National Green Tribunal
Manjeet Bhardwaj And Others vs Government Of Nct Of Delhi Through Chief ... on 5 August, 2024
Item No. 03 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Physical Hearing with Hybrid VC Option)
Original Application No.200/2022
(I.A. No. 55/2024, I.A. No. 54/2024, I.A. No. 53/2024, I.A. No. 52/2024,
I.A. No. 51/2024, I.A. No. 50/2024)
IN THE MATTER OF:
1. Mr. MANJEET BHARDWAJ,
835/2, Tikri Kalan Village,
Delhi-110041.
(and other residents of Village
Tikri Kalan Delhi-110041). ...Applicants
Versus
1. Government of NCT of Delhi through Chief Secretary,
Government of New Delhi,
Delhi Secretariat, IP Estate,
New Delhi-110002
Phone +91-11-23392100, 23392101.
Email Address: [email protected]
2. Delhi Pollution Control Committee,
Mahatma Gandhi Road,
P and T Colony,
Civil Lines, New Delhi, 110054,
Email Address: [email protected].
3. The Commissioner, Municipal Corporation of Delhi,
Dr. S.P. Mukherjee Civic Center,
3 JLN Marg, New Delhi-110002.
Email Address: [email protected]/
[email protected].
4. District Magistrate (West), Delhi,
Plot No. 3, Shivaji Place, Near West Gate Mall,
Raja Garden, New Delhi - 110027.
Email Address: [email protected].
5. Sh. Om Pal,
S/o. Sh. Laxman, H. No. 917, Kalyana Pana,
Village Tikri Kalan, Delhi-110041.
6. Sh. Vinod,
S/o. Sh. Ballu, H. No, 923, Kalyana Pana,
O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors
2
village Tikri Kalan,
Delhi-110041.
7. Sh. Vinod Devi,
S/o. Sh. Bally, H. No, 775, Near Nahi Chopal,
village Tikri Kalan,
Delhi-110041.
8. M/s Owner Occupier,
Opposite R.K Dilod, H.No 943,
village Tikri Kalan,
Delhi- 110041,
9. Sh. Balwan,
S/o Sh. Maman, H. No, 922,
Kalyana Panna,
village Tikri Kalan,
Delhi-110041.
10. Sh. Vijay,
S/o Sh. Kharake Singh,
Meter no. 26460239, H.No. 1290,
Tikri Kalan, Ramyana Pana,
Delhi-110041.
11. Sh.Raj Kumar,
S/o Sh, Sultan Singh H.No. 1290,
Tikri Kalan, Ramyana Pana,
Delhi-110041.
12. Sh, Joginder,
S/o Sh. Sultan Singh, H. No. 1290,
Tikri Kalan, Ramyana Pana,
Delhi-110041.
13. Sh. Sandeep,
S/o Ranvir, H. No. 948, Tikri Kalan,
Ramyana Pana,
Delhi-110041.
14. Sh. Sultan Singh
S/o Sh. Ramkishan H. No. 553,
Doplan Pana, Tikri Kalan,
Delhi-110041.
15. Sh. Suresh Kumar,
CA no. 102712667, Tikri Kalan,
Delhi -110041. ...Respondents
For the Applicants:
None for the applicants.
For the Respondents:
Ms. Jyoti Mendiratta, Advocate for respondents no. 1 and 4.
O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors
3
Ms. Sakshi Popli, Advocate for respondent no.2.
Ms. Puja Kalra Advocate for respondent no. 3.
Mr. Shakti Singh, Patwari on Behalf of SDM Punjabi Bagh.
Dr. Neha, Veterinary Officer, MCD.
Mr. Shrinkar Chaturvedi, Advocate for respondents no. 10 to 15
(Applicants in I.A.s No. 50/2024 to 55/2024).
None for Respondents no. 5 to 9
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Judgment Reserved on:- 03.04.2024
Judgment pronounced on :- 05.08.2024.
Application is registered based on a letter petition received by Post.
JUDGMENT
PRONOUNCED BY: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
1. Shri. Manjeet Bhardwaj and other residents of Village Tikri Kalan, Delhi have sent the letter petition dated 08.02.2022 to this Tribunal by post which has been treated and registered as Original Application under the provisions of the National Green Tribunal Act, 2010 (NGT Act).
2. The applicants have complained about running of dairies in village Tikri Kalan, Delhi illegally in violation of environmental norms due to which dairy waste is dumped in drains resulting in choking of drains and overflowing of the waste water on land causing serious problems of foul smell and health hazards to local residents of village Tikri Kalan, Delhi.
3. The relevant part of the letter petition enumerating grievances of the applicant is reproduced as under:-
O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 4 "िवषय -: टीकरी कला गाँव म अवै ध पशु डे य रयों को हटवाने हे तू X X X X िनवेदन यह है िक टीकरी कलाँ गाँ व मे चल रही अवैध पशु डे य रयों के कारण यहाँ के िनवासी काफी परे शान है । ये पशु डे य रयों के मािलक पशुओं का चारा, गोबर, सब नािलयों म बहा दे ते ह, िजसके कारण नािलयाँ गोबर से भर जाती है । और ग ा पानी सड़को पर बहने लगता है , िजसके कारण बदलू और कीचड़ हो जाता है । गाँ व का मु माग होने के कारण) ू ल, मंिदर, समशान भूिम (रा ा तय करने म कठनाई का सामना करना पड़ता है । गोबर के कारण जल की िनकासी नहीं हो पाती । िजससे सड़क पर पानी जमा होने से डगू व मले रया जैसी भयानक िबमा रया उ न हो जाती है । ामीणों के लाख बार समझाने पर भी इनके हवार म कोई प रवतन नहीं होता इनका रवैया पशुओं जैसा है । समूह की ताकत िदखाकर लोगों की जुबान ब कर दे ते है । और िचख -िचख कर कहते ह िक हमारा कोई कुछ नहीं िबगाड़ सकता। थािनय राजिनितक प ों से भी इ ोंने अपनी अ ी पकड़ बना रखी है । इनके कारण थािनय िनवासी अपनी पुशतानी जमीन को छोड़ कर जाने के िलए िववश है ।
इस िवषय म सकडौं बार उपायु उ री िद ी नगर िनगम नई िद ी और सं ािधत िवभागों म िशकायत की है । लेिकन कही कोई सुनवाई नहीं ई अतः हम अंितम बार आपसे गुहार लगा रहे है । आपसे िन िनवेदन है की आप हमारी ाथना सुिवकार कर। और धान मं ी के ाम, भारत का भागीदार बनाए।"
4. Vide order dated 10.03.2022, this Tribunal constituted a Joint Committee with direction to submit factual and action taken report within two months. The relevant part of the order reads as under:-
"2. Having regard to the seriousness of the allegations, it appears necessary to ascertain the factual position in the matter through a Joint Committee of the DPCC, Municipal Commissioner and District Magistrate- West Delhi. The DPCC will be the Nodal agency for coordination and compliance. The Joint Committee may meet within four weeks and undertake site visit and look into the grievance of the applicant. Factual and action taken report may be furnished within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF."
