HC restrains CPCB from coercive action against DDA over Rs 1 cr fine on it

The Delhi High Court has restrained the Central Pollution Control Board from taking any coercive action against land owning agency DDA pursuant to Rs 1 crore fine imposed on it for alleged non-compliance of the Graded Response Action Plan.

The CPCB had in February imposed an environmental compensation of Rs 1 crore on the Delhi Delhi Authority (DDA) by holding it responsible for open burning and dumping of waste, including plastic as well as construction debris, illegal running of plastic industries and lack of regular sweeping of roads in Narela, Bawana, Patparganj and Okhla industrial areas here.

Justice Vibhu Bakhru, while restraining the board from taking any coercive steps against the DDA, issued a notice to the Central Pollution Control Board (CPCB) and sought its reply on the plea by the land owning agency challenging the imposition of the fine.

The DDA, in its plea filed through advocate Kush Sharma, has claimed that without taking into consideration its replies in response to the fine and the remedial measures taken by it, the board in April reiterated its demand for Rs 1 crore compensation.

In its petition, the DDA has contended that the CPCB does not have the power to impose an environmental compensation, akin to a penalty, under the Air Act.

It has also claimed that the board gave no justification for arriving at such an "exorbitant" amount and no prior show cause notice was issued before levy of the fine for alleged acts of air pollution.

The DDA has further contended that the industrial areas of Bawana, Narela and Patparganj do not come under its jurisdiction as they were being maintained by the Delhi State Industrial and Infrastructure Development Corporation Ltd (DSIIDC).

"Further, the concerned MCDs (NDMC and EDMC) do not empty the waste dumped by the industrial units. It is therefore due to lack of proper arrangement for dumping of industrial waste, garbage, plastic, on the part of DSIIDC and the MCDs that the same is being dumped on the lands or plots of the petitioner (DDA) during the night hours by factory owners and industry workers," the petition has claimed.