National Green Tribunal
A K Malik vs Delhi Development Authority on 21 December, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 05 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 139/2021
(With report dated 02.12.2021)
A. K. Malik Applicant
Versus
Delhi Development Authority Respondent
Date of hearing: 21.12.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
ORDER
1. Grievance in this application is against allotment of open park by DDA to Agrani Matri Mandir in District Park, Sector 14, Rohini, affecting the right of the residents to open space and also creating pollution. Loudspeakers and DJs are played at full volume even after 10:00 p.m. Commercial activities are also carried out in the form of holding functions.
2. Vide order dated 01.07.2021, the Tribunal directed the Joint Committee of District Magistrate, North Delhi, DDA, DPCC and North Delhi Municipal Corporation to furnish a factual and action taken report in the matter.
3. Accordingly, an action taken report has been filed by DPCC on 02.12.2021 to the effect that the land in question is not a park but a site for commercial functions. Commercial functions are allowed at the said 1 site subject to compliance of environmental laws. Relevant extracts from the report are as follows:
"xxx .................................. xxx........................................xxx
3. That during the inspection, it was observed that the said land is located in front of Adarsh Kunj Society adjoining Agrani Matri Mandir, Sector-13, Rohini, Delhi-85, which is a vacant land used as commercial function site of DDA, but not a park and the booking of such commercial function on said site is done online through DDA website by the applicants. The terms and conditions for booking this function site are also available on DDA website. No function is carried out during the inspection.
4. That Directions u/s 5 of EP Act, 1986, 31(A) of Air Act, 1981 and 33(A) of Water Act, 1974 were issued to the concerned authorities i.e. DDA, Revenue Department, North DMC and DCP, Delhi Police on 01.12.2021 to comply with the following directions:
a. To ensure the Pollution/ Environmental Law w.r.t. booking the site in question for functions including Fire Safety norms shall properly complied with.
b. To ensure that no Solid/ Liquid Waste shall unauthorizedly be dumped/ discharged during such functions.
c. To comply with Environmental Laws particularly Noise Pollution through Loudspeakers, D.J.s and D.G. sets etc. d. To ensure the strict compliance of directions dated 13.12.2019 issued by DPCC."
4. DDA has also filed its affidavit to the same effect on 14.12.2021.
5. In view of above, no further order appears to be necessary at this stage.
The application is disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. Nagin Nanda, EM December 21, 2021 Original Application No. 139/2021 DV 2