5. In compliance therefore, Dr. Anwar Ali Khan, Sr. Environmental Engineer, DPCC submitted Action Taken Report alongwith copies of the Inspection Reports vide email dated 23.09.2022. Relevant part of the report is reproduced as under:-
O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 5 "ACTION TAKEN REPORT ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE WITH RESPECT TO ORDER DATED 10.03.2022.
X X X X
3. That inspection has been carried out on 20.06.2022 by the joint committee comprised of the officers of DPCC, Revenue and MCD (Veterinary Department) in compliance of the order dated 10.03.2022 passed by this Hon'ble Tribunal in the present matter and during inspection found that 05 illegal dairies were running which are major source of creation of dairy waste (cow dung and grasses etc.) resulting chocking of the drains. During the inspection drive, it was observed:
(a) The inspecting team also found that it is a village and the majority of villagers also have 1 or 2 cattles for their daily living.
(b) It was noted that the drains around the dairies are either filled up with cattle feces or traces of the cattle feces...
(c) It was informed by the Sh. Subhash Kumar, MTI (Milk Tax Inspector) (MCD) that earlier they have sealed the dairies as mentioned at S.N. 1,2,3,5.
During the inspection all seals on dairies were found broken.
Copy of the inspection report dated 20.06.2022 of the joint Committee is annexed herewith as ANNEXURE-A.
4. That second inspection has also been carried of the village on 06.07.2022 by the joint team and during inspection found that 06 illegal dairies were running. During the inspection drive, it was observed:
(d) The inspecting team also found that it is a village and the majority of villagers also have 1 or 2 cattles for their daily living.
(e) It was noted that the drains around the dairies are either filled up with cattle feces or traces of the cattle feces...
(f) The inspecting team found that part of waste water generated from village Tikri Kalan through various activities was being drained into the village pond surrounded by boundary wall.
Copy of the second inspection report dated 06.07.2022 of the joint Committee is annexed herewith as ANNEXURE-B.
5. That further, Sanitation Superintendent, MCD provided the photographs, which shows that, all drains of the village O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 6 has been cleaned. Copy of the MCD report dated 05.07.2022 is annexed herewith as ANNEXURE-C (Colly).
6. That pursuance of the inspections carried out on 20.06.2022 and 06.07.2022, MCD issued show cause notices for closure on 02.09.2022 to the 11 illegal dairy owners to close down the dairies which identified by the joint committee. Copy of the one such exemplary show cause notice dated 02.09.2022 is annexed herewith as ANNEXURE-D (Colly).
7. That joint action was conducted on dated 12.09.2022 with the help of Tata Power Delhi Distribution LTD, BSES, Delhi Jal Board and Police official of P.S. Mundka and all 11 illegal dairies were sealed along with the disconnection of water electricity supply in the presence of member of DPCC. Copy of the photographs of sealing are annexed herewith as ANNEXURE-E.
8. That letter dated 13.09.2022 of watch & ward also issued to the concerned S.H.O., P.S. Munka to direct the concerned official for keeping vigil over these dairies so that they will not resurface. Copy of the letter dated 13.09.2022 is annexed herewith as ANNEXURE-F.
9. That the area in question is cleaned/ desalted regularly by the concerned department of the MCD and now drains are flowing without any floating material."
6. Copy of the Inspection Report enclosed with Action Taken Report as Annexure A is reproduced as under:-
"Inspection Report A visit of village Tikri Kalan, was conducted on 20.06.2022 by a joint team comprised of the officers of DPCC, Revenue and MCD(Veterinary Service Department) in compliance to the orders passed by the Hon'ble NGT in O.A. No. 200/2022 in the matter "Manjeet Bhardwaj & Ors Vs. Govt. of NCT. of Delhi" regarding Illegal dairies operating and dumping waste in drain resulting in choking of drain and overflowing the waste water on land causing serious problem of smell and health hazard to the resident of village Tikri Kalan Delhi -110041. During the inspection in the area the team-found five (05) dairies are the major source of cattle feces and the feces being dumped either in the open and also being wash out during the floor cleaning of the dairies resulting choking of the storm water drains which are causing emission of foul gasses and water pollution, during indigestion of cattle feces result in causing unhealthy condition to the inhabitant around the diaries. The inspecting team also found that it is a village and the majority of villagers also have 1 or 2 tattles for their daily living. Details of the dairies visited are given us under:
O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors
7
S. Name and Address No. of No. of No. of Remarks
N. Buffalo Cow calf
1 Sh. Om Pal S/o Sh. 6 4 1
Laxman, H. No. 917,
Kalyana Pana, village
Tikri Kalan, Delhi -
110041
2 Sh. Vinod S/o Sh. Ballu 18 2 6
H. No. 923, Kalyana
Pana, village Tikri
Kalan, Delhi - 110041
3 Sh. Vinod Devi S/o Sh. 12 4 - During
Ballu H. No. 775, Near inspection no
Nahi Chopal, village cattles were
Tikri Kalan, Delhi - present in the
110041 premises, the
cattles has
been send for
grazing in the
nearby filed
4 M/s Owner Occupier 5 5 -
Opposite R.K. Dilod,
H.N. 943, village Tikri
Kalan, Delhi-110041
5 Sh. Balwan S/o 7 4 - Door is found
Maman, H. N. 922, locked during
Kalyana Panna Village, inspection. No
Tikri Kalan, Delhi - information
110041 was given
despite the
best effort by
inspecting
team.
