Delhi HC grants ‘conditional’ relief to traders
TNN | Updated: Apr 17, 2019, 06:11 IST
DPCC had issued notices to 765 units, but only six were to be sealed on SaturdayNEW DELHI: Delhi high court on Tuesday granted protection to scrap dealers from the Mayapuri industrial area and stayed a notice to vacate premises issued by the local administration last week.
Two separate benches of HC granted similar orders to a section of traders and scrap dealers from the area on petitions filed by them in court.
A day before sealing drive by Delhi Pollution Control Committee and local administration, the latter had issued a 48-hour deadline to scrap dealers in Mayapuri to vacate their premises and put a stop to any polluting activity and comply with directions of NGT.
The public notices, pasted outside the units late on Saturday, were issued in the name of the sub-divisional magistrate (Delhi Cantt), New Delhi district. Traders were also warned “not to pose any hindrance or obstruction in complying with the directions, failing which action will be taken.”
Justice Vibhu Bakhru stayed the public notice on a plea filed by a section of traders who had challenged it on various grounds. Later in the day, a bench of Justice Sanjeev Sachdeva also gave protection to a group of scrap dealers, who had approached court against the public notices.
Justice Sachdeva gave the relief after the dealers gave an undertaking to remove any scrap material spilling on the road or public spaces. HC also clarified that its protection doesn’t extend to “any encroachment by the petitioners on public spaces or to any material placed beyond the four corners of their premises.”
HC said its stay also won’t be applicable to any polluting activity carried in violation of laws. On Monday, Justice Bakhru had given partial relief to traders from the area by asking DPCC not to take coercive steps against them till April 26.
DPCC had asked hundreds of traders to pay Rs 1 lakh each in damages for causing pollution by engaging in scrapping activity in west Delhi that erupted in violence on Saturday morning when at least 30 people, including policemen, were injured after the scrap dealers clashed with a team of officials sent to seal the illegal units. DPCC had issued notices to 765 units that were not following norms, but only six could be sealed on Saturday as the situation quickly spiralled out of control.
Two separate benches of HC granted similar orders to a section of traders and scrap dealers from the area on petitions filed by them in court.
A day before sealing drive by Delhi Pollution Control Committee and local administration, the latter had issued a 48-hour deadline to scrap dealers in Mayapuri to vacate their premises and put a stop to any polluting activity and comply with directions of NGT.
The public notices, pasted outside the units late on Saturday, were issued in the name of the sub-divisional magistrate (Delhi Cantt), New Delhi district. Traders were also warned “not to pose any hindrance or obstruction in complying with the directions, failing which action will be taken.”
Justice Vibhu Bakhru stayed the public notice on a plea filed by a section of traders who had challenged it on various grounds. Later in the day, a bench of Justice Sanjeev Sachdeva also gave protection to a group of scrap dealers, who had approached court against the public notices.
Justice Sachdeva gave the relief after the dealers gave an undertaking to remove any scrap material spilling on the road or public spaces. HC also clarified that its protection doesn’t extend to “any encroachment by the petitioners on public spaces or to any material placed beyond the four corners of their premises.”
HC said its stay also won’t be applicable to any polluting activity carried in violation of laws. On Monday, Justice Bakhru had given partial relief to traders from the area by asking DPCC not to take coercive steps against them till April 26.
DPCC had asked hundreds of traders to pay Rs 1 lakh each in damages for causing pollution by engaging in scrapping activity in west Delhi that erupted in violence on Saturday morning when at least 30 people, including policemen, were injured after the scrap dealers clashed with a team of officials sent to seal the illegal units. DPCC had issued notices to 765 units that were not following norms, but only six could be sealed on Saturday as the situation quickly spiralled out of control.
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