LAWS(DLH)-2012-1-66

DELHI POLLUTION CONTROL COMMITTEE Vs. SPLENDOR LANDBASE LTD

Decided On January 23, 2012
DELHI POLLUTION CONTROL COMMITTEE Appellant
V/S
SPLENDOR LANDBASE LTD Respondents

JUDGEMENT

(1.) A batch of 38 writ petitions was decided by a learned Single Judge vide order dated September 30, 2010. The said decision has been followed subsequently by another learned Single Judge. Instant appeals lay a challenge to the said decisions pronounced by the learned Single Judges of this Court; and since the reasoned decision is the one which was pronounced on September 30, 2010, learned counsel for the parties conceded that it is said decision which needs to be reflected upon by us in the appeal(s).

(2.) WRIT petitions were filed challenging notices issued by the Delhi Pollution Control Committee (DPCC) to the writ petitioners or penalties levied, which were paid under protest or bank guarantees submitted by the writ petitioners, which were under threat of being invoked. The petitions have succeeded, not in full, but in part. Directions have been issued to DPCC to take action afresh and guided by the decision of the learned Single Judge.

(3.) SECTION 2(g), 2(gg), 2(k), relevant part of SECTION 25 and SECTION 33A of The Water (Prevention and Control of Pollution) Act, 1974 read as under:-