Buyer of ‘red category’ unit appeals for removal of Rs 50L fine

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The National Green Tribunal, while hearing an appeal filed by a person who bought the property of a ‘red category’ unit which had to pay an environmental cost of Rs 50 lakh, said the order to impose the fine will not be enforced till the Delhi Pollution Control Committee looks into the plea to verify the matter.

The bench headed by NGT chairperson Adarsh Kumar Goel was hearing the plea, in which the appellant Tara Devi stated that the order is being executed against her and thus she is aggrieved.

As per the plea, she purchased the property in 2009 from the owner of the property where Venus Dyeing Works was operating as a tenant. The unit stopped working after the purchase of the property by the appellant. Still, the property was sealed in October 2018, it said.

The NGT order, dated February 24, said the appeal has been preferred against the order of the Delhi Pollution Control Committee (DPCC) dated July 5, 2020, levying environmental compensation of Rs 50 lakh against Venus Dyeing Works, Haiderpur in Delhi. The order mentions that the unit was found engaged in ‘red’ category activity in a non-conforming area. A show-cause notice was issued but no reply was filed.

“We have considered the matter. As far as sealing is concerned, the appeal is not maintainable before the Tribunal against the order of the SDM. Thus, we are not considering that aspect without prejudice to such matter being considered before an appropriate forum. Even the issue of compensation cannot be considered as there is no order against the appellant. However, by way of clarification, the impugned order may not be enforced against the appellant till DPCC looks into the stand of the appellant that it has no concern with the alleged law violator – Venus Dyeing Works, against whom the impugned order has been passed,” the NGT order said.

Accordingly, the matter has been disposed of.

20220226-143002

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