\ $-*IN TI{E HIGH COURT OF DELHI AT NEW DELHI 70+ w.P.(c) 7780/2010 & cM APPL 2016012010 SUPER CASTING & ANR ..... Petitioners Through Mr. T.S. Ahuja with Mr. Satish Kumar, Advocate VETSUS DELHI POLLUTION CONTROL COMMITTEE & ANR ..... ResPondents Through Mr. Sanjeev Ralli with Mr. Sandeep Anand, Advocate for R-1. Mr. Anjum Javed with Mr. Ali Afsal, Advocate for R-2 with 7T+ w.P.(c) 778u2010 & cM APPL 2016112010 SUPER ENTERPRISES ..... Petitioner Through Mr. T.S. Ahuja with Mr. Satish Kumar, Advocate DELHI POLLUTION CONTROL COMMITTEE & ANR ..... ResPondents Through Mr. Sanjeev Ralli with Mr. Sandeep Anand, Advocate for R-1. Mr. Anjum Javed with Mr. Ali Afsal, Advocate for R-2 with + w.P.(c) 778212010 & cM APPL 20162/2010 j\OS. NAV BHARAT CASTING ..... Petitioner Through Mr. T.S. Ahuja with Mr. Satish Kumar, Advocate VCTSUS DEI,I{I POLLUTION CONTROL COMMITTE,E WP (Civil) 7780/2070 & batch Page 7 of 6 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 & ANR ..... Respondents Through Mr. Sanjeev Ralli with Mr. Sandeep Anand, Advocate for R-1. Mr. Anjum Javed with Mr. Ali Afsal, Advocate for R-2 with 73+ w.P.(c) 778312010 & cM APPL 201,6312010 i\4/S. BHARAT CASTING ..... Petitioner Through N4r. T.S. Ahuja with Mr. Satish Kumar, Advocate VETSUS DELHI POLLUTION CONTROL COMMITTEE & ANR ..... ResPondents Through Mr. Sanjeev Ralli with Mr. Sandeep Anand, Advocate for R-1. Mr. Anjum Javed with Mr. Ali Afsal, Advocate for R-2 with 74+ w.P.(c) 778412010 & cM APPL 201641201,0 i\4/S. SANJAY FOUNDRY ...'. Petitioner Through Mr. T.S. Ahuja with Mr. Satish Kumar, Advocate DELHI POLLUTION CONTROL COMMITTEE & ANR ..... ResPondents Through Mr. Sanjeev Ralli with Mr. Sandeep Anand, Advocate for R-1. Mr. Anjum Javed with Mr. Ali Afsal, Advocate for R-2 with 75+ w.P.(c) 778s120r0 & cM APPL 20r6s120r0 IWS. ASI{A FOLINDRY ..... Petitioner Through Mr. T.S. Ahuja with Mr. Satish Kumar, Advocate wP (Civil) 7780/2070 & batch Pdge 2 of 6 VETSUS DELHI POLLUTION CONTROL COMMITTEE & ANR ..... ResPondents Through Mr. Sanjeev Ralli with Mr. Sandeep Anand, Advocate for R-1. Mr. Anjum Javed with Mr. Ali Afsal, Advocate for R-2 with 76+ w.P.(c) 7786t20r0 & cM APPL 2016612010 \4/S. ADARSH ENTERPRISES ..... Petitioner Through Mr. T.S. Ahuja with Mr. Satish Kumar, Advocate VETSUS DELHI POLLUTION CONTROI, COMMITTEE & ANR ..... ResPondents Through Mr. Sanjeev Ralli with Mr. Sandeep Anand, Advocate for R-1. Mr. Anjum Javed with Mr. Ali Afsal, Advocate for R-2 with 77+ w.P.(c) 778712010 & CM APPL 2016712010 \zVS. AMRIT FOUNDRY ..... Petitioner Through Mr. T.S. Ahuja with Mr. Satish Kumar, Advocate VETSUS DELHI POLLUTION CONTROL COMMITTEE & ANR ..... Respondents Through Mr. Sanjeev Ralli with Mr. Sandeep Anand, Advocate for R-1. Mr. Anjum Javed with Mr. Ali Afsal, Advocate for R-2 And 78+ w.P.(c) 778812010 & cM APPL 2016812010 wP (Civit) 7780/2070 & hatch Page 3 of 5 \ o NOS. ASFIA FOUNDRY ..... Petitioner Through Mr. T.S. Ahuja with Mr. Satish Kumar, Advocate VETSUS DELHI POLLUTION CONTROL COMMITTEE & ANR rhrough Mr. sanjeev Raui with IG. mto:lf,'fi'*o, Advocate for R-1. Mr. Anjum Javed with Mr. Ali Afsal, Advocate for R-2 CORAM: JUSTICE S. MURALIDHAR ORDER 22.11.2010 w.P.(o 7780/2010 & CM APPL 20160/2010 w.P.(o 778112010 & cM APPL 2016112010 w .P.