Findings
1. The inspecting team also found that it is a village and the majority of villagers also have 1 or 2 tattles for their daily living.
2. It was noted that the drains around the dairies are either filled up with cattle feces or traces of the cattle feces
3. It was informed by the Sh. Subhash Kumar, MTI (Milk Tax Inspector)(MCD) that earlier they have sealed the dairies as mentioned at S.N. 1,2,3,5. During the inspection all seals on dairies were found broken."
7. Copy of the Inspection Report enclosed with Action Taken Report as Annexure B is reproduced as under:-
"Inspection Report A visit of village Tikri Kalan, was conducted on 06.07.2022 by a joint team comprised of the officers of DPCC, Revenue and MCD(Veterinary Service Department) in compliance to the orders passed by the Hon'ble NGT in O.A. No. 200/2022- in the matter "Manjeet Bhardwaj & Ors. Vs. Govt. of NCT of Delhi" regarding O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 8 Illegal dairies operating and dumping waste in drain resulting in choking of drain and overflowing the waste water on land causing serious problem of smell and health hazard to the resident of village Tikri Kalan, Delhi- 110041.
During the inspection in the area the team found six (06) dairies are the major source of cattle feces and the feces being dumped either in the open and also being wash out during the floor cleaning of the dairies resulting choking of the storm water drains which are causing emission of foul gasses and water pollution, during, indigestion of cattle feces result in causing unhealthy condition to the inhabitant around the diaries. The inspecting team also found that it is a village and the majority of villagers also have 1 or 2 cattles for their daily living. Details of the dairies visited are given as under:
S. N. Name and Address No. of Buffalo/cow 1. Sh. Vijay S/o Sh. Kharake Singh 10 Meter no. 26460239, H. No. 1290 Tikri Kalan, Ramyana Pana, Delhi - 110041 2. Sh. Raj Kumar S/o Sh. Sultan Singh 10 H. No. 1290, Tikri Kalan, Ramyana Pana Delhi - 110041 3. Sh. Joginder S/o Sh. Sultan Singh 16 H. NO. 1290, Tikri Kalan, Ramyana Pana, Delhi - 110041 4. Sh. Sandeep S/o Ranvir H. No. 948, Tikri 15 Kalan, Ramyana Pana, Delhi - 110041 5. Sh. Sultan Singh S/o Sh. Ramkishan H. No. 12 553, Doplan Pana, Tikri Kalan, Delhi -
110041 6. Sh. Suresh Kumar, CA. No. 102712667, 15 Tikri Kalan, Delhi - 110041 Findings:
1. The inspecting team also found that it is a village and the majority of villagers also have 1 or 2 cattles for their daily living.
2. It was noted that the drains around the dairies are either filled up with cattle feces or traces of the cattle feces.
3. The inspecting team found that part of waste water generated from village Tikri Kalan through various activities was being drained into the village pond surrounded by boundary wall."
8. Vide order dated 30.11.2022, the Government of NCT of Delhi, through its Chief Secretary, the Delhi Pollution Control Committee (DPCC), the Commissioner, Municipal Corporation of Delhi (MCD), the District Magistrate (West), Delhi and the eleven Project Proponents running the dairies (whose details were given in the Inspection Reports O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 9 reproduced in earlier part of this Judgment) were impleaded as respondents no. 1 to 15 and notices were issued to the respondents requiring them to file their reply/response.
9. As per office report notices were served on respondents no. 1 to 4 by email and as per report submitted by SDM, Punjabi Bagh notices were duly served on respondents no. 5 to 6 and 9 to 15 while notice was refused by respondent no. 7 on the ground of the name of her husband being incorrect and notice could not be served on respondent no. 8 due to the reason not found at the given address.
10. Respondents no. 1-Government of NCT of Delhi and 4- District Magistrate (West) Delhi did not file any reply/response.
11. This Tribunal considered the matter on 25.08.2023 and observed as under:-
"1. The action taken report dated 23.09.2022 on behalf of Delhi Pollution Control Committee, in response to order dated 10.03.2022, discloses that the action was taken against 11 illegal dairy owners operating dairies at Village Tikri Kalan, Delhi and these dairies have been closed down found to be operating in violation of environmental norms. Though a stand has been taken by the DPCC in the action taken report that 11 dairies have been closed down but learned Counsel appearing for DPCC has failed to clarify as to what happen to the cattles in those dairies and what exactly does the DPCC meant while saying that the dairies have been closed down."
12. Learned Counsel for respondents no. 5, 10 to 15 appeared on 25.08.2023 and were granted time to file their replies/responses which was extended vide order dated 03.11.2023.
13. In compliance thereof counter affidavits have been filed by respondents no. 10 to 15 vide separate emails dated 29.01.2024.
14. The relevant part of the counter affidavit filed by respondent no. 10 is reproduced below:-
O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 10 "Counter Affidavit on behalf of respondent no. 10.
X X X X
2. It is submitted that in the garb of a person purportedly acting in the interest of protection of environment and sanitation of vicinity, the Applicants have filed the present original application to harass the innocent and poor villagers like the present answering respondent, without arraying all the actual offenders, who are in fact, responsible for dirt, cattle excreta and choking sewer in the vicinity which may ultimately detrimental to health of the residents of the vicinity.
