* IN THE HIGH COURT OF DELHI AT NEW DELHI 62 + W.P.(C) 2747/2010 & CM APPL Nos. 5482-83/2010 63 NARENDERAGGARWAL ..... Petitioner versus Through Mr. P.S. Bindra with Mr. Mike Desai, Advocate DELHI POLLUTION CONTROL COMMITTEE & ANR ..... Respondents ThroughMr. Diwakar Sinha with Mr. Vishva Wadhwa, Advocate for NDPL Mr. Rahul Kumar, Advocate with Mr. Dinesh Jindal, ALO for R-1. And + W.P.(C) 2757/2010 & CM APPL Nos. 5492-93/2010 VEENA AGGARWAL ..... Petitioner Through Mr. P.S. Bindra with Mr. Mike Desai, Advocate versus DELHI POLLUTION CONTROL COMMITTEE & ANR ..... Respondents ThroughMr. Diwakar Sinha with Mr. Vishva Wadhwa, Advocate for NDPL Mr. Rahul Kumar, Advocate with Mr. Dinesh Jindal, ALO for R -1. W.P. (C) Nos. 2747/10 & 2757110 page no 114 J Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified % CORAM: JUSTICE S. MURALIDHAR ORDER 26.04.2010 1. Notice. Mr. Rahul Kumar and Mr. Diwakar Sinha, learned counsel accept notice on behalf of Respondent Nos. 1 Delhi Pollution Control Committee ('DPCC') and 2 North Delhi Power Limited ('NDPL') respectively. Wit1 the consent of learned counsel for the parties, the petitions are finally heard. 2. The admitted position in the present cases is that no show cause was issued to the Petitioners by the Respondent regarding the information gathered against the Petitioners till then on the basis of which the correspondence was exchanged between NDPL, Respondent No.2 on the one hand and the DPCC, Respondent No.1 on the other. The impugned direction of closure dated 15th February 2010 and the subsequent instruction 0 dated 15th April 2010 issued by the DPCC directing disconnection of electricity in the Petitioners units is on the basis ·of such information gathered but never communicated to the Petitioners. W.P. (C) Nos. 2747110 & 2757110 page no 214 3. There can be no manner of doubt that prior to closing down of the Petitioners' units the basic principles of natural justice have to be complied with. The impugned order dated 15th February 201 0 and the subsequent instruction issued by DPCC to the NDPL are accordingly untenable in la\v and are hereby set aside. 4. It is directed that the Respondent No.1 DPCC will issue a show cause notice to each of the Petitioners within a period of ten days from today ?: enclosing the materials sought to be relied upon and seek an explanation from the Petitioners, which shall be furnished by each of them to the DPCC within ten days thereafter. Within two weeks of receiving the reply to the show cause notice, an opportunity of hearing will be afforded to each of the Petitioners. Thereafter, within ten days, Respondent No.1 DPCC will pass a reasoned order. The said decision/order will be communicated to each of the Petitioners within one week thereafter. 5. If the Petitioners are still aggrieved, it will be open to them to seek appropriate remedies that may be available to them in accordance with law. W.P. (C) Nos. 2747110 & 2757110 pageno3/4 r. c ' \ 6. With the above directions, the petitions and the pending applications are disposed of. Order be given dasti. APRIL 26, 2010 rk W.P. (C) Nos. 2747110 & 2757110 S.MURALIDHAR, J pageno4/4