National Green Tribunal
Residents Of Delhi Through Shobha ... vs Delhi Metro Rail Corporation & Ors on 18 October, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
M.A. No. 47/2022
IN
Execution Application No. 06/2022
IN
Original Application No. 651/2019
Shobha Agarwal Applicant
Versus
Delhi Metro Rail Corporation & Ors. Respondent(s)
Date of hearing: 18.10.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
ORDER
1. This application is for execution of order of this Tribunal dated 17.03.2021 in O.A. No. 651/2019, Residents of Delhi through Shobha Agarwal vs. Delhi Metro Rail Corporation & Ors.
2. By the said order, this Tribunal, in the light of report dated 14.01.2021 by joint Committee comprising Central Pollution Control Board (CPCB), IIT, Delhi and Delhi Pollution Control Committee (DPCC), directed that the commercial complex project of Delhi Metro Rail Corporation at Bhikaji Cama Place must address environmental issues as mentioned in the order as follows:-
"4. We have heard learned Counsel for the parties. Learned Counsel for the applicant submitted that the report refers to the data during the 1 lockdown and impact of traffic is not duly reflected. The correct data needs to be considered and mitigation measures adopted, apart from other safeguards suggested by the Committee. The Committee has found that approval from the DDA for land use has yet to be received. Clearances from other agencies have also not been received. Such approvals must be obtained before proceeding further. The Committee has rightly recommended that no groundwater be extracted during construction phase and before dewatering NOC be obtained and inlet digital flow meters be installed. During construction and occupancy phase all environmental norms and mitigation measures be strictly adhered to.
5. We find merit in the suggestion. Accordingly, we direct that apart from recommendations of the Committee, there is need for maintaining adequate greenery and to mitigate the adverse impact of the project which needs to be monitored by a joint Committee of CPCB, DDA and PCCF, Delhi. DDA will be the nodal agency for coordination and compliance. The survival of transplanted trees may be also monitored by the said Committee. The Committee may also evolve a plan for mitigation measures against the air pollution on account of traffic and traffic congestion based on authentic and realistic data and not merely data of lockdown period. The project proponent will be bound to follow the directions issued in this regard."
3. In this application, it is stated that the Delhi Metro Rail Corporation is going ahead with the project in violation of the above directions. Further, the project has been expanded to cover more than 20000 sq meters which require EC as per EIA Notification dated 14.08.2006.
4. Vide order dated 23.02.2022, the Tribunal sought a factual report from joint Committee of CPCB, DPCC and PCCF, Delhi.
5. Accordingly, report has been filed through the DPCC on 20.06.2022 to the effect that the project is not proceeding and necessary processes are pending. The project should proceed only after requisite clearances.
Observations, conclusion and recommendations in the report are :-
"Based on the site visit and perusal of the information submitted by DMRC, following observations have been made by the Committee:
1. No construction work for the proposed Commercial Complex has been found on the day of site visit and only the barricading had been made to secure the land.
2. The DMRC has confirmed that change of land use from Recreation (District park) to transportation is still under consideration at the 2 level of DDA. Accordingly, DMRC has stopped all construction activities pertaining to the commercial complex.
3. As per submission by DMRC, there is no addition in the land area for the proposed development project having land area of 13,332 sqm. However, DMRC has acquired two additional pieces of land measuring 2,100 sqm and 1,147 sqm which are allotted temporally only to facilitate execution of project during construction phase and not for commercial project development.
In support of this submission about additional acquirement of land parcels, DMRC has provided a copies of following documents:
a. Copy of the letter dated 23.11.2020 issued by the Land and Development Office (Annexure-IV/A of Annexure-A) for allotment of land measuring 2100 sqm for a period of 04 years and b. Copy of the letter dated 16.04.2019 issued by the Land and Development Office for allotment of land measuring 1147 sqm for a period upto 31.03.2020 (Annexure-IV/B of Annexure-A).
4. In the report of the 1St Joint Committee comprising of CPCB, IIT Delhi and DPCC, the details of Land had been indicated as follows:
"Land measuring 13,332 Sqm. had been allotted by Land & Development Office, Ministry of Housing and Urban Affairs (MoHUA) vide letter dated 16.04.2019 to DMRC Ltd. on permanent basis (4816 Sqm. for ancillary building and water boosting station and Vent Shaft, 6109 Sq.m. for proposed Property Development and 2407 Sq. m for Entry and Vent Shaft and lift) at Bhikaji Cama Place, New Delhi."
