National Green Tribunal
Gunjan Mittal vs Govt. Of Nct Of Delhi on 22 November, 2022
Item No. 5 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH AT NEW DELHI
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 416/2022
Gunjan Mittal ...Applicant
Versus
Govt. of NCT of Delhi ...Respondent
Date of hearing: 22.11.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: Mr. Dinesh Kumar, Advocate.
Respondents: Ms. Shakshi Popli, Advocate for respondent no. 3-DPCC.
Mr. Harish Mittal for Respondent No. 5-the project
proponent.
None for respondent no. 2-MCD.
Application is registered based on a complaint received by E-Mail.
ORDER
1. Miss Gunjan Mittal has sent the present letter petition, which has been treated and registered as Original Application, complaining that Harish Mittal and Saurav Mittal are running car repair workshop in the name of Mittal Car Scanning at the ground floor of the building situated near Chetan Complex Dilshad Garden, Shahdara, Delhi in which she is also running a boutique. The above said persons park many cars in front of the building which hinders its entrance. Number of persons who come to their workshop also park their cars on the road creating public nuisance with lot of noise and traffic jam. The activities in the workshop such as changing engine oil, spilling waste etc. cause huge pollution which adversely affecting the residents. The above said persons are also involved in the activity of burning old and used tyres which cause air pollution emitting hazardous fumes. The waste generated is dumped irresponsibly and the old split and broken O. A. No. 416/2022 Gunjan Mittal Vs. Govt. of NCT of Delhi -2- batteries of the cars are left in the open which constitutes hazardous waste composed of acidic solutions. Due to pollution and blocked entrance many of her customers turned away causing loss of her business. Due to pollution she has also become asthma patient.
2. Vide order dated 11.07.2022, this Tribunal constituted a Joint Committee comprising of DPCC and Deputy Commissioner (Shahdara), Delhi and directed the same to submit Factual and Action Taken Report within two months.
3. In compliance with the above said order, the Joint Committee inspected the site on 22.07.2022. Action Taken Report has been submitted on behalf of DPCC vide email dated 21.09.2022 along with copy of Joint Inspection Report.
4. Vide order dated 11.07.2022, this Tribunal sought response from (1) Government of NCT of Delhi through Chief Secretary, Government of Delhi, (2) DPCC (3) Commissioner, Municipal Corporation of Delhi, (4) District Magistrate, Shahdara, and (5) Project Proponent- M/s. Mittal Car Scanning, Ground Floor 251-A, near Chetan Complex, Dilshad Garden, Shahdara, Delhi who were impleaded as respondents No. 1 to 5.
5. In compliance thereof, response by way of affidavit on behalf of DPCC has been filed vide email dated 21.09.2022. The relevant part of the response is reproduced as under:-
"RESPOSE ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE (RESPONDENT NUMBER-2) IN COMPLAINCE TO THE ORDER DATED 22.09.2022.
x x x x x x
3. That in compliance with the order dated 11.07.2022, DPCC filed an action taken report on 21.09.2022, which is available on the records of this Hon'ble Tribunal. The report of DPCC was considered by this Hon'ble Tribunal on 22.09.2022. This Hon'ble Tribunal vide order dated 22.09.2022 pleased to direct the Government of NCT of Delhi, DPCC, Commissioner- Municipal Corporation of Delhi, District Magistrate, Shahdara to file reply/ O. A. No. 416/2022 Gunjan Mittal Vs. Govt. of NCT of Delhi -3- response. DPCC was also directed to serve the notice to the project proponent.
4. That, DPCC served the notice issued by this Hon'ble Tribunal to M/s Mittal Car Scanning on 14.10.2022. Copy of the service letter is enclosed herewith as Annexure-R-2/1.
5. That a joint inspection of the site was carried out on 22.07.2022 by the representative of DPCC, BSES, MCD and Revenue office. Unit was engaged in the activity of car repairing without washing. Car repairs was being done manually. Unit showed expired MCD license for the car repairing activity. One Borewell was also on site. Boutique at first floor was being operated by applicant. Applicant and M/s Mittal Car Scanning are sharing Electricity supply from common meter. BSES disconnected the electricity connection during the inspection. The activity was being carried out without the CTE & CTO from DPCC. The SDM (Shahdara) has issued sealing order with regard to borewell and also imposed penalty of Rs. 50,000/- under section 5 of the Environment (Protection) Act, 1986. DPCC asked the Commissioner, MCD to take action vide letter dated 26.07.2022.
6. That, DPCC issued show cause notice for imposing Environmental Damages Compensation to "M/s Mittal Car Scanning" of Rs. 5,00,000/- for operating without consent/ registration under Section 33(A) in Water (Prevention and Control of Pollution) Act, 1974 and under Section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981. In view of disconnection of electricity and borewell, DPCC not issued direction for closure.
7. That, a letter from M/s Mittal Car Scanning was received in the office of DPCC on 05.09.2022 interalia requesting to:
"At the outset it is submitted that no pollution of any kind is being generated in my premises. The water of borewell is being used only for domestic purposes.