3. It is submitted that in the present matter in pursuance of the order dated 30.11.2022, the Govt. of NCT of Delhi has constituted a joint committee comprising thereof officers of the DPCC, MCD (Veterinary Service Department) and District Magistrate, West Delhi. The above said committee has filed two inspection report dated 20.06.2022 and 06.07.2022 in view of the above said directions. In the inspection report dated 06.07.2022, ten buffalo/cows has been shown in the possession of the Deponent/answering Respondent, which is absolutely wrong. It is submitted that answering respondent/deponent is having only 02 buffaloes and that too only for his personal use. It is submitted that the said report is manufactured by the official respondents in hand in glove with the real culprits. If the official respondents would have really seized the 10 buffalos then they must have kept the same somewhere after seizing them. The falsity of the said report is evident that it is not even supported by any photographs of such seizing of the buffalos of the deponent. No seizure memo is even placed on record. The compliance report dt. 13.09.2022 filed by official respondent is absolutely false and concocted.
4. It is submitted that answering respondent with the present reply has annexed a site map of his residence and shed where his cattle/buffaloes were kept. It is submitted that the area of shed where cattle were kept by deponent is hardly 30 to 40 sq. yard. It is highly improbable to keep 10 cattle/buffaloes in such a small space. The same can also be verified by this Hon'ble tribunal. The said site plan is annexed as Annexure-R-1O/A.
5. It is submitted that the allegations which is raised against the answering respondent in the original application as well in the report of the committee as to foul smell and filth in vicinity is false, frivolous and fabricated. Because, the distance between the house of answering respondent and Petitioners is more than 1.0 to 1.5 kilometer. It is further submitted that if answering respondent is not living in the vicinity of the Petitioners, he should not be made responsible for filth and dung nearby the house of Petitioners.
6. It is submitted that the electric meter no.26460239, which is shown in with the name of answering Respondent in the memo of parties, belongs to his neighbor namely Neeraj. It is further submitted that the house of answering Respondent and Neeraj is adjacent to each other and said person has more than ten buffaloes but no action has been taken against him so far. Whereas, answering respondent, who is a poor villager having only two buffaloes for house hold consumption of milk deliberately has been arrayed as a Respondent No. 10 in the present matter. The answering respondent immediately after receiving the information from committee removed his O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 11 cattle/buffaloes and relocated them to a shed at his agricultural land which is situated 10 km away from his house.
7. It is submitted that in compliance of the order dated 30.11.2022 notice of the present proceedings was served upon the answering Respondent on 24.08.2023, and thereafter immediately deponent appeared before this Hon'ble Tribunal through his counsel and this Hon'ble Tribunal directed the answering respondent to file his response to the petition.
8. It is respectfully submitted that present O.A. has been filed by the Petitioners to harass the Respondents. It is submitted that the residence of the Respondent No. 10 is at least 1.0 to 1.5 kilometer away from the residence of the aggrieved Petitioners. Hence, at the first hand allegation against answering Respondent is not maintainable as answering respondent is not living in the vicinity of Petitioners.
9. It is respectfully submitted that deponent is a law abiding citizen and there is no intention at all of damaging the environment and littering the cattle excreta in the vicinity as made out in the original application. It is submitted that the excreta and dung of the cattle/buffalo of the deponent is used in the agricultural fields as natural manure for the crops. The deponent has never littered the cow dung or excreta in the vicinity till date as he is conscious of hygiene and cleanliness. The children/family of deponent also lives with him so the deponent cannot even think even in his dreams about littering the cow excreta and endanger his own children/family's health.
10. It is submitted that the answering respondent is falsely implicated in the present matter. The answering respondent is poor villager, who is unable to purchase milk from the market for house hold consumption and for consumption of growing children. Due to above stated reason for the self consumption of milk answering respondent kept the two cattle.
11. It is submitted that the jurisdiction of this Hon'ble Tribunal is being misused in order to continue the harassment of the deponent
12. It is respectfully submitted that the deponent is also concerned of the environment around him."
15. The relevant part of the reply filed by respondent no. 11 is reproduced below:-
"Counter Affidavit on behalf of Respondent No.11 X X X X
2. It is submitted that in the garb of a person purportedly acting in the interest of protection of environment and sanitation of vicinity, the Applicants have filed the present original application to harass the innocent and poor villagers without touching the actual offenders, who are in fact, responsible for dirt, cattle excreta and choking sewer in the vicinity which may ultimately detrimental to health of the residents of the vicinity.
3. It is submitted that in the present matter in pursuance of the order dated 30.11.2022, the Govt. of NCT of Delhi has constituted a joint committee comprise of the officers of the DPCC, Revenue Department and MCD (Veterinary Service Department). The above said committee has filed two inspection report dated 20.06.2022 and 06.07.2022 w.r.t the above said O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 12 direction. In the inspection report dated 06.07.2022 ten buffalo/cows has been shown in the possession of the Deponent/answering Respondent, which is absolutely wrong.
4. It is submitted that answering respondent with the present reply annexed site map of his residence and space where his cattle/buffaloes were kept. It is submitted that the area of where cattle were kept is hardly 30 sq. yard. It is highly improbable to keep 10 cattle/buffaloes in such a small space. The site plan of residential property of answering respondent is annexed as Annexure-R-11/A.
5. It is submitted that the allegations which is raised against the answering respondent in the original application as well in the report of the committee as to foul smell and filth in vicinity is false, frivolous and fabricated. Because, the distance between the house of answering respondent and Petitioners is more than one kilometer. It is further submitted that if answering respondent is not living in the vicinity of the Petitioners, he should not be made responsible for filth and dung nearby the house of Petitioners.
6. It is submitted that answering respondent, who is a poor villager having only two buffaloes for house hold consumption of milk deliberately has arrayed as a Respondent No. 10 in the present matter. The answering respondent immediately after receiving the information from committee replaced his cattle and sends the cattle at his agricultural land 10 km away from the vicinity.
