National Green Tribunal
Vivek Mahna vs Govt. Of Nct Of Delhi & Ors on 28 February, 2025
Item No. 17 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Execution Application No. 33/2024
In
Original Application No. 195/2023
(IA No 671/2024, IA No 69/2025)
Vivek Mahna Applicant
Versus
Govt. of NCT of Delhi & Ors. Respondent(s)
Date of hearing: 28.02.2025
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, Mr. Sameer Sood & Mr. Vishnu Kesharwani,
Advs. for Applicant in E.A No. 33/2024
Respondents: Mr. Balendu Shekhar & Ms. Tanisha Samanta, Advs. for DPCC
Ms. Jyoti Mendiratta & Ms. Ananya Basudha, Advs. for DM (South-West),
Delhi
Mr. Raj Kumar, Adv. for CPCB
ORDER
1. By this execution application, Applicant is seeking compliance of the order dated 06.05.2024 passed in OA No. 195/2023.
2. The OA was registered on the basis of the letter petition containing the grievance relating to the use of green area and parks in Village Bijwasan and Bhartal, New Delhi for holding wedding and other social functions and violation of the norms.
3. The Tribunal in the order dated 06.05.2024 had noted the details of the project proponent and had also considered the reports which were submitted by the Central Pollution Control Committee (CPCB) and the joint Committee and had disposed of the OA by directing as under: 1
"xxx ........................................xxx.......................................xxx
10. The District Magistrate, South West, present in person, has submitted that he will duly consider the issue of cancelling the permission granted to the Project Proponent in view of the violations which have come on record.
11. When once the violations have been found by the CPCB, appropriate action is also required to be taken by it by duly following the principles of 'Natural Justice'.
12. Hence, we dispose of the OA directing the Member Secretary, CPCB to take appropriate action in accordance with law against the violators by duly following the principles of natural justice and submit action taken report before the before the Registrar General of the Tribunal within three months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF and if found necessary, the matter may be listed before the Bench for consideration."
4. The Delhi Pollution Control Committee (DPCC) has filed the compliance report disclosing the action taken in compliance with the above direction of the Tribunal as under:
"xxx ........................................xxx.......................................xxx
4. That, CPCB carried out the inspection of the unit on 22.02.2024 and 25.02.2024 and found the unit non-complying. Subsequently, in compliance to the order passed by this Hon'ble Tribunal dated 06.05.2024, CPCB issued directions to DPCC u/s 18(1)(b) of Water Act, 1974 and Air Act, 1981 vide letter dated 16.08.2024. Copy of the direction dated 16.08.2024 is enclosed herewith as ANNEXURE-
1.
5. That, in pursuance to the CPCB directions, SCNs and letters were issued by DPCC to the unit vide letters dated 01.10.2024 and the CPCB was also apprised about the action taken against the unit. Thereafter, the unit submitted replies to the following actions:
• SCN for closure U/s 33(A) of Water Act, 1974 and 31(A) of Air Act, 1981 • Show Cause Notice for revocation of consent.
• SCN for imposition of EC of Rs.3,75,000/-
• Direction to the unit to not to operate the DG sets till it complies
with the Direction No. 76 of CAQM.
6. That, to verify the response/representation submitted by the unit, officials of DPCC carried out inspection of the unit on 05.12.2024 and it was observed that:
• Effluent Treatment Plant (ETP) installed in unit was found treating 16-18 KLD effluent discharge in violation of the condition of Consent to Operate (CTO) dated 29.08.2023 issued by DPCC having certificate No. G-33195 as the quantity 2 of the trade effluent discharge from the unit shall not exceed 3000 Litres/Day as per CTO conditions.
• 05 Diesel Generator (DG) sets were found operational in unit (03 DG sets having 125KVA, 01 DG set having 62 KVA and 01 DG set having 250 KVA capacity), which is in violation of the CTO conditions, wherein it is mentioned that the addressee unit was permitted to operate only 02 DG sets in the unit.
7. That in compliance with the CPCB directives, DPCC issued direction for closure vide letter dated 08.01.2025, consent to operate was revoked and also imposed Environmental Compensation (EC) of Rs. 3,75,000/-, in view of the non-compliances observed by CPCB officials on 22.02.2024 and 25.02.2024 and DPCC officials observations on 05.12.2024.
8. That direction of closure was challenged before the Hon'ble High Court Delhi in WP(C) No. 832/2025 by the unit. The unit has informed Hon'ble High Court that the power supply of the unit was disconnected by BSES Rajdhani Power Ltd on 16.01.2025. The Hon'ble High Court directed DPCC to inspect the site within 2 days vide its order dated 22 January 2025.
9. That in compliance with order dated 22.01.2025 passed by Hon'ble High Court, officials of DPCC inspected the unit on 23.01.2025 and following observations were made:
• Unit found non-operational in compliance of DPCC's closure directions dated 08.01.2025.
• ETP found installed and in operational condition. • Unit has installed inlet and outlet flow meters and maintained the logbook.
• ETP logbook maintained.
• Treated water is being used for gardening purposes.
• Unit was using 2 DG sets for electricity for their basic needs
and maintained their logbook.
• Borewell is approved by CGWA, DJB & DAC for commercial
purposes.
Copy of the inspection report alongwith geo-tagged photographs is enclosed herewith as ANNEXUE-2.
10. That unit has deposited the Environmental Compensation which was imposed by the DPCC. Deficiencies were removed, as observed during the inspection on 23 January 2025.
11. That the Hon'ble High Court of Delhi has disposed of the matter vide its order dated 28.01.2025 and directed DPCC to re-examine the matter, and if necessary, recall/modify the impugned order/s dated 08.01.2025.
12. That in view of findings/observations of the inspection dated 23.012025, DPCC has issued letter dated 17.02.2025 to unit to file application for Consent to Operate. Copy of the letter dated 17.02.2025 is enclosed herewith as ANNEXURE-3.3
13. It is therefore requested to this Hon'ble Tribunal that the action taken report may kindly be taken on record."
5. The above report reveals that the closure directions have been issued, environmental compensation has been imposed and the matter was also taken to the High Court of Delhi in W.P.(C) No. 832/2025 and the direction of re-examination by the DPCC has already been issued while disposing of the Writ Petition.
6. Hence, we are of the view that needful in terms of the order of the Tribunal has been done.
7. Hence, the Execution Application is disposed of.
8. In view of the order passed above, no order on IA No. 69/2025 for impleading of project proponent is necessary. The pending IAs are accordingly disposed of.
Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM February 28, 2025 Execution Application No. 33/2024 In Original Application No. 195/2023 (IA No 671/2024, IA No 69/2025) dv..
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