(c\ 778212010 & cM APPL 2016212010 w.P.(o 7783/2010 & CM APPL 20163/2010 w.P.(c\ 7784/20tO & CM APPL20L64/2010 w.P.(o 778sl2010 & CM APPL 2016s/2010 w.P.(o 778612010 & cM APPL 2016612010 w.p.rc\ 778712010 & cM APPL20l67l20l0 w.p.(o 7788/2010 & CM APPL 20168/2010 1. These. petitions challenge more or less similar'closure orders of the Petitioners' units passed by Delhi Pollution Control Committee ('DPCC') under Section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981 ('Air Act'). 2. According to the DPCC these Petitioners who have been carrying on the activity of foundry for a long time are not complying with the pollution control noffns. Further these foundry units are under the prohibited category of activities as per the Master Plan for Delhi 202I. Inspections were carried out but, admittedly, none of the Petitioners was served with a copy of the wP (Civil) 7780/2070 & bqtch Page 4 of 6 ? respective inspection report on the basis of which the impugled closure order was passed. 3. In the considered view of this Court, on this short ground, that none of these Petitioners was given a copy of the inspection report, which formed the basis of the impugned direction for closure, the direction for closure cannot be sustained in law and deserves to be set aside. It is ordered accordingly. 4. The next question that arises is of the consequential order that has to be passed. Keeping in light similar orders passed by this Court on 19th October 2010 in Writ Petition (Civil) No. 6975 of 2010 (White Mschines v. DPCC) and 25th October 20LO in Writ Petition (Civil) No. 7107/2010 (Anupom Casting and Engineering Works v. DPCC), this Court considers it appropriate to direct as under: (i) the DPCC will treat the impuped orders in each of the cases be treated as a show cause notice issued to each of the Petitioners by the DPCC. (ii) It will be open to the DPCC to undertake an inspection of the Petitioners' premises within ten days from today without any prior intimation to the Petitioners. Any further inspection report will be got signed by gach of Petitioners and a copy furnished to each of them and an order will thereafter be passed after giving the Petitioners an opportunify of being heard. WP (civil) 7780/2070 & batch Page 5.of 6 ^/L\ \) fi1e for (iii) In the meanwhile, it will be open to each of Petitioners to objections to the inspection report, handed over to learned counsel Petitioners in Court today, within one week. (iv) Atty consequential order that may be passed by the DPCC pursuant to the above directions will be communicated to each of Petitioners within ten days after it is passed. (v) If aggrieved by such order, it will be open to each of the Petitioners to seek such remedies as provided under the Air Act. 5. It may be recorded at this stage that learned counsel for the Petitioners on instructions stated that none of Petitioners will carry on any activity in their respective foundries till 31't December 2010 or till they receive the order of the DPCC passed in terms of this order, whichever is earlier. 6. The writ petitions are disposed of with the above directions. The pending applications are also disposed of. 7. Order be given dasti. \# -,'u U/ S.MURALIDHAR, J NOVEMBER 22,2olo rk Page 6 of 6 wP (civil) 7780/2070 & bdtch