Em · Prof. A. Senthil Vel, Em · Dr. Vijay Kulkarni, Em · Dr. Afroz Ahmad, Em
RESULT
Disposed Of
CASE NUMBER
Appeal No. 10 Of 2022 (I.A. No. 43 Of 2022)

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Judgment

6 paragraphs · 273 words
1.

This appeal has been preferred against order of Delhi Pollution Control Committee (DPCC) dated 05.07.2020 levying environmental compensation of Rs. 50 lacs against M/s. Venus Dyeing Works, 37-38, Govind Mohalla, Haiderpur, Delhi-110052. The order mentions that the unit was found engaged in ‘red’ category activity in a non-conforming area. A show cause notice was issued but no reply was filed.

2.

This appeal is not by Venus Dyeing Works and is thus not maintainable as such. However, it is stated that the order is being executed against the appellant and thus the appellant is aggrieved. Case of the appellant is that she purchased the property in 2009 from the owner of the property where M/s. Venus Dyeing Works was operating as tenant. M/s. Venus Dyeing Works stopped working after purchase of the property by the appellant. Still, the property was sealed in October 2018.

3.

We have considered the matter. As far as sealing is concerned, the appeal is not maintainable before the Tribunal against order of the SDM. Thus, we are not considering that aspect without prejudice to such matter being considered before appropriate forum. Even the issue of compensation cannot be considered there being no order against the appellant. However, by way of clarification, the impugned order may not be enforced against the appellant till DPCC looks into the stand of the appellant that it has no concern with the alleged law violator - Venus Dyeing Works, against whom the impugned order has been passed.

The appeal is disposed of.

IA No. 43/2022 also stands disposed of.

A copy of this order be forwarded to DPCC by e-mail for compliance.