National Green Tribunal
D K Puri vs Govt. Of Nct Of Delhi on 30 September, 2022
Item No.05 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 628/2022
D.K. Puri ...Applicant
Versus
Govt. of NCT of Delhi ...Respondent
Date of hearing: 30.09.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Applicant in person.
Application is registered based on a Letter Petition received by Post
ORDER
1. Mr. D.K. Puri, President A and D Blocks, Vikas Puri, Residents Welfare Association has sent the present letter petition by Email, which has been treated as Original Application, complaining about noise pollution caused by continuous running of generators by Reliance Mall, A Block Community Centre, Vikas Puri.
2. The applicant has submitted that the above said mall is running 2 X 2000 KVA generators round the clock which are causing noise pollution harmful to the physical and mental health of residents of the locality including senior citizens and posing serious health problems to them by leading to irritation and loss of sleep, rest and peace.
3. In view of the averments made in the application, we consider it appropriate to have response of (1) NCT of Delhi through its Chief Secretary, Government of NCT, Delhi, (2) DPCC (3) Commissioner, Municipal O. A. No. 628/2022 D.K. Puri Vs. Govt. of NCT of Delhi -2- Corporation of Delhi, (4) District Magistrate (South West), Delhi and (5) Reliance Mall, A Block, Community Center, Vikas Puri, New Delhi- 110018 who stand impleaded as respondents No. 1 to 5.
4. The Registry is directed to prepare and attach memo of parties to the application and issue notices to respondents No. 1 to 5 accordingly.
5. In view of the allegations made in the application, we also consider it appropriate that a Joint Committee be constituted to verify the factual position. Accordingly, we constitute a Joint Committee comprising of representatives of DPCC, Commissioner MCD and District Magistrate (South West), Delhi and direct the same to meet within one month, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representatives of the project proponent, verify the factual position and submit its report within two months by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. The DPCC will be the nodal agency for coordination and compliance.
6. In case the Joint Committee observes any violation of consent conditions/environmental norms, then it shall forward a copy of its report to:-
(i) The Project Proponent to enable it to comply with the recommendations in the report of the Joint Committee or file objections against the observations/recommendations contained in the same and file its response before this Tribunal within one month from the date of receipt of a copy of the report of the Joint Committee by e-
mail at judicial [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF; and
(ii) The concerned Statutory Authorities including DPCC, Commissioner MCD and District Magistrate (South West), Delhi to O. A. No. 628/2022 D.K. Puri Vs. Govt. of NCT of Delhi -3- enable them to take appropriate remedial action, in accordance with Statutory provisions mandating them to take remedial action for prevention, control and abatement of environmental pollution/degradation and for protection and improvement of environment, by giving notice to/hearing the project proponent and following due process of law within one month from the date of receipt of a copy of the report of the Joint Committee by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
7. List for further consideration on 17.01.2023
8. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the DPCC, Commissioner MCD and District Magistrate (South West), Delhi by e-mail for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM September 30, 2022