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Judgment
The application is against the order of the DDA dated 17.10.2020 imposing fine of Rs. 50,000/- purporting to be in compliance of order of this Tribunal dated 15.01.2015, O.A. No. 06/2012, Manoj Mishra v. UOI & Ors. Though strictly speaking OA is not maintainable, we treat the same as application in OA 6/2012 as the impugned order purports to have been passed in view of order of this Tribunal.
According to the applicant it has been wrongly alleged that the applicant was disposing of plastic bottles into river Yamuna. He merely transporting the plastic for sale. Order of this Tribunal has been wrongly invoked without considering the view point of the Applicant.
We find merit in the contention that the order does not consider the stand of the applicant which is based on one sided version that there was dumping of malba in the river/flood plain, without any opportunity to the applicant to present its defence, as per principles of natural justice.
Accordingly, we direct that the impugned order be treated as notice to the applicant to which the applicant may give his reply within two weeks. The DDA may pass appropriate order, after considering the stand of the applicant in accordance with law, within two months. The application is disposed of accordingly.
Since we have not issued notice to the DDA, if DDA is aggrieved it is at liberty to move this Tribunal.
A copy of this order be forwarded to the DDA by e-mail.