DPCC asked against coercive steps to collect penalty
New Delhi, April 15 (IANS) The Delhi High Court on Monday asked the the Delhi Pollution Control Committee (DPCC) not to take any coercive step to recover Rs 1 lakh penalty, slapped by it on persons accused of damaging environment in the Mayapuri area till further orders.
Justice Vibhu Bakhru's order came in response to a plea by Amrik Singh Chawla and 10 others seeking quashing of the April 2 DPCC order. The court asked the DPCC to file its reply by the next hearing on April 26.
The petitioners told the court they were into sale and purchase of motor parts and not into dismantling of old vehicles and were carrying out the business from these premises for over 40 years. Their activities don't contribute to air pollution, they stated.
The petitioners' counsel Kirti Uppal said the DPCC orders don't disclose the violations of the Air (Prevention and Control of Pollution) Act, 1981 or that of Hazardous and Other Wastes (Management and Transboundary Movement) Rules 2016. It neither disclose the provision of law in compliance of which the DPCC have proceeded against the petitioners and levied such hefty penalty.
They alleged the DPCC, assisted by the Delhi Police and paramilitary forces, had initiated arbitrary sealing drive in Mayapuri. Many people were injured in the police action, the petitioner said.
The petitioners claimed the DPCC order was "arbitrary, unfair, unjust, illegal and has been passed without any application of mind." The DPCC also misquoted the orders passed by the National Green Tribunal while issuing the April 2 order, they alleged.
"The order does not highlight the polluting activity that the petitioners being alleged off. The alleged orders issued by the respondent (DPCC) have been issued to more than 500 units in the Mayapuri area of Delhi," read the plea.