ARUN KUMAR SARAF Vs. DELHI POLLUTION CONTROL COMMITTEE

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by the original petitioner whose writ petition being W.P.(C) 7829/2019 was dismissed by the learned Single Judge vide judgment and order dated 22nd July, 2019 mainly on the ground that the order under challenge in the writ petition which was dated 26th June, 2019 passed by the Delhi Pollution Control Committee whereby fine was imposed as an interim compensation of Rs. 1,50,35,700/- was an appealable order under the Air (Prevention and Control of Pollution) Act, 1981 as well as under the Water (Prevention and Control of Pollution) Act, 1974 before the National Green Tribunal.

(2.) Counsel for the appellant (original petitioner) has placed reliance on a decision of the Hon'ble Supreme Court reported at 2019 SCC OnLine SC 221 Tamil Nadu Pollution Control Board v. Sterlite Industries (I) Ltd. (Civil Appeal No. 4763-4764/2013). For ready reference, paras 41 and 56 of the aforesaid decision read as under:

(3.) In view of the aforesaid decision, the writ petition preferred by this appellant was tenable in law. Hence, we hereby quash and set aside the judgment and order dated 22nd July, 2019 delivered by the learned Single Judge in W.P.(C) 7829/2019 and the writ petition is revived by the original number and the same will be decided by the learned Single Judge in accordance with law.