The requirement for a hearing before enforcement actions under environmental laws is critical to ensure due process and fairness.

ORDER

1. In this appeal filed under Section 18 of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 (CAQM Act, 2021), appellant has challenged the order dated 09.07.2025 passed under Section 12 (2) (xi) of the CAQM Act, 2021 issued by the Commission for Air Quality Management in National Capital Region and Adjoining Areas (CAQM) directing closure of the Construction/Demolition activities.

2. The case of the appellant is that they are collectively re-constructing a residential house at Plot No. 761, 762, 787, 788 at Sector – 15, Faridabad, Haryana. The construction activity is not for any commercial, industrial or speculative purpose, but the appellants are raising a new residential construction for personal use. The construction activity of the appellant was inspected at the project site on 20.06.2025 by the flying squad of the CAQM and during the inspection following deficiencies/shortcomings at the site were noticed: -

“WHEREAS, it was reported after the inspection that the plot size is more than 500m2 and the project is not registered on the Web Portal of HSPCB and self-certification has not been done by the project proponent. Further, during inspection, dust mitigation measures viz. installation of wind breakers along the project boundary, installation of dust screens around active construction zone and covering of excavated soil were not observed at site, in gross violation of the directions of the Commission and extant statutes;”

3. The CAQM in the impugned order has issued following directions under Section 12 (2) (xi) of the Act: -

“1. The Project Proponent shall immediately close down all activities/

operations related to construction at above said site on receipt of this Direction.

2. The Project Proponent shall immediately thereafter report the closure of the work at the project site to the Commission and Haryana State Pollution Control Board (HSPCB).

3. The Project Proponent, under no circumstances, shall resume the construction /demolition activities at the site without a prior permission and an order of resumption from the Commission.

4. The DHBVNL shall, on receipt of this closure direction shall immediately initiate action towards disconnection of electrical power supply to the site / unit and report the same to the HSPCB and the Commission, at the earliest but not later than 3 days after the issue of this Direction.

5. In case of failure in compliance with the above directions, the Commission will be constrained to initiate appropriate action, in accordance with provisions under the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021 and other relevant laws.”

4. The order of the CAQM provides for the condition for resumption of the construction activities at the site, if the appellant complies it with the following: -

(i) After taking due corrective and preventive measures in respect of the non-

compliances / violations as noted in the closure direction, the project proponent shall report the same to the Regional Officer Faridabad of the Haryana State Pollution Control Board, also under advise to the headquarter office of the HSPCB.

(ii) The Regional Officer, HSPCB shall thereafter verify the corrective and preventive measures initiated by the unit / project proponent and submit a report in this context to the HSPCB headquarter office along with a recommendation for levying of EC charges, as per extant guidelines duly taking cognizance of Standard Schedule for EC charges issued by the Commission vide order dated 01.01.2025.

(iii) The HSPCB shall review the report of the Regional Officer in this context to ascertain effectiveness of actions initiated for compliance, levy appropriate EC charges on the p