National Green Tribunal
Ashok Kumar Malik vs Govt. Of Nct Of Delhi on 25 May, 2022
Item No. 2 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 392/2021
Ashok Kumar Malik Applicant
Versus
Govt. of NCT of Delhi Respondent
Date of hearing: 25.05.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Respondent: Sakshi Popli, Advocate for DPCC
ORDER
1. Grievance in this application is against the allotment of some space by DDA to Agrani Matri Mandir, Sector-13 Rohini situated in open space/park. It is submitted that temple is a permanent source of disturbance to the nearby residents due to celebration of Durga Pooja in the nearby open encroached space and also playing of Loudspeaker and DJs in full volume. The senior citizens of the area are worst affected by the activities of the above temple.
2. Vide order dated 24.01.2022 this Tribunal constituted a Joint Committee comprising of DPCC, Deputy Commissioner, Rohini Zone (North Delhi Municipal Corporation), DCP, North and the District Magistrate, North West to look into the grievances of the applicant with direction to submit factual and action taken report. 1
3. In pursuance thereof the Joint Committee comprising of the officials of Revenue Department, North DMC, DPCC and Delhi Police carried out inspection of the site on 11.03.2022. Action Taken Report has been filed by DPCC vide email dated 10.05.2022. The relevant part of the Action Taken Report submitted by DPCC is as under :
" i. The said land is vacant land belong to DDA.
ii. The function site is not a Park.
iii. DDA is booking this function site online.
iv. DDA is imposing various terms and conditions before
booking the function site.
v. At the time of joint inspection no function found or carried
out at the site.
Copy of the joint inspection report dated 11.03.2022 is enclosed herewith as ANNEURE-1.
4. That same complainant earlier filed same complaint, which was considered by this Hon'ble Tribunal in OA number 139/2019 titled as " A.K. Malik vs Delhi Development Authority". In this matter, DPCC filed its ATR on 02.12.2021, which was considered by this Hon'ble Tribunal and matter was disposed off on 21.12.2021. Copy of the action taken report filed by DPCC on 02.12.2021 is enclosed herewith as ANNEXURE-2.
5. 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 01.02.2021 to comply with the following directives:-
a. To ensure the Pollution/ Environment Law w.r.t booking the site in question for functions including Fire Safety norms shall properly complied with.2
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 and D.G. sets etc., d. To ensure the strict compliance of directions dated 13.12.2019 issued by DPCC.
Copy of said Directions dated 01.12.2021 is annexed herewith as ANNEXURE-3 DPCC issued reminder with respect to direction dated 01.12.2021 on 09.05.2022, asking the compliance from al the authorities. Copy of reminder direction dated 09.05.2022 is annexed herewith as ANNEXURE-4.
As during the inspection, no activity was going on there, so no action is warranted at this juncture. ........"
5. This Tribunal had vide order dated 24.01.2022 directed the Joint Committee to also look into the grievances of the applicant. However, we find from the report that the Joint Committee has not looked into the grievances of the applicant and has not specifically responded to the same. The report is also vague and does not give particulars of the land in question and also its land use in the Master Plan and guidelines for its utilization/online booking for various functions.
6. In these facts and circumstances, we direct the Joint Committee to look into all relevant aspects including the grievances of the applicant and take appropriate remedial action by following due course of law and submit a further factual and action taken report. Factual and action taken report may be furnished within two months by e-mail at judicial- 3 [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
7. List the matter for further consideration on 29.08.2022.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM May 25, 2022 Original Application No. 392/2021 AG 4