BHARTI REALTY LTD Vs. DELHI POLLUTION CONTROL

JUDGEMENT

(1.) THE petitioner in W.P.(C)465/2011 acquired Plot No.1 Shopping Mall, Vasant Kunj, New Delhi from the DDA and after obtaining inter alia Environment Clearance dated 28 th November, 2006 from the Ministry of Environment & Forests has raised construction of its corporate office thereon. THE writ petition has been filed impugning the order dated 31 st October, 2008 of the respondent Delhi Pollution Control Committee (DPCC) directing the petitioner to pay Environmental Damages of 0.5% of the total project cost of `90 crores and to furnish a Bank Guarantee, also of 0.5% of the total project cost of `90 crores, valid for three years. Though the petitioner had in compliance of the said order paid the damages of `45 lacs and furnished the Bank Guarantee for `45 lacs but this writ petition has been filed seeking refund of the said `45 lacs and return of the Bank Guarantee, owing to this Court in Splendor Landbase Ltd. v. Delhi Pollution Control Committee 173 (2010) DLT 52 having held that the respondent DPCC is not empowered to levy such damages and/or to demand such Bank Guarantee.

(2.) THE petitioner in W.P.(C)1041/2011 is a Developer of a hotel at Plot No.27, Lodhi Road, New Delhi and similar damages of `2 crores were levied on it also vide order dated 6 th February, 2008 which were paid. Buoyed by the judgment of this Court in Splendor (supra), the writ petition claiming refund of `2 crores has been filed. Though the Bank Guarantee was also obtained from the said petitioner but the same has since been returned.

(3.) THE counsel for the respondent DPCC has at the outset stated that the respondent DPCC has preferred an intra court appeal against the judgment of the Single Judge in Splendor and other connected petitions and which is listed next before the Division Bench on 24 th August, 2011. It was argued that the present petitions be adjourned till the decision of the appeal aforesaid.