National Green Tribunal
Ashok Kumar Malik vs Govt. Of Nct Of Delhi on 29 August, 2022
Item No.01 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.392/2021
Ashok Kumar Malik ...Applicant
Versus
Govt. of NCT of Delhi ...Respondent
Date of hearing: 29.08.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondent: Ms. Sakshi Popli, Advocate for DPCC.
Application is registered based on a complaint received by Post.
ORDER
1. Grievance in the application is against the allotment of some space by DDA to Agrani Matri Mandir, Sector-13 Rohini situated in open space/park. It is submitted that temple is a permanent source of disturbance to the nearby residents due to celebration of Durga Pooja in the nearby open encroached space and also playing of Loudspeaker and DJs in full volume. The senior citizens of the area are worst affected by the activities of the above temple.
2. Vide order dated 24.01.2022, this Tribunal constituted a Joint Committee comprising of DPCC, Deputy Commissioner, Rohini Zone (North Delhi Municipal Corporation), DCP, North and the District Magistrate, North West to look into the grievances of the applicant with direction to submit factual and action taken report.
O. A. No. 392/2021 Ashok Kumar Malik Vs Govt. of NCT of Delhi -2-
3. In compliance thereof the report of the Joint Committee has been submitted by DPCC vide email dated 10.05.2022. Since, the Joint Committee did not specifically look into the grievances of the applicant and did not specifically respond to the same and did not give particulars of the land in question and also its land use in the Master Plan and guidelines for its utilization/online booking for various functions, this Tribunal directed the Joint Committee to look into all relevant aspects including the grievances of the applicant and take appropriate remedial action by following due course of law and submit a further factual and action taken report.
4. Pursuant to order dated 25.05.2022, the Joint Committee further inspected the site in question on 08.08.2022 and Mohd Arif, Senior Environment Engineer, DPCC vide E-mail dated 24.08.2022 has submitted Action Taken Report alongwith Joint Inspection report dated 08.08.2022 of the Joint Committee and Action Taking Report dated 22.08.2022.
5. In the Joint Inspection Report dated 08.08.2022, the Joint Committee has observed as under:-
"1) The said land is a vacant land, CS/OCF-8 of DDA and is not a park as alleged by the petitioner in his complaint. (Latitude:
28.7237 Longitude: 77.1329).
2) During inspection, DDA official/representative told that as per master plan the Agrani Matri Mandir is constructed in area of 432 SQ M (area is religious) and the open/vacant land of DDA adjoining the mandir is of area 2169 SQ M (CS/0CF-8) and used for various functions for which booking is done online from DDA website by the applicants and the terms and conditions for booking this CS/OCF-8 are available on DDA website and the applicants have to follow the terms and conditions regarding booking the site.
3) At the time of joint inspection no Durga Puja/religious function found being carried out and no encroachment was traced out at the open/vacant land of DDA as alleged by the petitioner in his complaint. However as told by DDA representative the booking of the alleged function site for Durga Puja is from 01.09.2022 to 15.10.2022.
O. A. No. 392/2021 Ashok Kumar Malik Vs Govt. of NCT of Delhi -3-
4) DDA/MCD/Delhi Police officials/representatives were asked for taking necessary action regarding the noise pollution caused by the use of loudspeakers as alleged by the petitioner for the coming Durga Puja event which is scheduled from 01.09.2022 to 15.10.2022 and also if possible to shift the event to some other location by DDA as requested by the petitioner."
6. In the Action Taking Report dated 22.02.2022, it has been submitted as under:
" 1. The layout plan of the said vacant DDA land was approved by Commr. (Planning) dated 06/09/2001 at page-2 in file No. PP(R)/1003-13/2001/ PT named as `PROPOSED layout plan of CS/OCF-8 Sector-13'.
2. In the layout plan one land parcel measuring to area 432.00 sqm is marked as religious and another land parcel is marked as C.S. measuring 2169.00 sqm.
3. The religious land parcel is already allotted and Argrani Matri Mandir has already been constructed.
4. The land emmarked as C.S is a open space booking function site code RZ-104 adjoining Adarsh Kunj society. The booking of the said function site is available online on DDA website after accepting the T&C (copy enclosed).
5. Presently this functions site is booked for the durga Puja event which is scheduled from 01/09/2022 to 15/10/2022.
6. A joint inspection in this regards was held on with the Officials of Delhi Police, Revenue department, DPCC, MCD and DDA in the presence of AE-II/RMD-6/DDA on dated 08/08/2022 (copy enclosed) and it was requested to shift the event to some other location by DDA if possible. In this regard it is stated that the said function site is an approved function site by the Commr. (planning) DDA & presently no alternative location is available."
7. In the Action Taken Report submitted on behalf of the DPCC, reference has been made to order dated 02.08.2021 passed by the Hon'ble Supreme Court of India in Civil Appeal Diary No (s): 15182/2021 titled as North Delhi Municipal Corporation Vs. President Budhela Welfare Association & Anr. which reads as under:
" Permission to file the appeals is granted.
Appeals are admitted.
Issue Notice to the respondents.
Mr. Tushar Mehta, learned Solicitor General of India appearing on behalf of the appellants submits that the judgment and order under O. A. No. 392/2021 Ashok Kumar Malik Vs Govt. of NCT of Delhi -4- appeal has been passed without notice to the appellants-North Delhi Municipal Corporation (CA D. No. 15182 of 2021) and the South Delhi Municipal Corporation (CA D. No. 15754 of 2021). Accordingly, there will be stay of operation of the judgment and order under appeal. It is made clear that the directions of the Court in M.C. Mehta vs. Union of India reported in (2009) 17 SCC 683 with regard to the use of parks shall strictly be adhered to, and in no circumstances, shall use of parks for the purposes as mentioned in the said judgment be permitted for more than 10 days in a month."
8. Prima facie, booking of the land in question for Durga Puja from 01.09.2022 to 15.10.2022 is clear violation of order of the Hon'ble Supreme Court restricting use of such land for more than 10 days in a month.
9. Notices through E-mail be issued to (i) DDA through its Vice Chairman; (ii) DPCC through its Member Secretary; (iii) Delhi Police through its Commissioner; (iv) Municipal Corporation of Delhi through its Commissioner; and (v) Agrani Matri Mandir through its Trustee, who stand impleaded as Respondents no. 1 to 5. The Registry is directed to prepare and attach memo of parties to the application accordingly.
10. Ms. Sakshi Popli, Advocate has appeared for the DPCC and accepts notice on behalf of the DPCC.
11. Notice be served on Respondent no. 5, Agrani Matri Mandir through Member Secretary, DPCC and for this purpose its notice issued be sent to Member Secretary, DPCC by E-mail for getting service of the same effected on Respondent no. 5, Agrani Matri Mandir and sending his report in this regard.
12. List for further consideration on 30.08.2022.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 29, 2021 AG