National Green Tribunal
Pradeep Ranas vs Govt. Of Nct Of Delhi on 27 July, 2022
Item No.01 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.435/2021
Pardeep Ranas ...Applicant
Versus
Govt. of NCT of Delhi ...Respondent
Date of hearing: 27.07.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondent: Mr. Shubhan Kar, Advocate for DPCC
Application is registered based on a complaint received by Post.
ORDER
1. Grievance in this application filed by Advocate Mr. Pardeep Kadian is regarding illegal stone crushing factory near his residence i.e. Udai Vihar, Phase_II, Village Nilothi, Delhi-110041 which is also operating in violation of environmental norms and creating noise and air and other pollution in village Nilothi.
2. Vide order 27.01.2022, this Tribunal constituted a Committee comprising of DPCC and District Magistrate - West, New Delhi and directed the same to submit factual and action taken report within three months. The relevant part of the order is reproduced hereunder:-
"In view of the above, we direct the DPCC and District Magistrate - West, New Delhi to look into the grievance in this application. The DPCC will be the Nodal agency for coordination and compliance. The joint Committee may meet within one O. A. No. 435/2021 Pardeep Ranas Vs. Govt. of NCT of Delhi -2- month and undertake site visit and look into the grievance of the applicant. Factual and action taken report may be furnished within three months by e-mail at judicial- [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."
3. In compliance thereof, the Committee inspected the area on 17.03.2022 and has submitted report vide email dated 25.05.2022. The relevant part of the report is reproduced as under:-
"X X X X X X Consequence to the directions of NGT in OA No-435/2021 titled as "Pradeep Ranas Vs, Govt. of NCT of Delhi" a joint inspection was carried out by a team comprising officers of DPCC, Revenue Department, BSES and SDMC on dated 17/03/2022 for taking remedial action against the illegal stone crushing units near Udai Vihar, Ph-l1, Village Nilothi, Delhi- 110041.
In compliance of Hon'ble NGT order, a meeting was convened to regarding action taken in the above matter. During the meeting DPCC official informed that joint inspections were conducted in village Nilothi. Four defaulting Units were found operating and crushing of demolished building material. All four units were effectively closed by the joint team members by sealing the crushers.
During the inspection, premises i.e., an open plot, M/s Udai Veer (9319522732), Raj kumar Nain (9999041461), Udai Vihar, Ph-II, Village Nilothi, Delhi-41, mentioned by the complainant were inspected. During inspection it was found that 04 stone crushing machines were being operated through diesel fired engines and all 04 stone crushing machines were effectively closed by the joint team for operating in non-Conforming area in contravention to MPD 2021. The units were engaged in Crushing of demolished area in contravention to MPD 2021. The units were engaged in Crushing of demolished building material waste and causing Air Pollution Sealing memo is enclosed from Annexure-I to Annexure-IV.
No electric connection was found and it was found that stone crushing machines were operating through a diesel fired engine.
Show Cause Notice For Imposing Environmental Damage/Compensation (EDC) of Rs.2,00,000/- (Rupees Two Lakh Only) on each units has been issued to aforesaid crushers for causing damage to the environment is enclosed from Annexure-V to Annexure-VIII."
O. A. No. 435/2021 Pardeep Ranas Vs. Govt. of NCT of Delhi -3-
3. It is evident from the report that all the four units engaged in stone crushing have been closed and proceedings have been initiated for imposing environmental compensation on each unit. The DPCC may proceed further with the proceedings for imposition of environmental compensation and on realization of environmental compensation, the amount recovered shall be spent by DPCC for restoration/improvement of environment of the area by preparing an Action Plan and implementing the same within the period of six months from the date of recovery of the amount of environmental compensation and a report regarding such action plan and its implementation may be furnished within one month thereafter by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before the Bench for further directions.
In view of the above, the application is disposed of with the above said directions.
A copy of this order be sent to DPCC and District Magistrate (West), Government of NCT of Delhi for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM July 27, 2022 AG