7. It is submitted that the in compliance of the order dated 30.11.2022 notice to answering Respondent was served upon 24.08.2023, the deponent is appeared before this Hon'ble Tribunal through counsel and Hon'ble Tribunal granted on month time to file response on his behalf.
8. It is respectfully submitted that present O.A. has been filed by the Petitioners to harass the Respondents. It is submitted that the resident of the Respondent No. 11 at least 1.0 to 1.5 kilometer away from the resident of the aggrieved Petitioners. Hence, at the first hand allegation against answering Respondent is not maintainable as answering respondent is living in the vicinity of Petitioners.
9. It is respectfully submitted that deponent is a law abiding citizen and there is no intention at all of damaging the environment and littering cattle excreta in the vicinity as made out in e original application.
10. It is submitted that the answering respondent is falsely implicated in the present matter. The answering respondent is poor villager, who is unable to purchase milk from the market for house hold consumption and for consumption of growing children. Due to above stated reason for the self consumption of milk answering respondent kept the two cattle.
11. It is submitted that the jurisdiction of this Hon'ble Tribunal is being misused in order to continue the harassment of the deponent
12. It is respectfully submitted that the deponent is also concerned of the environment around him."
16. The relevant part of the reply filed by respondent no. 12 is reproduced below:-
O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 13 "Counter Affidavit on behalf of Respondent No.12.
X X X X
2. It is submitted that in the garb of a person purportedly acting in the interest of protection of environment and sanitation of vicinity, the Applicants have filed the present original application to harass the innocent and poor villagers without touching the actual offenders, who are in fact, responsible for dirt, cattle excreta and choking sewer in the vicinity which may ultimately detrimental to health of the residents of the vicinity.
3. It is submitted that in the present matter in pursuance of the order dated 30.11.2022, the Govt. of NCT of Delhi has constituted a joint committee comprise of the officers of the DPCC, MCD (Veterinary Service Department) and District Magistrate, West Delhi. The above said committee has filed two inspection report dated 20.06.2022 and 06.07.2022 w.r.t the above said direction. In the inspection report dated 06.07.2022 as much as 16 buffalo/cows has been shown in the possession of the Deponent/answering Respondent, which is absolutely wrong.
4. It is submitted that answering respondent with the present reply annexed site map of his residence and space where his cattle/buffaloes
5. re kept. It is submitted that the area of where cattle were kept is hardly 30 sq. yard. It is highly improbable to keep 16 cattle/buffaloes in such a small space. The site plan of residential property of answering respondent is annexed as Annexure-R-12/A.
6. It is submitted that the allegations which is raised against the answering respondent in the original application as well in the report of the committee as to foul smell and filth in vicinity is false, frivolous and fabricated. Because, the distance between the house of answering respondent and Petitioners is more than one kilometer. It is further submitted that if answering respondent is not living in the vicinity of the Petitioners, he should not be made responsible for filth and dung nearby the house of Petitioners.
7. It is submitted that answering respondent, who is a poor villager having only two buffaloes for house hold consumption of milk deliberately has arrayed as a Respondent No. 12 in the present matter. Moreover, it is wrongly shown in inspection report dated 06.7.2022 that answering Respondent possess 16 buffaloes/cattle. The answering respondent immediately after receiving the information from committee replaced his cattle and send the cattle at his agricultural land 10 km away from the vicinity.
8. It is submitted that the in compliance of the order dated 30.11.2022 notice to answering Respondent was served upon 24.08.2023, the deponent is appeared before this Hon'ble Tribunal through counsel and Hon'ble Tribunal granted on month time to file response on his behalf.
9. It is respectfully submitted that present O.A. has been filed by the Petitioners to harass the Respondents. It is submitted that the resident of the Respondent No. 12 at least 1.0 to 1.5 kilometer away from the resident of the aggrieved Petitioners. Hence, at the first hand allegation against answering Respondent is not maintainable as answering respondent is living in the vicinity of Petitioners.
O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 14
10. It is respectfully submitted that deponent is a law abiding citizen and there is no intention at all of damaging the environment and littering the cattle excreta in the vicinity as made out in the original application.
11. It is submitted that the answering respondent is falsely implicated in the present matter. The answering respondent is poor villager, who is unable to purchase milk from the market for house hold consumption and for consumption of growing children. Due to above stated reason for the self consumption of milk answering respondent kept the two cattle.
12. It is submitted that the jurisdiction of this Hon'ble Tribunal is being misused in order to continue the harassment of the deponent
13. It is respectfully submitted that the deponent is also concerned of the environment around him."
17. The relevant part of the reply filed by respondent no. 13 is reproduced below:-
"Counter Affidavit on behalf of Respondent No.13.
X X X X
2. It is submitted that in the garb of a person purportedly acting in the interest of protection of environment and sanitation of vicinity, the Applicants have filed the present original application to harass the innocent and poor villagers without touching the actual offenders, who are in fact, responsible for dirt, cattle excreta and choking sewer in the vicinity which may ultimately detrimental to health of the residents of the vicinity.
3. It is submitted that in the present matter in pursuance of the order dated 30.11.2022, the Govt. of NCT of Delhi has constituted a joint committee comprise of the officers of the DPCC, MCD (Veterinary Service Department) and District Magistrate, West Delhi. The above said committee has filed two inspection report dated 20.06.2022 and 06.07.2022 w.r.t the above said direction. In the inspection report dated 06.07.2022 as much as 15 buffalo/cows has been shown in the possession of the Deponent/answering Respondent, which is absolutely wrong.
4. It is submitted that answering respondent with the present reply annexed site map of his residence and space where his cattle/buffaloes were kept. It is submitted that the area of where cattle were kept is hardly 30 sq. yard. It is highly improbable to keep 15 cattle/buffaloes in such a small space. The site plan of residential property of answering respondent is annexed as Annexure-R-13/A.
