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Updated August 13th, 2020 at 17:56 IST

DDA must deposit Rs 50 lakh to DPCC for allegedly damaging stormwater drains: Delhi HC

The Delhi High Court directed the Delhi Development Authority on Thursday to deposit Rs 50 lakh as a compensation for damaging stormwater drains in the SW Delhi

Reported by: Saksham Dangi
Delhi
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The Delhi High Court directed the Delhi Development Authority (DDA)to deposit an environment compensation of Rs 50 lakh to the Delhi Pollution Control Committee(DPCC) for allegedly damaging a stormwater drain on Samalkha-Dwarka road, in south-west Delhi on Thursday. 

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According to an order dated August 10, Justice Navin Chawla directed the DDA to pay environmental compensation within two weeks. The court also issued a notice to the DPCC, seeking their response on DDA plea and listed the matter for November 20,2020. 

The DDA, in a plea filed by Advocate Deeksha Kakar, sought the quashing of impugned communication on the 10th of July,2020 issued by the DPCC, imposing an environmental compensation of Rs 50 Lacs. The DDA also mentioned that the decision of DPCC imposing the sum of Rs 50 lacs was "illegal, arbitrary and unreasonable."

The DPCC has held DDA responsible for damaging the Environment(Ground Water Quality) in the stormwater drains located at the Samalkha-Dwarka road. 

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"The impugned communication is ultra vires of the provisions of the Environment (Protection) Act of 1986 ("the Environment Act") read with the Water (Prevention and Control of Pollution)Act, 1974("the Water Act").  

The petition read as follows," It has been submitted respectfully that it is settled law that unless there is a specific provision in the statute enabling the authority to levy a penalty, it cannot levy any penalty or damages with concerning general powers provided under the Act."

"Neither the Environment Act nor the Water Act provides for a specific power that enables the DPCC to impose a penalty or compensation of such nature and no justification has been given for the quantification of the exorbitant amount of Rs fifty lacs levied on the DDA", further read the petition. 

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The civic body also submitted that the authority has no control over the area in question, i.e. Urban Extension Road-II(UER-II), which includes Samalkha T-point to Bharthal road and the primary responsibility of disposing of the waste/ surplus sewage flow discharge beyond the boundary wall of each complex on the road, is of the South Delhi Municipal Corporation (SDMC) and the Delhi Jal Board (DJB).

(With ANI Inputs) 

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Published August 13th, 2020 at 17:56 IST

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