DELHI POLLUTION CONTROL COMMITTEE Vs. OSHO UPWAN

JUDGEMENT

(1.) THE petition impugns the order dated 17th February, 2011 of the Financial Commissioner acting as an Appellate Authority under the Water (Prevention & Control of Pollution) Act, 1974, on an appeal preferred by the Respondent.

(2.) THE Petitioner had vide order dated 29th January, 2010 in exercise of powers under Section 33(A) and Section 31(A) of the Act directed the Respondent to close down its unit namely M/s Osho Upwan, Palla Bhakhtawar Road, Delhi with immediate effect and also directed, MCD to cancel the licence granted to the Respondent and prosecution for failure to close the unit and further directed NDPL & DJB to disconnect the electricity and water supply.

(3.) THE Financial Commissioner has in the order impugned in this petition held that the directions aforesaid were issued by the Petitioner without giving any opportunity of being heard to the Respondent and has set aside the directions issued by the Petitioner vide order dated 29th January, 2010 with liberty to the Petitioner to pass appropriate orders after affording a reasonable opportunity of being heard to the Respondent.