5. It is submitted that the allegations which is raised against the answering respondent in the original application as well in the report of the committee as to foul smell and filth in vicinity is false, frivolous and fabricated. Because, the distance between the house of answering respondent and Petitioners is more than one kilometer. It is further submitted that if answering respondent is not living in the vicinity of the Petitioners, he should not be made responsible for filth and dung nearby the house of Petitioners.
6. It is submitted that answering respondent, who is a poor villager having only two buffaloes for house hold consumption of O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 15 milk deliberately has arrayed as a Respondent No. 13 in the present matter. Moreover, it is wrongly shown in inspection report dated 06.7.2022 that answering Respondent possess 16 buffaloes/cattle. The answering respondent immediately after receiving the information from committee replaced his cattle and send the cattle at his agricultural land 10 km away from the vicinity.
7. It is submitted that the in compliance of the order dated 30.11.2022 notice to answering Respondent was served upon 24.08.2023, the deponent is appeared before this Hon'ble Tribunal through counsel and Hon'ble Tribunal granted on month time to file response on his behalf.
8. It is respectfully submitted that present O.A. has been filed by the Petitioners to harass the Respondents. It is submitted that the resident of the Respondent No. 13 at least 1.0 to 1.5 kilometer away from the resident of the aggrieved Petitioners. Hence, at the first hand allegation against answering Respondent is not maintainable as answering respondent is living in the vicinity of Petitioners.
9. It is respectfully submitted that deponent is a law abiding citizen and there is no intention at all of damaging the environment and littering the cattle excreta in the vicinity as made out in the original application.
10. It is submitted that the answering respondent is falsely implicated in the present matter. The answering respondent is poor villager, who is unable to purchase milk from the market for house hold consumption and for consumption of growing children. Due to above stated reason for the self consumption of milk answering respondent kept the two cattle.
11. It is submitted that the jurisdiction of this Hon'ble Tribunal is being misused in order to continue the harassment of the deponent
12. It is respectfully submitted that the deponent is also concerned of the environment around him."
18. The relevant part of the reply filed by respondent no. 14 is reproduced below:-
"Counter Affidavit on behalf of Respondent No.14.
X X X X
2. It is submitted that in the garb of a person purportedly acting in the interest of protection of environment and sanitation of vicinity, the Applicants have filed the present original application to harass the innocent and poor villagers like the present answering respondent, without arraying all the actual offenders, who are in fact, responsible for dirt, cattle excreta and choking sewer in the vicinity which may ultimately detrimental to health of the residents of the vicinity. 3 It is submitted that in the present matter in pursuance of the order dated 30.11.2022, the Govt. of NCT of Delhi has constituted a joint committee comprising thereof officers of the DPCC, MCD (Veterinary Service Department) and District Magistrate, West Delhi. The above said committee has filed two inspection report dated 20.06.2022 and 06.07.2022 in view of O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 16 the above said directions. In the inspection report dated 06.07.2022, twelve buffalo/cows has been shown in the possession of the Deponent/answering Respondent, which is absolutely wrong. It is submitted that answering respondent/ deponent is having only 02 buffaloes and that too only for his personal use. It is submitted that the said report is manufactured by the official respondents in hand in glove with the real culprits. If the official respondents would have really seized the 10 buffalos then they must have kept the same somewhere after seizing them. The falsity of the said report is evident that it is not even supported by any photographs of such seizing of the buffalos of the deponent. No seizure memo is even placed on record. The compliance report dt. 13.09.2022 filed by official respondent is absolutely false and concocted.
4. It is submitted that answering respondent with the present reply has annexed a site map of his residence and shed where his cattle/buffaloes were kept. It is submitted that the area of shed where cattle were kept by deponent is hardly 30 to 40 sq. yard. It is highly improbable to keep 12 cattle/buffaloes in such a small space. The same can also be verified by this Hon'ble tribunal. The said site plan is annexed as Annexure-R-14/A.
5. It is submitted that the allegations which is raised against the answering respondent in the original application as well in the report of the committee as to foul smell and filth in vicinity is false, frivolous and fabricated. Because, the distance between the house of answering respondent and Petitioners is more than 1.0 to 1.5 kilometer. It is further submitted that if answering respondent is not living in the vicinity of the Petitioners, he should not be made responsible for filth and dung nearby the house of Petitioners.
6 It is submitted that answering respondent, who is a poor villager having only two buffaloes for house hold consumption of milk deliberately has arrayed as a Respondent No. 14 in the present matter. The answering respondent immediately after receiving the information from committee replaced his cattle and sends the cattle at his agricultural land 10 km away from the vicinity.
7. It is submitted that the in compliance of the order dated 30.11.2022 notice to answering Respondent was served upon 24.08.2023, the deponent is appeared before this Hon'ble Tribunal through counsel and Hon'ble Tribunal granted on month time to file response on his behalf.
8. It is respectfully submitted that present O.A. has been filed by the Petitioners to harass the Respondents. It is submitted that the resident of the Respondent No. 14 at least 1.0 to 1.5 kilometer away from the resident of the aggrieved Petitioners. Hence, at the first hand -allegation against answering Respondent is not maintainable as answering respondent is living in the vicinity of Petitioners.
9. It is respectfully submitted that deponent is a law abiding citizen and there is no intention at all of damaging the environment and littering the cattle excreta in the vicinity as made out in the original application.
10. It is submitted that the answering respondent is falsely implicated in the present matter. The answering respondent is poor villager, who is unable to purchase milk from the market for house hold consumption and for consumption of growing O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 17 children. Due to above stated reason for the self consumption of milk answering respondent kept the two cattle.
11. It is submitted that the jurisdiction of this Hon'ble Tribunal is being misused in order to continue the harassment of the deponent
12. It is respectfully submitted that the deponent is also concerned of the environment around him."
19. The relevant part of the reply filed by respondent no. 15 is reproduced below:-
"Counter Affidavit on behalf of -Respondent No.15.
