National Green Tribunal
Guldeep Bhatia And Anr vs Govt. Of Nct Of Delhi on 26 May, 2023
Item No. 02 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 24/2023
(By Hybrid Mode)
Guldeep Bhatia & Others Applicant
Versus
Govt. of NCT of Delhi Respondent
Date of hearing: 26.05.2023
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Guldeep Bhatia, Applicant in person
Respondent: Ms. Puja Kalra, Advocate for MCD
ORDER
1. This Original Application was registered on a letter petition dated 22.07.2022 whereby a complaint was made that a mobile tower has been installed in a park situated at Hari Kunj Society, Ward 10, Hari Nagar, New Delhi in an illegal manner. On account of installation in the said park, children are not able to play and other people are also not able to use the park for various purposes the park is meant for, and despite repeated complaints, neither tower has been removed nor any action has been taken by concerned authorities.
2. The matter was considered by Tribunal on 22.02.2023 and Tribunal observed that repeatedly it has been held that green belts and parks cannot be used for commercial purposes.
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3. In a similar matter, in O.A. No. 232/2022, Gautam Nagar Residents Association Regd. vs. Commissioner, SDMC & Others, vide order dated 19.07.2022, this Tribunal observed that no mobile tower can be allowed to be installed in a park. The question is not of radiation only but misuse of open area such as park which is a facility for residents. Consequently, this Tribunal constituted a joint Committee comprising DPCC, District Magistrate, West Delhi and MCD requiring it to submit a report within two months.
4. Pursuant to order dated 22.02.2023, MCD has filed its response dated 25.05.2023 and it is said that on the application filed by M/s Indus Towers Limited, Building No. 10, Tower-B, 4th Floor, DLF Cyber City, Gurugram, for installation of a Cellular Towers on Wheels (COW) at South Delhi Municipal Corporation Park, F-Block, Hari Kunj, the permission was granted as per the policy decision of Municipal Corporation of Delhi which was taken vide Resolution No. 259 dated 04.01.2020.
5. In our, resolution of Municipal Corporation cannot allow destruction of environment and if such a policy decision is taken, such policy decision would be illegal and in violation of provisions of Environment (Protection) Act, 1986.
6. With regard to the decision of this Tribunal in O.A. No. 232/2022 wherein it was observed that no mobile tower can be allowed to be installed in a park. Municipal Corporation has not said anything as to how it could have allowed installation of mobile tower despite such decision of this Tribunal holding that misuse of open area such as park which is facility for the residents is impermissible.
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7. Prima facie, we are now satisfied that installation of Cellular Towers on Wheels by M/s Indus Towers Limited is impermissible, illegal and contrary to the provisions of EP Act, 1986 and the Rules and the statutory directions issued thereunder as also judgment of this Tribunal on the subject.
8. Let M/s Indus Towers Limited be impleaded as Respondent No. 2 and Delhi Municipal Corporation be impleaded as Respondent No. 3.
9. Ms. Puja Kalra, Advocate has appeared on behalf of Municipal Corporation Delhi. Therefore, no notice be issued separately to Delhi Municipal Corporation since it is already represented and she has accepted notice on behalf of the said Corporation. Let Notice be issued to Respondent No. 2 i.e., M/s Indus Towers Limited by the Registry.
10. Newly impleaded Respondents may file their response as to why appropriate action in accordance with law be not taken in this matter including assessment of environment compensation. They may file their reply within three weeks.
11. List for further consideration on 11.07.2023.
Sudhir Agarwal, JM Dr. A. Senthil Vel, EM May 26, 2023 Original Application No. 24/2023 SN 3