ORDER

1. The present appeal is directed against the order dated 28th September, 2007 passed by the learned Single Judge whereby the writ petition W.P.(C) No. 6996/2007 filed by the respondent herein was disposed of with certain observations as mentioned in the impugned order dated 28th September, 2007.

2. The respondent herein had filed the aforesaid writ petition, being aggrieved by two orders passed by the appellant-DPCC herein both dated 14th September, 2007. So far as the first order dated 14th September, 2007 under Hazardous Waste (Management and Handling) Rules, 1989 is concerned, the learned Single Judge has observed that the said order was passed by the appellant herein after issuance of show cause notice and granting opportunity. The said order has not been set aside. However, so far as second order rejecting consent applications under the Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974 were concerned, learned Single Judge noticed that the impugned order was not preceded by any show cause notice but consents granted earlier to the respondent had lapsed. Balancing equities and to ensure compliance with provisions of both acts and principles of natural justice, the appellant herein was given liberty to re-inspect the premises of the respondent and on the basis of the result of the said inspection, take appropriate action and pass an order in accordance with law within two months.

3. The learned Single Judge was cautious and to protect interest of the appellant, it has been directed that the respondent shall file an undertaking within one week that it shall not carry on any industrial or manufacturing activity till clearances/consents are granted by DPCC. On undertaking being furnished, the electricity service provider has been directed not to disconnect the supply to the respondent premises for a period of two months. Implication of the aforesaid order, therefore, is that although electricity supply to the premises of the respondent would not be disconnect but the respondent is also prevented and restricted from carrying and manufacturing and industrial activity from the aforesaid premises till final action is taken by the appellant in respect of the alleged violations of Air (Prevention & Control of Pollution) Act, 1981 and Water (Prevention & Control of Pollution) Act, 1974.

4. Our attention is drawn by the learned Counsel for the appellant to the various alleged violations of Air and Water Acts. However, while passing order dated 14th September, 2007 in respect of the aforesaid alleged violations, same was not preceded by any show cause notice and hearing which was found to be in violation of the provisions of natural justice. The respondent in our considered opinion is entitled to notice so as to enable him to submit reply to the allegations made. The appellant has been given liberty to inspect, issue such notice and pass orders after complying with the provisions and principles of natural justice.

5. We find no error in the order and judgment passed by the learned Single Judge. The appellant shall have the liberty as granted by the learned Single Judge in the order dated 28th September, 2007. In terms of the aforesaid order, the appeal stands disposed of.