Allowed

Ankush Arora v. Chandigarh Pollution Control Committee

NGT16 Mar 2022Appeal No. 12/2022

Case brief

AI extract

What is this about?

The appellant challenged an order disconnecting electricity and sealing premises due to unpaid plastic ban compensation. Since the compensation was already paid by March 15, 2022, the Tribunal set aside the coercive measures and ordered reconnection and de-sealing.

What did the court decide?

The impugned order of disconnection of electricity and sealing is set aside; electricity to be reconnected and premises de-sealed.

Ankush Arora vs Chandigarh Pollution Control Committee — Environment and Pollution | NGT (2022)

¶1

(Court No.01)

¶2

Item No. 04

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

¶4

(By Video Conferencing)

¶5

Appeal No. 12/2022

¶6

Ankush Arora Appellant Versus Chandigarh Pollution Control Committee & Ors. Respondent(s)

¶7

Date of hearing: 16.03.2022

¶8

CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

¶9

Appellant: Mr. Aniruddha Deshmukh, Advocate

¶10

ORDER

¶11

This appeal has been preferred against order dated 14.03.2022 passed by the Chandigarh Pollution Control Committee directing disconnection of electricity of the appellant and sealing of the premises on account of default in not paying compensation of Rs. 5,000/- for violation of ban on use of plastic item.

¶12

Case of the appellant is that against two separate challans dated 12.06.2018 and 09.08.2019 for violating plastic ban, the amount of compensation has already been paid on 15.03.2022 as per receipt annexed as Annexure P-3. Thus, disconnection of the electricity and sealing is not justified as the object of such coercive measure is only

¶13

¶14

recovery of the amount which has already been paid. We have noted that show cause notice dated 11.01.2022 and reminder notice dated 09.02.2022 were issued. According to the appellant, due to peak of the Covid-19 pandemic, the notices were not attended to and later payment has been made.

¶15

In view of the fact that payment has already been made as mentioned above, we do not find any justification to continue the order of disconnection of the electricity and sealing. Accordingly, the impugned order will stand set aside. If the same has been given effect to, the electricity will be reconnected and premises will be de-sealed.

¶16

The appeal is disposed of accordingly.

¶17

If the respondent is aggrieved, it will be at liberty to move this Tribunal.

¶18

A copy of this order be forwarded to Chandigarh PCC by e-mail for compliance.

¶19

Adarsh Kumar Goel, CP

¶20

Sudhir Agarwal, JM

¶21

Prof. A. Senthil Vel, EM