ASHOK KUMAR CHHABRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners who claim to be the owners of what is commonly known as Mobile Bitumen Concrete Mixing Plant filed a writ petition against the Union of India and Delhi Pollution Control Committee besides others for a direction to the respondents not to interfere in any manner in the working of that plant. It appears that the Supreme Court holding that the running of such plants was hazardous and noxious and, therefore, required to be immediately stopped, had passed orders for relocation of such plants including the plant of the petitioners. The petitioners in the writ petition in question took the position that as they had adopted a modern technology with an inbuilt pollution control devices their plant could neither be held as hazardous nor noxious. Their grievance was that as their plant was non-polluting the authorities could not legally act under the Air Prevention and Control of Pollution Act, 1981.

(2.) On September 24, 1997 when the matter was taken up by Hon. Mr. Justice Arun Kumar it was found that the impugned order was appealable and that the petitioners had actually filed an appeal but before a wrong Forum. A direction was thus given that another copy of the appeal be placed before the Appellate Authority which could decide the appeal on merit in accordance with law after affording an opportunity to the petitioners of personal hearing. Consequent upon that order the Counsel for the petitioners sought permission to withdraw the writ petition with liberty to seek appropriate remedy in case of any cause arising for the same. The writ petition was accordingly dismissed as withdrawn.

(3.) However, much after the dismissal of the writ petition, the petitioners moved CM108/97 alleging that although the appeal filed by the petitioners was still pending disposal, the authorities were taking steps to seal their unit and in that connection had issued orders on 10th December, 1997. They sought stay of the operation of the said order.