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2017 Supreme(Del) 859
IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJEEV SACHDEVA, J.
M/S SAPPHIRE FOODS INDIA PRIVATE LIMITED – Petitioner
Versus
THE SECRETARY, DELHI POLLUTION CONTROL COMMITTEE AND ORS. – Respondents
W.P.(C) 2154 of 2017
Decided On : 10-03-2017
For the Petitioner: Mr. Abhay Kumar
For the Respondent: Mr. Sanjeev Rali and Mr. Prabhav Ralli, Mr. Mukesh Gupta, Mr. Chetan Gautam and Mr. Praney Jain, Mr. Sangram Singh
Important Point – No indulgence can be shown towards habitual environment polluters.
Headnote:Water (Prevention and Control of Pollution) Act, 1974 – Sections 25/26 and 33A – Air (Prevention and Control of Pollution) Act, 1981 – Sections 21 and 31A – Environmental pollution – Direction to close down unit – Petitioner had not made necessary compliances under Air and the Water Act on the date when last inspection was carried out – Petitioner has tried to circumvent provisions of Water Act by installing a bypass system to ETP – Petitioner is not a person who can be granted any indulgence – Writ petition dismissed.
SANJEEV SACHDEVA, J.
W.P.(C) 9367/2017(exemption)
Allowed, subject to all just exceptions.
W.P.(C) 2154/2017 & CM No.9368/2017(stay)
1. The petitioner impugns order dated 13.02.2017, whereby the respondent No.1 – Delhi Pollution Control Committee has directed the petitioner to close down the Unit with immediate effect. The concerned authority, i.e., the New Delhi Municipal Council (NDMC) has been directed to disconnect the electricity and water supply to the petitioner with immediate effect.
2. The said order has been passed under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as ‘the Water Act’) and Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as ‘the Air Act’) on the premise that the mandatory provisions of Section 21 of the Air Act as well as Section 25/26 of the Water Act have not been complied with.
3. Section 25(1) of the Water Act read as under:-
25. Restrictions on new outlets and new discharges
(1) Subject to the provisions of this section, no person shall, without the previous consent of the State Board
(a) establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land (such discharge being hereafter in this section referred to as discharge of sewage); or
(b) bring into use any new or altered outlet for the discharge of sewage; or
(c) begin to make any new discharge of sewage:
PROVIDED that a person in the process of taking any steps to establish any industry, operation or process immediately before the commencement of the Water (Prevention and Control of Pollution) Amendment Act, 1988, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent, within the said period of three months, till the disposal of such application.
xxxx xxxx xxxx xxxx
4. Section 21(1) of the Air Act read as under:-
21. Restrictions on use of certain industrial plants.
(1) Subject to the provisions of this section, no person shall, without the previous consent of the State Board, establish or operate any industrial plant in an air pollution control area :
Provided that a person operating any industrial plant in any air pollution control area, immediately before the commencement of section 9 of the Air (Prevention and Control of Pollution) Amendment Act, 1987, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from such commencement or, if he has made an application for such consent within the said period of three months, till the disposal of such application.]
5. In terms of Section 21(1) of the Air Act, no person, without the previous consent of the State Board, is to establish or operate an industrial plant in an air pollution control area.
6. ‘Industrial Plant’ has been defined under Section 2(k) of the Air Act to mean any plant used for any industrial or trade purposes and emitting any air pollutant into the atmosphere.
7. Under Section 25 of the Water Act, no person, without the previous consent of the State Board, can establish or take any steps to establish any industry, operation or process, or any treatment and disposal system or any extension or addition thereto, which is likely to discharge sewage or trade effluent into a stream or well or sewer or on land.
8. The petitioner, in the present case, has set up a Restaurant under the name and style of ‘KFC Sapphire Foods India Private Limited’.
9. Admittedly, the petitioner has not applied for permission in terms of Section 21 (1) of the Air Act and Section 25 (1) of the Water Act.
10. On 07.03.2017, when the petition was listed, the categorical stand of the petitioner was that the petitioner has complied with the requirements of
