National Green Tribunal
Vivek Mahna vs Govt. Of Nct Of Delhi on 11 January, 2024
Item No. 11 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 195/2023
Vivek Mahna Applicant
Versus
Govt. of NCT of Delhi Respondent
Date of hearing: 11.01.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Ms. Madhumita Singh, Adv. for Applicant (Through VC)
Respondent: Ms. Jyoti Mendiratta, Adv. for Govt. of NCT of Delhi
ORDER
1. In this Original Application, the grievance has been raised that the green area and parks in village Bijwasan and Bhartal, New Delhi are being used for holding weddings and other social functions causing air pollution and releasing dust in the atmosphere and that the organizers of these functions are discharging sewage on open lands and roads causing water pollution in that area.
2. The Tribunal by order dated 28.04.2023 had constituted a joint Committee comprising of DPCC and District Magistrate, South West Delhi with the direction to them to visit the site, collect relevant information and submit a factual report within two months.
3. The report dated 01.08.2023 was earlier submitted under the signature of the District Magistrate mentioning that the inspection was done by JEE, DPCC and Patwari, Revenue Department. Hence, the 1 Tribunal in the proceedings dated 24.07.2023 had noted that the joint inspection was not done by the joint Committee constituted by the Tribunal and that the inspection was done when the function was not being held. Hence, the Tribunal by order dated 31.10.2023 had granted six weeks' time to the joint Committee to carry out the inspection keeping in view the observations made in that order.
4. Now again, a report dated 06.12.2023 under the signature of District Magistrate, District South West alone has been filed. It does not contain the signature of the Member or authorized representative of DPCC. The report is incomplete. It has been pointed out by the applicant that there are three banquet halls namely Crystal, Pearl and Sapphire in Krishna Greens and the report does not reflect as to which banquet hall was inspected. It has also been stated that there are toilets and washrooms in the banquet halls but they have not been inspected and it has not been disclosed as to where the sewage from these toilets is going when no sewer connection has been provided by the MCD. It has also been stated by Counsel for the applicant that even the capacity of the STP set up has not been disclosed and that the report relating to the noise pollution is in respect of the sample which was taken on 08.06.2023, much prior to the previous direction of the Tribunal. She has also pointed out that the report does not reflect the number of borewells and the extent of ground water being drawn by these banquet halls.
5. Thus, the report dated 06.12.2023, so submitted under the signature of District Magistrate, District South West alone cannot be relied upon.
6. In the circumstances of the case, we direct the Member Secretary, CPCB to get the fresh inspection done when the function is going on and ascertain the correct position and file the report keeping in view 2 observations made above at least one week before the next date of hearing by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF, keeping in view the observations which have been made above.
7. The District Magistrate, District South West is directed to remain personally present through VC on the next date of hearing.
8. List this matter on 11.03.2024.
Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM January 11, 2024 Original Application No. 195/2023 SN.
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