X X X X
2. It is submitted that in the garb of a person purportedly acting in the interest of protection of environment and sanitation of vicinity, the Applicants have filed the present original application to harass the innocent and poor villagers without touching the actual offenders, who are in fact, responsible for dirt, cattle excreta and choking sewer in the vicinity which may ultimately detrimental to health of the residents of the vicinity.
3. It is submitted that in the present matter in pursuance of the order dated 30.11.2022, the Govt. of NCT of Delhi has constituted a joint committee comprise of the officers of the DPCC, MCD (Veterinary Service Department) and District Magistrate, West Delhi. The above said committee has filed two inspection report dated 20.06.2022 and 06.07.2022 w.r.t the above said direction. In the inspection report dated 06.07.2022 as much as 15 buffalo/cows has been shown in the possession of the Deponent/answering Respondent, which is absolutely wrong.
4. It is submitted that answering respondent with the present reply annexed site map of his residence and space where his cattle/buffaloes were kept. It is submitted that the area of where cattle were kept is hardly 30 sq yard. It is highly improbable to keep 15 cattle/buffaloes in such a small space. The site plan of residential property of answering respondent is annexed as Annexure-R-15/A.
5. It is submitted that the allegations which is raised against the answering respondent in the original application as well in the report of the committee as to foul smell and filth in vicinity is false, frivolous and fabricated. Because, the distance between the house of answering respondent and Petitioners is more than one kilometer. It is further submitted that if answering respondent is not living in the vicinity of the Petitioners, he should not be made responsible for filth and dung nearby the house of Petitioners.
6. It is submitted that answering respondent, who is a poor villager having only two buffaloes for house hold consumption of milk deliberately has arrayed as a Respondent No. 15 in the present matter. Moreover, it is wrongly shown in inspection report dated 06.07.2022 that answering Respondent possess 16 buffaloes/cattle. The answering respondent immediately after receiving the information from committee replaced his cattle and send the cattle at his agricultural land 10 km away from the vicinity.
O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 18
7. It is submitted that the in compliance of the order dated 30.11.2022 notice to answering Respondent was served upon 24.08.2023, the deponent is appeared before this Hon'ble Tribunal through counsel and Hon'ble Tribunal granted on month time to file response on his behalf.
8. It is respectfully submitted that present O.A. has been filed by the Petitioners to harass the Respondents. It is submitted that the resident of the Respondent No. 15 at least 1.0 to 1.5 kilometer away from the resident of the aggrieved Petitioners. Hence, at the first hand allegation against answering Respondent is not maintainable as answering respondent is living in the vicinity of Petitioners.
9. It is respectfully submitted that deponent is a law abiding citizen and there is no intention at all of damaging the environment and littering the cattle excreta in the vicinity as made out in the original application.
10. It is submitted that the answering respondent is falsely implicated in the present matter. The answering respondent is poor villager, who is unable to purchase milk from the market for house hold consumption and for consumption of growing children. Due to above stated reason for the self consumption of milk answering respondent kept the two cattle.
11. It is submitted that the jurisdiction of this Hon'ble Tribunal is being misused in order to continue the harassment of the deponent
12. It is respectfully submitted that the deponent is also concerned of the environment around him."
20. Reply has also been filed by respondent no. 3-MCD vide email dated 28.03.2024. The relevant part of the reply is reads as under:-
"REPLY ON BEHALF OF MCD TO THE INTERLOCATORY APPLICATION FILED ON BEHALF OF RESPONDENT NO.10-15.
X X X X
1. That the illegal Dairies/ premises of the above mentioned respondents were sealed on dated 12.09.2022.
2. That the petitioners were caught using the properties dairy activity which is against the order of Hon'ble High Court of Delhi in a matter of W.P.C no. 3791/2000 titled Common Cause Vs Union of India and WPC No. 697/2016 titled Sham Sharma vs Government of NCT & Ors.
3. That the properties/premises of the above mentioned petitioners falls under the urbanized area and not authorized for running the dairies.
4. That they can run the Dairy only in the authorized dairy colonies and the properties of the above mentioned respondents are not authorized for running the dairies.
5. That these are authorized dairy colonies which are as under:
A. Kakrola Dairy Colony
B. Nangli Sakrawati Dairy Colony
C. Goyla Dairy Colony
D. Ghogha Dairy Colony
E. Shahbad Dairy Colony
6. That the illegal dairies/premises were scaled for running of illegal dairies without Municipal trade license and action was O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 19 initiated as pert the DMC Act, 1957 and as per the direction issued in W.P.C no. 3791/2000 titled Common Cause Vs Union Of India and W.P.C No. 697/2016 titled Sham Sharma Vs Government of NCT & Ors.
7. That the request of the petitioners for de-sealing of their properties. they need to apply before the competent authority for de- sealing of their properties. The applications will be considered and decision will be taken as per the rule regulation and prevalent policy."
21. Respondents no. 10 to 15 have filed Interlocutory Applications registered as I.A. No. 50/2024, I.A. No. 51/2024, I.A. No. 52/2024, I.A. No. 53/2024, I.A. No. 54/2024 and I.A. No. 55/2024, on common factual averments that each of them was having two cattle for household consumption of milk and they did not run any dairy in their respective premises which formed part of their residential houses which have become useless and unusable due to sealing and respondent no. 3- Commissioner, Municipal Corporation of Delhi may be ordered to closed the same.
22. None appeared for the applicant before this Tribunal in the course of hearing of the case except on 30.11.2022 on which date applicant no.
1 appeared before this Tribunal.
23. We have heard learned counsel for the respondents no. 1 to 4 and 10 to 15 and have gone through the material on record carefully.
24. The applicants have raised substantial regarding pollution caused by running of dairies in non-conforming area illegally in violation of environmental norms and directions issued by Hon'ble Supreme Court, Hon'ble Delhi High Court and this Tribunal in public interest. The applicants being residents of Tikri Kalan, Delhi will be adversely affected by running of dairies illegally in violation of environmental norms causing due to pollution thereby caused in the locality. The applicants must be held to have locus standi and cause of action to maintain the application O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 20 and to have filed the application bonafide and the applicants cannot be said to have filed the application mala fide to harass the respondents.
