DELHI HIGH COURT
D.N.PATEL, C.HARI SHANKAR
Arun Kumar Saraf – Appellant
Versus
Delhi Pollution Control Committee – Respondent
ORDER
D.N. Patel, Chief Justice (Oral)
LPA 496/2019
1. This Letters Patent Appeal has been preferred by the original petitioner whose writ petition being W.P.(C) 7829/2019 was dismissed by the learned Single Judge vide judgment and order dated 22nd July, 2019 mainly on the ground that the order under challenge in the writ petition which was dated 26th June, 2019 passed by the Delhi Pollution Control Committee whereby fine was imposed as an interim compensation of Rs.1,50,35,700/- was an appealable order under the Air (Prevention and Control of Pollution) Act, 1981 as well as under the Water (Prevention and Control of Pollution) Act, 1974 before the National Green Tribunal.
2. Counsel for the appellant (original petitioner) has placed reliance on a decision of the Hon'ble Supreme Court reported at 2019 SCC OnLine SC 221, Tamil Nadu Pollution Control Board v. Sterlite Industries (I) Ltd., (Civil Appeal No. 4763-4764/2013). For ready reference, paras 41 and 56 of the aforesaid decision read as under :
"41. We have referred to the orders dated 12.04.2018, 23.05.2018, and 28.05.2018 passed by the TNPCB under Sections 33A and 31A of the Water Act and Air Act respectively. At this jun
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