The Delhi High Court has ordered the Delhi Development Authority (DDA) to deposit with the Delhi Pollution Control Committee (DPCC), an environment damage compensation of ₹50 lakh imposed on it for alleged water contamination of storm water drains on the Samalkha-Dwarka Road here.
The High Court’s order came on DDA’s plea challenging the DPCC’s July 10 decision to impose environment damage compensation of ₹50 lakh on the land owning agency for allegedly spoiling the water quality in the storm water drains.
The court clarified that the deposit would be subject to outcome of the plea moved by the DDA and posted the case for further hearing on November 20.
The urban body contended that the July 10 order of the DPCC was “illegal, arbitrary and unreasonable” as it does not have the jurisdiction to take such a decision.
It contended that unless there was a specific provision in the statute enabling the authority to levy a penalty, it cannot levy any penalty or damages with reference to the general powers provided under the Environment Protection Act.
“It is respectfully submitted that in the present case, the respondent [DPCC] has levied the environmental compensation upon the petitioner [DDA] under the Environment Act, read with the provisions of the Water Act,” the petition also said.
“It is respectfully submitted that neither the Environment Act nor the Water Act provides for a specific power enabling the DPCC to impose a penalty or compensation of such nature. No justification has been given for the quantification of the exorbitant amount of ₹50 lakh levied on the petitioner,” the DDA said.
