National Green Tribunal
Vishnu Kumar Agarwal vs Govt. Of Nct Of Delhi on 24 May, 2022
Item No.1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.104/2022
Vishnu Kumar Agarwal Applicant
Versus
Govt. of NCT of Delhi Respondent
Date of hearing: 24.05.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Respondents : Mr. Balendu Shekhar and Mr. Krishna Chaitanya,
Advocates for DPCC
ORDER
1. The grievance of the applicant-Mr. Vishnu Kumar Aggarwal is regarding running of illegal cold storage units in New Subzi Mandi, Azadpur, Delhi by the persons and at the addresses mentioned in the list reproduced below:-
S.N. Name Address
1 Om Fruit Co. C-1, New Subzi Mandi, Azadpur, Delhi
2 Sai Nath Impex C-21, New Subzi Mandi, Azadpur, Delhi
3 The Fruit World C-13, New Subzi Mandi, Azadpur, Delhi
4 New JCO Inter- C-29, New Subzi Mandi, Azadpur, Delhi
national
5 Gem Tree C-28, New Subzi Mandi, Azadpur, Delhi
6 Royal Asia Marketing C-34, New Subzi Mandi, Azadpur, Delhi
Agency
7 M.N. International C-35, New Subzi Mandi, Azadpur, Delhi
8 Luxmi Fruit Company C-42, New Subzi Mandi, Azadpur, Delhi
1
9 Ganga International C-44, New Subzi Mandi, Azadpur, Delhi
10 I.G. International C-59-60, New Subzi Mandi, Azadpur,
Delhi
11 MOR Fuite Pvt. Ltd C-563, New Subzi Mandi, Agadpur,
Delhi
12 V.A. Fruits C-64, New Subzi Mandi, Azadpur, Delhi
13 Suri Agro Fresh Pvt. C-78, New Subzi Mandi, Azadpur, Delhi
Ltd.
14 Suri Agro Fresh C-129, New Subzi Mandi, Azadpur,
Delhi
15 Agro World C-79, New Subzi Mandi, Azadpur, Delhi
16 G.M. International C-87, New Subzi Mandi, Azadpur, Delhi
17 Mahamani & Co C-85, New Subzi Mandi, Azadpur, Delhi
18 R.B. Impex C-110, New Subzi Mandi, Azadpur, Delhi
19 G.T. Fruitech Pvt C-105, New Subzi Mandi, Azadpur,Delhi
20 Bua Ditta Surinder C-200, New Subzi Mandi, Azadpur,
Kumar Delhi
21 Kapsons Inter- C-107, New Subzi Mandi, Azadpur,
national Delhi
22 MKC Agro Fresh Pvt. C-80, New Subzi Mandi, Azadpur, Delhi
Ltd.
2. The applicant has submitted that the above said cold storage units are being run in violation of the environmental norms, rules and regulations as mentioned below:-
1. Without any consent or permission to operate or establish from the Delhi Pollution Control Committee and in violation of the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.
2. Without any license from the Agriculture Produce Marketing Committee, NCT of Delhi and in violation of the Delhi Agricultural Produce Marketing Committee Act, 1998.
3. Without any Factory License and in violation of the Factories Act, 1948.
4. Operation in non-designated industrial area in contravention of the Master Plan of NCT of Delhi."2
3. The applicant has also submitted that show-cause notices were issued to these cold storage units by DPCC, Department of Enforcement Agriculture Produce Marketing Committee, Department of Factories, Government of NCT of Delhi and Municipal Corporation of Delhi but they have continued to operate with impunity.
4. The applicant has further submitted that the above said illegal cold storage units are causing harm to the life of the general public as mentioned below:-
"1. Release of Toxic, Harmful and Poisonous Gases in the Air which cause irritation in the eyes, skin rashes, breathlessnees and other harmful health effects to the general public.
2. A number of accidents wherein the employees of these cold storage unit have suffered injury."
5. Having regard to the seriousness of the allegations, this Tribunal vide order dated 04.02.2022 constituted a Joint Committee of the DPCC, Commissioner, Municipal Corporation of North, Delhi and District Magistrate, North-West to visit the site, look into the grievance of the applicant and submit factual and action taken report.
6. In pursuance thereof the Joint Committee has sent its report by email dated 10.05.2022 with the observations/recommendations which are reproduced below:-
"a. All the units are trading shops for fruits with refrigeration facility (except at S.No. 4 8s 12) using AC of capacity 1-2 tones plot area of each unit is approx. 60 sqm. b. 1 unit at S.No. 10 could not be located and does not exist.
c. No trade effluent/ air emission observed. d. No Industrial/ Manufacturing activity is carried out. "
7. We find from the report that despite direction given by this Tribunal to the Joint Committee vide order dated 04.02.2022 to look into 3 the grievances raised by the applicant in the complaint regarding issuance of show cause notices to the owners of cold storage units in question by DPCC, Enforcement Department of Agriculture Produce Marketing Committee, Department of Factories, Government of NCT of Delhi and Municipal Corporation of Delhi, the Committee has not looked into the same.
8. In view of the above, the Joint Committee is directed to look into all the grievances raised by the applicant regarding requirement of requisite licences/compliance with statutory provisions and issuance of show cause notices issued by DPCC, Enforcement Department of Agriculture Produce Marketing Committee, Department of Factories, Government of NCT of Delhi and Municipal Corporation of Delhi to the persons running the cold storage units in question. The Joint Committee may meet again, undertake site visits, look into all relevant aspects and the above referred grievances of the applicant and take requisite action by following due process of law and furnish factual and action taken report within two 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.
List the matter for further consideration on 22.08.2022. A copy of this order, along with a copy of the application, be forwarded to the DPCC, Commissioner, Municipal Corporation of North Delhi and District Magistrate (North-West) by e-mail for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM May 24, 2022 Original ApplicationNo.104/2022 AG 4