Following an appeal against a Delhi Pollution Control Committee (DPCC) order imposing a fine of ₹5 lakh on a shop owner for carrying out industrial activities in a residential area, the National Green Tribunal (NGT) has sought the petitioner’s reply and also directed him to deposit 50% of the fine amount till the matter is resolved.
Taking note of submissions made by the appellant, a Bench headed by NGT chairperson Justice Adarsh Kumar Goel said: “It is seen that the residential premise was being admittedly used as godown for storing manufactured items in the factory operated in non-conforming area in the adjoining premises. It is not explained whether the manufacturing process was legally permissible and non-polluting.”
“Thus, while it is difficult to accept that the appellant is not at all liable when the premises have been admittedly sealed for illegal user, at the same time in the impugned order, there is no specific consideration of stand of the appellant,” the Bench said.
Stating that the appellant either failed to provide a reply or it was not satisfactory, the NGT Bench directed, “We direct that the appellant may deposit 50% of the assessed amount within one month upon which recovery of the remaining amount will remain suspended till the stand of the appellant is duly considered by a speaking order by the DPCC.”
The directions came when the green panel was hearing a plea moved by petitioner Madan Singh who stated that on receiving a recovery notice he had informed the Delhi Pollution Control Committeee that no polluting activities were being carried out in the godown.