Further, office of the SDM (Shahdara) has issued sealing order with regard to borewell and also imposed penalty of Rs. 50,000/-- against me under section 5 of the Environment (Protection) Act, 1986. As per legal advice received by undersigned, SDM has no power to impose penalty most particularly under the provisions of the Environment (Protection) Act, 1986.
The allegation put on me by Mrs. Gunjan Mittal are only for grabbing the land, creating nuisance and giving me metal torture. There is no pollution in my premises of any kind. This is only source of my livelihood.
Therefore I humbly request your Honour Sir, kindly look into the matter and BSES may be directed to re-connect the electricity. SDM (Shahdara) may also be directed to withdraw the penalty order.
Copy of the letter dated 05.09.2022 is annexed as ANNEXURE-R-2/2.
O. A. No. 416/2022 Gunjan Mittal Vs. Govt. of NCT of Delhi -4-
8. That, DPCC has also issued Show Cause Notice for imposition Environmental Damages Compensation (EDC) of Rs. 5,00,000/- on 21.09.2022.
9. That based on the series of consultations with SPCBs, different Government/ Non- government Institutions including industries and MoEF&CC, the following criteria on "Range of Pollution Index (PI) for the purpose of categorization of industrial sectors has been finalized by Central pollution Control Board:
o Industrial Sectors having Pollution Index score of 60 and above - Red category o Industrial Sectors having Pollution Index score of 41 to 59
-Orange category.
o Industrial Sectors having Pollution Index score of 21 to 40
-Green category.
o Industrial Sectors having Pollution Index score incl. & upto 20. - White category The above Categorization' is based on the relative pollution potential of the industrial sectors and grouping of the industrial sectors based on the use of raw materials, manufacturing process adopted and pollutants likely to be generated.
The categorization will be done on the basis of composite score (0-100 marks) of Pollution Index given in accordance with the following weightage.
Air Pollution Score based on parameters namely PM, 40 CO, NOx, SOX, HMs, Benzene, Ammonia and other Marks toxic parameters relevant to the industry. Water Pollution Score based on parameters namely 40 pH. TSS, NH-N, BOD, Phenol and other toxic Marks pollutants relevant to the industry.
Hazardous wastes (land fillable, incinerable, 20 recyclable) as generated by the industry. Marks Note:
Parameters to be decided on the basis of the nature of the wastes generating from the industrial sector.
Industries having only either water pollution or air pollution, the score will be normalized wrt 100.
The newly introduced White category of industries pertains to those industrial sectors which are practically non-polluting such as manufacturing of Biscuit trays etc. from rolled PVC sheet (using automatic vacuun forming machines), Cotton and woolen hosiers making (Dry process | only without any dying/washing operation), Electric lamp (bulb) and CFL manufacturing by assembling only, Scientific and mathematical instrument manufacturing Solar power generation through photovoltaic cell, wind power and mini hydel power (less than 25 MW). DPCC is following the criteria as prepared by Central Pollution Control Board.
O. A. No. 416/2022 Gunjan Mittal Vs. Govt. of NCT of Delhi -5-
10. That, the activity which was carried out on the premises, as generating hazardous waste, hence falls under Orange Category, although other source of pollution were not exist on the site.
11. That the notice for imposition of EDC for Rs 5,00,000/- was issued as per the EDC Policy adopted by DPCC in terms with EDC Policy of CPCB dated 30.03.2022. As per the policy, the formula used for calculation of EDC is as follows:
In the areas outside notified industrial/ Redevelopment Areas, Committee recommended that Environmental Compensation amount may be imposed on Lump sum basis is as under:
Godown/ storage of plastic scrap -- Rs. 1 Lakh Unit found operating/ sealed by other agency:
White category-Rs. 40,000 Green category-Rs. 2 Lakhs Orange category-Rs. 5 Lakhs Red/ Prohibited category-Rs. 10 Lakhs Therefore, the EDC is calculated as 5,00,000/-.
12. In view of the above stated facts and circumstances, the applicant is not entitled to any equitable relief as it has not come to this Hon'ble Tribunal with clean hands, as she also carrying out the activity from the same premises."
6. None has appeared for respondents no. 1, 3 and 4 despite service of notice on them by email.
7. No reply has been filed on behalf of the respondent no. 5, M/s. Mittal Car Scanning.
8. We have heard learned Counsels for the parties and gone through the material on record.
9. In the present case, as per the material on record the project proponent M/s. Mittal Car Scanning was engaged in the activity of car repairing without washing. The activity was being carried out without the CTE & CTO from DPCC. One borewell was also installed on the site. The SDM (Shahdara) issued sealing order with regard to borewell and also imposed penalty of Rs. 50,000/- under section 5 of the Environment (Protection) Act, 1986. The electricity connection to the unit has been disconnected by the BSES. The DPCC has issued show cause notice to O. A. No. 416/2022 Gunjan Mittal Vs. Govt. of NCT of Delhi -6- respondent no. 5 for imposing environmental damages compensation. The concerned authorities may take action against respondent no. 5 strictly in accordance with law and respondent no. 5 may also avail his remedies against action so taken in accordance with law.
10. In view of the above, no further action is required to be taken by this tribunal on the present original application which is disposed of accordingly.
11. A copy of this order be sent to the applicant and respondents by email for information/compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM November 22, 2022 AVT