However, the DMRC vide letter dated 25.05.2022 through its Advisor-PD submitted the details of area statement (stating it as built-up area) for the land of 13332 sqm along with foot print of proposed PD building planned to be constructed above ground metro station. In this letter, the PD area is mentioned as 2,667 and other areas i.e. station entry-exit/ lift-accelerators (909 sqm), station ancillary building (608 sqm), boosting pump station (1150 sqm), STP (150 sqm), Ramp (254 sqm), road circulation area/ green area/ paved area/ parking area (7594 sqm) (Annexure-V of Annexure-A).
5. Regarding the monitoring by the joint committee comprising of CPCB, DDA and PCCF, Delhi for maintaining adequate greenery and to mitigate the adverse impact of the project and for the survival of transplanted trees; it is submitted that a meeting of the aforesaid committee was held on 11.10.2021. The minutes of the above said Joint Committee are placed at Annexure-B. After detailed deliberations, the following was decided:
3a. DMRC to submit Environment Impact Assessment study for the proposed development to assess the actual quantum of impact on the traffic, air quality and overall environment and ecology of the area.
b. DMRC in consultation with CPCB to engage a third party expert/ consultant and submit a report on air pollution mitigation measures.
c. DMRC and Forest Department, GNCTD to submit the report w.r.t. compensatory plantation for the said proposal.
d. DMRC to explore the possibility of providing an alternative site of same quantum of land for compensatory the green proposed for change of land use.
e. It was observed that the site under reference is abutting the major roads i.e. ring road and Africa Avenue road. DMRC to take necessary clearance/ approval from road owing agencies i.e. PWD, GNCTD and NDMC.
f. DMRC to conduct Traffic Impact Assessment (HA) study considering the comprehensive proposed road network development of World Trade Centre and High density redevelopment proposals around the Netaji Area. The TIA shall be vetted by Delhi traffic Police & PWD. g. A report on survival of transplanted trees be submitted by DMRC for monitoring by the committee.
6. The NOC for the commercial development has been accorded to DMRC by DCP Traffic on 22.10.2021 and PWD on 03.03.2022 (Annexure-VIII of Annexure-A).
7. So far, DMRC has not submitted any application before DPCC to get Consent/ Clearance for the proposed commercial complex.
8. DCF (West), subsequent to the inspection of the Joint Committee conducted on 20.05.2022, ascertained the status of existing trees in the land for the proposed development as well as the temporary land allotted to DMRC for the proposed construction work and found that a total of 111 nos. of trees are standing in the vacant land (temporary allotted). Out of 111 nos. of trees, 6 trees are standing on the stretch behind petrol pump and 105 nos. of trees are standing on the stretch adjacent to proposed commercial complex. The paver blocks have been fixed on the land barricaded behind the petrol pump. Accordingly, DCF (west) has advised the DMRC for numbering of these 111 no. of trees and remove the paver blocks behind station building stretch where plantation of 10-20 nos. of trees may be carried out to mitigate the environmental loss if any. Copy of letter dated 30.05.2022 is annexed as Annexure-C.
3. Conclusion and Recommendations
1. In view of above, the committee is of the view that DMRC should submit a point wise compliance report to DDA in respect of the decisions taken in the meeting dated 11.10.2021 by the Joint Committee of CPCB, DDA and PCCF of which DDA is the nodal agency.
42. Subsequently, the aforesaid committee may evolve a plan for mitigation measures against the air pollution on account of traffic and traffic congestion based on authentic and realistic data before starting the construction work as directed by Hon'ble NGT vide its order dated 17.03.2021.
3. DMRC should obtain all statutory clearances/NOCs from concerned agencies after getting the permission of the land use from DDA.
4. DMRC should ensure adherence to the recommendations made in the Joint Committee's Report submitted before Hon'ble NGT in compliance of Hon'ble Tribunal's order dated 11.08.2020 in OA No. 651/2019 and also the recommendation of the Joint Committee comprising of CPCB, DDA and PCCF constituted in pursuance of Hon'ble NGT order dated 17.03.2021 of which DDA is the nodal agency."
6. We have considered the matter and are of the view that the report should be accepted and the DMRC should act accordingly. The statutory regulators may oversee compliance as per law.
The Application will thus stand disposed of with directions to the DMRC in terms of the report.
A copy of this order be forwarded to the DPCC and DMRC by email for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM Dr. Afroz Ahmad, EM October 18, 2022 M.A. No. 47/2022 IN Execution Application No. 06/2022 IN Original Application No. 651/2019 AB 5