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NEW DELHI: The Delhi high court has granted relief to 39 malls, commercial buildings and residential complexes that were fined by the Delhi Pollution Control Committee (DPCC) for causing air and water pollution. A division bench comprising Justice Pradeep Nandrajog and Justice Pratibha Rani upheld a single judge's order and said the DPCC has no power to levy penalties in case it comes across any violations. If the violations are not corrected despite DPCC's inspection, the latter can file criminal complaints against the violators in court, HC said. HC was hearing an appeal filed by DPCC after it lost the case before a single judge. The board had slapped notices to most of the leading builders and realtors in the city for erecting commercial and residential complexes in violation of sections of Water (Prevention and Control of Pollution) Act, Air (Prevention and Control of Pollution) Act, and Environment (Protection) Act. On their part, the builders defended their case, claiming they were not covered under these laws and DPCC illegally levied fine on them. Some of the prominent names against whom the DPCC notices were quashed include DLF Saket, Vasant Kunj Mall, Splendor Forum, TDI Mall at Rajouri Garden and Galleria Shopping Mall at Mayur Vihar. "The power to issue directions under the Water Act and the power to issue directions under the Air Act doesn't confer the power to levy any penalty ...only courts can take cognizance of offences under the Act and levy penalties, role of pollution control boards is to initiate proceedings before the court of competent jurisdiction and no more," the division bench added. |
| SOURCE: The Times of India |