Even otherwise this Tribunal is empowered to take cognizance suo-moto to adjudicate upon the questions involved as held in Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors. reported in 2021 SCC Online SC 897.
25. W.P. No. 3791/2000 titled as Common Cause v. Union of India was filed before the Hon'ble Delhi High Court regarding the menace of stray cattle and W.P. No. 842/1997 titled as Ram Pratap Yadav v.
Municipal Corporation of Delhi was filed before the Hon'ble Delhi High Court regarding mismanagement of gaushalas where the stray cattle were being sent after being caught. Hon'ble Delhi High Court disposed of the petitions vide order dated 16.12.2002. The relevant part of the order containing observations and directions of the Hon'ble Delhi High Court reads as under:
"Accordingly, we direct and observe as follows:
1. The NDMC or the MCD and the Government of NCT of Delhi shall take all possible steps to relocate dairies operating in the municipal zones of Delhi to the outskirts of Delhi.
2. The Delhi Milk Scheme and Mother Dairy should take steps to increase their supply of milk to Delhi and, in doing so, an effort should be made to cope in the unorganized sector so that the distribution is done by the aforesaid two agencies after collecting milk from the villages on the periphery of Delhi or outside Delhi. This will discourage private parties from opening dairy farms in the city.
3. The MCD and the NDMC shall employ sufficient number of vehicles to ferry the impounded cattle.
4. The MCD, the NDMC and the Police Department should work together to stop the menace of stray cattle.
5. Co-ordination Committee shall be constituted in each of the Police Districts. Each Committee shall consist of the Deputy Commissioner, MCD of the area/ Secretary, NDMC, and the Deputy Commissioner of Police of the concerned District. the O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 21 two - member committee shall be responsible for eradicating the menace of stray cattle.
6. The MCD/NDMC shall cancel the licence of a dairy in case the cattle and other bovine animals belonging to it stray out of the premises in which the dairy is being run.
7. Cattle and bovine animals located in Delhi shall have a tag number tied around their necks. The tag number must be indicative of the owner to whom the animal belongs so that there is no difficulty in tracing the owner.
8. Prosecutions should be launched under Section 98 of the Delhi Police Act, 1978, and Section 289 of the Indian Penal Code, 1860 against the owners of any cattle and bovine animals which are found on the streets and roads.
9. The MCD and the NDMC should employ suff icient number of persons to catch stray cattle and bovine animals. Once they are caught they shall he impounded and may be released only on payment of fine of at least Rs. 1,000/- each. The vehicles which are used or carrying impounded cattle and bovine animals ought to be fitted with lumps in order to obviate the chance of injury to them. The transit and handling of cattle and bovine animals after being impounded shall be in consonance with the provisions of the Prevention of Cruelty to Animals Act, 1960.
10. The electricity generating companies and the electric supply companies shall disconnect electricity to the unauthorised dairies/dairy colonies with immediate effect."
26. The Director of Animal Husbandry unit, Govt. of NCT of Delhi issued circular/ office memorandum dated 19.08.2019 to the effect that if any dairy farms have no license, they must be sealed and closed.
27. In W.P. (C) No. 697 of 2016 titled as Sham Sharma v. Govt. of NCT of Delhi and others filed against dairies run illegally within NCT of Delhi, Hon'ble Delhi High Court considered the status report filed by the Director of Animal Husbandry Unit, Govt. of NCT of Delhi and while disposing of the petition observed in paragraph 8 of its order dated 04.09.2019 that if any dairy farm is being run without licence as per the aforesaid office memorandum dated 19.08.2019 the respondent shall O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 22 take action of sealing and then closing them down by disconnecting electricity, water and drainage connections.
28. In the present case the applicants sent the present letter petition complaining about running of dairies illegally in Tikri Kalan, Delhi. The Joint Committee constituted by this Tribunal inspected the site on 20.06.2022 and 06.07.2022 and found that 11 dairies were being run illegally and thereupon sealed the premises where the dairies were being run illegally. Respondents no. 10 to 15 have denied allegations regarding running of dairies in the sealed premised while admitting that they were having 2 cattle each for house hold consumption of milk and that on being informed respondents no. 10 to 15 had sent their cattle to their agricultural land 10 kms away in the vicinity.
29. In view of the fact that dairies in question have been closed and sealed by the Joint Committee, no further action is required to be taken by this Tribunal on the Original Application.
30. Respondents no. 10 to 15 have filed I.A. nos. 50/2024 to 55/2024 for de-sealing of their premises but admittedly respondents no. 10 to 15 have not filed any application before the competent authority in MCD for de-sealing of their premises.
31. In W.P.(C) No. 1581/2022 and CM Appl. No. 4500/2022 titled as Anwar Hussain Malik Vs. South Delhi Municipal Corporation, where the petitioner who sought de-sealing of his property but did not apply to the Municipal Corporation for de-sealing, Hon'ble Delhi High Court disposed of the petition permitting the petitioner to file an application with the Municipal Corporation for de-sealing of the property and the Municipal Corporation was directed to consider the application expeditiously in accordance with law and pass appropriate order thereon.
O.A. No. 200/2022 Manjeet Bhardwaj & Ors.
vs. Govt. of NCT of Delhi & Ors 23
32. Respondents no. 10 to 15 have equally efficacious remedy of applying to the Competent Authority in MCD for de-sealing of their premises available to them and are accordingly permitted to apply to the Competent Authority in MCD with requisite documents for de-sealing of their premises which is directed to consider the application expeditiously and pass appropriate order thereon in accordance with law. In case of any grievance the respondents no. 10 to 15 may avail appropriate remedies available to them in accordance with law.
33. In view of the above discussion, present original application and I.A. nos. 50/2024 to 55/2024 are disposed of accordingly leaving the parties to bear their own costs.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 5th, 2024 AG