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No action against Mayapuri traders till next hearing: Delhi HC to DPCC

New Delhi Apr 15 : The Delhi High Court on Monday passed an interim order directing no coercive action by the Delhi Pollution Control Committee (DPCC) in the Mayapuri traders issue till May 26, the next date of hearing.

A single judge bench of Justice Vibhu Bakhru directed DPCC to not take any action and maintain the status quo till the next date of hearing against the traders, who approached the court against the pollution control body's order directing them to pay a penalty of Rs one lakh for causing environmental pollution by engaging in scrapping activity in Mayapuri.

Justice Bakhru also issued a notice to DPCC, Delhi government and Delhi Development Authority (DDA) and sought a response from them over the plea.

During the course of hearing, senior advocate Kirti Uppal appearing for the petitioners told the court that the orders issued by the DPCC do not disclose the violations of the Air (Prevention and Control of Pollution) Act, 1981 or that of Hazardous and Other Wastes (Management and Transboundary Movement) Rules 2016.

The counsel for the petitioners further said that orders do not disclose the provision of law in compliance of which the DPCC have proceeded against the petitioners and levied such hefty penalty.

Traders of the Mayapuri Industrial area had knocked the doors of the high court seeking relief against the DPCC order directing the petitioners to pay hefty fine for causing environmental damage.

The plea alleged that DPCC assisted by the police and paramilitary forces initiated an arbitrary sealing drive in Mayapuri area. "The unfortunate turn of events, on the sorrowful occasion of the centenary of the Jallianwallah Bagh massacre, led to clashes in the area which worsened the law and order problem," the plea said.

"At the outset, it is submitted that the order dated 2.04.2019 issued by the Respondent is arbitrary, unfair, unjust, illegal and has been passed without any application of mind. It has been averred that units are directly or indirectly either in connivance or themselves engaged in environmental polluting activities mostly in open area around their allotted plots," the plea added.

The petitioners further submitted that DPCC has gone to an extent wherein they have misquoted the orders passed by the NGT while issuing its April 2 order. "This conduct of the Respondent is not limited to non-application of mind but displays their malafide intent," the plea said.

Clashes broke out between locals and police personnel in Delhi's Mayapuri area on Saturday after MCD officials began to seal some illegal factories in the area following National Green Tribunal's order.

Videos from the incident show protesters clashing with security forces, pelting stones at them and then being chased down by them.

According to police, 14 persons, including an Assistant Commissioner of Police (ACP) and three other police personnel were injured in the clashes.

The sealing drive was started by SDM Delhi Cantonment along with the staff of MCD and Delhi Pollution Control Committee in Mayapuri scrap market in pursuance of NGT orders.

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No action against Mayapuri traders till next hearing: Delhi HC to DPCC

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