• Domestic use of ground water in North-West Delhi

DPCC (Delhi Pollution Control Committee) without doing any inspection and survey issued a Chaspa and has asked us to pay Rs 100000 as a penalty for polluting the Environment as per various laws and guidelines. I checked the guidelines of Central Ground Water Authority which says that if anyone uses up to 2 HP of motor and draws water from one boring for domestic purpose, he is not supposed to take any NOC.
The Recovery notice is stamped and signed by SDM office. It says that we were served a notice on 29/08/2019 but we did not receive any notice. Also, the recovery notice is under Section -139, Delhi Land Reforms Act 1984. It talks of an arrest and attachment of property if Rs 100000 is not paid. When we went to SDM to explain that we do not have any activity polluting environment and just use water for domestic purposes. He is not ready to listen to us as they all are corrupt.
What should we do to complain against this flouting of rules by DPCC and SDM office as I think we are not creating any pollution and using boring water only for domestic purpose with the guidelines of Central Ground Water Authority?
Asked 21 days ago in Criminal Law from United States
Religion: Hindu

You should ask for the notice that was delivered but not received by you. They must be having an office copy. Send a reply to the notice in person. If they dismiss your explanation then there must he a provision of appeal to the commissioner. If it is rejected then go to the high court.

If you directly go to the high court then it  will send you back.

Regards 

Rahul Mishra
Advocate, Lucknow
4941 Answers
11 Consultations

5.0 on 5.0

1.  File case in local Civil court, restraining the Notice authority (SDM), against taking any legal action, before the court hears all the parties and passes appropriate order.  Also obtain interim stay, till final orders.  This will stop the nuisance.

Hemant Agarwal
Advocate, Mumbai
2786 Answers
16 Consultations

5.0 on 5.0

file writ petition in HC against recovery notice issue by SDM office 

 

2) mention that you have been slapped with fine without being served with notice , without granting personal hearing in violation of principles of   natural justice 

Ajay Sethi
Advocate, Mumbai
68775 Answers
4139 Consultations

5.0 on 5.0

File appeal agasint recovery order or application to set aside ex parte order. Since this is notice for recovery of penalty as land revenue by collector, either challenge it before revenue appellant authority or by way of writ in high court. 

Grounds will be non serving of notice hence violation of principal of audi alteram partem and wrong penalty impose - no report prepared.

Yogendra Singh Rajawat
Advocate, Jaipur
14414 Answers
19 Consultations

4.6 on 5.0

You are right  in saying that  using up-to 2HP motor in one boring point is allowed for domestic purposes. No NOC is required .

But one requirement is there.  Each individual using such motor to the borewell should  register their well online with the concerned authorities. 

So register your well online first. 

Then ask for the notice and see the charges made against you. 

Check the penalty provisions.

If charges are baseless or false,  you may go to either concerned tribunal or direct move to High court for appropriate order .

 

Kallol Majumdar
Advocate, Kolkata
1787 Answers
2 Consultations

5.0 on 5.0

- Immediately file petition under O39 R1&2 to obtain stay on order of SDM in civil court and contest the matter on facts.

- In the meantime, do ensure to submit your representation at SDM and copy to DC in written submissions.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
583 Answers
4 Consultations

5.0 on 5.0

- As per National Green Tribunal , the local resident who depend on ground water for survival , need to obtain permission from the Central Ground Water Authority.

You should reply the said notice under section 138 , after stating all the facts. 

- On refusal , you can approach the Reveue Appelete authority , for setting aside the said notice and attatchment of property , on the ground of non service of said notice , and domestice use of boring upto a limited quantity.

Mohammed Shahzad
Advocate, Delhi
964 Answers
19 Consultations

5.0 on 5.0

You need to get the stay order from the court against the demand notice and for this purpose you have to move your petition to the High Court in the form of mandamus to get the direction

Vimlesh Prasad Mishra
Advocate, Lucknow
5639 Answers
19 Consultations

4.9 on 5.0

Dear Concern,

01. First among all you have to submit your statement in against this notice stating your version of story before the SDM office. 

02. Then you have to come up before the Delhi High Court under Writ Petition seeking cancellation of this notice which you have been served upon stating that this is not as per the law. With this case you will get a stay on the entire proceedings and unless it gets decided nothing will happen to you or to your property.

Making rounds before the office with no advocate on your side will not help you in this case. 

Meet an advocate of your choice and get these things done immediately. 

My best wishes to you. 

Pulkit Prakash
Advocate, Delhi
220 Answers
3 Consultations

5.0 on 5.0

you can first approach DPCC and it would depend on their discretion. Afterwards you can approach the Tribunal for directions.

Mohammed Mujeeb
Advocate, Hyderabad
11519 Answers
4 Consultations

4.5 on 5.0

File writ in HC against recovery notice issued to you 

 

2) suit would take years to be disposed of 

Ajay Sethi
Advocate, Mumbai
68775 Answers
4139 Consultations

5.0 on 5.0

There must be some Appellate Authority, challenge the demand notice there.

Yogendra Singh Rajawat
Advocate, Jaipur
14414 Answers
19 Consultations

4.6 on 5.0

You can go to court. But it is better to do some homework and know the relevant law before that so that you or your lawyer can defeat the opponent.

The law position is briefly stated here.

CGWA has appointed District magistrate, district collector, SDM of each revenue district, as authorised officer, who have been delegated power to monitor, compliance, check violations and seal illegal well, launch prosecution against offender. This appointment has been made through public notification with effect from month June 2019.

So I again advise you to check your legal stand before moving to court.

Kallol Majumdar
Advocate, Kolkata
1787 Answers
2 Consultations

5.0 on 5.0

If the SDM has ordered this then an appeal must have been provided. Also the delhi government rules with regard to groundwater must be different. 

In any case a writ petition should be filed in the high court.

Regards 

Rahul Mishra
Advocate, Lucknow
4941 Answers
11 Consultations

5.0 on 5.0

Actually this framework passed on the notificaton of NGT, hence better option to approach NGT for setting aside the notice and direction of SDM.

Mohammed Shahzad
Advocate, Delhi
964 Answers
19 Consultations

5.0 on 5.0

You issue a legal notice denying their allegations and immediately file an injunction suit against the authorities.

You can mention all those things that you intend to defend your interests with regard to the allegations leveled against you.

Alternately you can file an appeal against the orders of SDM before their higher authority seeking to quash the orders for the reasons you may rely upon.

 

T Kalaiselvan
Advocate, Vellore
58597 Answers
742 Consultations

5.0 on 5.0

NGT may not come to your rescue on this subject.

You may approach the district court with a suit for injunction against the authorities.

You can vent out your grievances in the pleadings and also mention the law of the land and the rules that have been flouted by the concerned authorities and seek injunction against them restraining them from initiating any action as proposed in their order and to seek  set aside  the illegal order.

 

T Kalaiselvan
Advocate, Vellore
58597 Answers
742 Consultations

5.0 on 5.0

You can complaint to NGT and seek directions. 

Prashant Nayak
Advocate, Mumbai
14277 Answers
24 Consultations

4.6 on 5.0

You should file writ petition in high court against the orders of SDM and pray for stay during pendency of the writ. 

Mohit Kapoor
Advocate, Rohtak
4619 Answers
1 Consultation

5.0 on 5.0

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