National Green Tribunal
Ajay Kumar vs Govt. Of Nct Of Delhi & Ors on 3 February, 2023
Item No. 2 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 533/2022
Ajay Kumar ...Applicant
Versus
Govt. of NCT of Delhi & Ors. ...Respondents
Date of hearing: 03.02.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None.
Respondents: None.
Application is registered based on a letter petition received by email.
ORDER
1. Vide order dated 02.09.2022, this Tribunal constituted a Joint Committee comprising of representative of the DPCC and the Deputy Commissioner (North West), Delhi and directed the same to verify the factual position and submit its report within one month.
2. In compliance of order dated 02.09.2022, Action Taken Report has been filed by DPCC vide email dated 07.12.2022. Relevant part of the report is reproduced as under:-
"ACTION TAKEN REPORT ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE IN COMPLAINCE TO THE ORDER DATED 02.09.2022.
1. That this Hon'ble Tribunal took up the above referred matter on 02.09.2022 and was pleased to direct the DPCC and Deputy Commissioner (North West), Delhi to take action about 4 factories making thin plastic carry bags from the basement to top at DSIIDC, Bawana, Delhi. In the original application received from this Hon'ble Tribunal addresses of the unit is mentioned as N-132, N-134,N-135 and N-136, sector-1, Bawana Industrial Area, Delhi-110039.
O. A. No. 533/2022 Ajay Kumar Vs. Govt. of NCT of Delhi & Ors.-2-
2. That the area falls under the jurisdiction of Deputy Commissioner (North), hence in place of Deputy Commissioner (North West), Deputy Commissioner (North)officials were called.
3. That a joint inspection of the site was carried out on 09.11.2022by the representative of DPCC official and Revenue Department official. During the inspection it was observed that:
1. M/s HK Industries N-132 Sec-1, DSIIDC Bawana Industrial Area.
Unit found in operation and engaged in activity of the Manufacturing of carry bags and plastic packaging material.
Thickness of Carry bag which was found being manufacturing during inspection is 84 microns and of packaging material is 105 microns.
As per record unit has obtained registration under PWM Rules, 2016.
Unit is running with valid CTO (13.09.2032) for the activity of "manufacturing of carry bags and plastic packing material".
No Violation Observed with respect to consent and PWM Rules.
2. M/s HK Industries N-134, Sec-1, DSIIDC Bawana Industrial Area.
Unit found in operation and engaged in the activity of Plastic Packaging material.
Thickness of Plastic packing material which was found being manufacturing during inspection is 79 microns.
As per record unit has obtained registration under PWM Rules, 2016.
Unit is running with valid CTO ( 29.07.2029) for the activity of "manufacturing of plastic packing material"
No Violation Observed with respect to consent and PWM Rules.
3. M/s HK Industries N-135, Sec-1, DSIIDC Bawana Industrial Area.
Unit found in operation and engaged in the activity of Plastic Packaging material.
O. A. No. 533/2022 Ajay Kumar Vs.
Govt. of NCT of Delhi & Ors.
-3-
Thickness of Plastic packing material which was
found being manufacturing during inspection is 86 microns.
As per record unit has obtained registration under PWM Rules, 2016.
Unit is running with valid CTO ( 29.07.2029) for the activity of "manufacturing of plastic packing material"
No Violation Observed with respect to consent and PWM Rules.
4. M/s HK Industries N-136, Sec-1, DSIIDC Bawana Industrial Area.
Unit found in operation and engaged in the activity of Reprocessing of plastic waste/ PVC without Washing. Channelization with hood and duct provided for process emission.
As observed unit is using rejects of Plastic' bags and other emission. packaging material/scrap for manufacturing of plastic Granules.
Unit has applied for CTO on 07.10.2022 for the activity of "Reprocessing of waste Plastic from plastic scrap without washing"
No Violation Observed with respect to consent and PWM Rules."
3. The case involves the question of permissibility of the manufacturing of the items in question after amendment of the Plastics Waste Management Rules, 2016 by the Plastics Waste Management (Amendment) Rules, 2021 as applicable with effect from 31.12.2022.
4. In view of the averments made in the application and observations made in the Action Taken Report and also the question involved, we consider it appropriate to have response to the effect w.r.t. PWM Rules from (1) the NCT of Delhi, through Chief Secretary, Government of NCT of Delhi; (2) the Member Secretary, DPCC; (3) the Deputy Commissioner (North West), Delhi; (4) M/s. HK Industries at N-132, Sector-1, DSIIDC, Bawana Industrial Area; (5) M/s. HK Industries at N134, Sector-1, DSIIDC, Bawana Industrial Area;
O. A. No. 533/2022 Ajay Kumar Vs. Govt. of NCT of Delhi & Ors.
-4- (6) M/s. HK Industries at N-135, Sector-1, DSIIDC, Bawana Industrial Area and (7) M/s. HK Industries at N-136, Sector-1, DSIIDC, Bawana Industrial Area, who stand impleaded as Respondents No. 1 to 7. The Registry is directed to prepare and attach memo of parties to the application.
5. Notices be issued to the Respondents No. 1 to 3 along with copies of the application, report of the Joint Committee and documents attached with the same.
6. Notices be served on Respondents No. 4 to 7 through the Deputy Commissioner (North West), Delhi and for this purpose notice issued to the Respondents No. 4 to 7 be sent to the Deputy Commissioner (North West), Delhi by email for getting service of the same effected on him and sending his report in this regard.
7. Replies/response on behalf of Respondents No. 1 to 7 be filed within two months at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
8. List for further consideration on 14.02.2023.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM February 03, 2023 AVT