National Green Tribunal
Pradeep Kadiyan vs Govt. Of Nct Of Delhi on 28 November, 2024
Item No. 12 Court No. 2
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
MISC APPLICATION IN DISPOSED OF CASES No. 117/2024
In
Original Application No. 435/2021
Pradeep Kadiyan Applicant
Versus
Govt. of NCT of Delhi Respondent(s)
Date of hearing: 28.11.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None
Respondents: None
ORDER
1. M.A No. 117/2024: Due to non compliance of Tribunal's order dated 23.12.2023, in respect of submission of report this matter has come up before us on Office Report dated 26.11.2024.
2. Issue of illegal stone crushing unit operating in violation of environmental norms was raised through letter petition received in Tribunal on 07.07.2021 from Pradeep Kadiyan, Advocate, which was registered as Original Application 435/2021 under Section 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act, 2010') for exercising suo-moto jurisdiction.
13. Tribunal vide order dated 27.01.2022 initially directed Delhi Pollution Control Committee (hereinafter referred to as 'DPCC') and District Magistrate, West, New Delhi to look into grievance of complainant and submit report.
4. Pursuant thereto, Committee submitted report dated 17.03.2022 which was considered by Tribunal on 27.07.2022 and thereafter, two more reports were received and ultimately vide judgement dated 23.11.2023, Original Application was disposed of and judgement reads as under:-
"
1. Mr. Pardeep Kadian, Advocate filed O.A No. 465/2021 titled as Pardeep Ranas Vs. Govt. of NCT of Delhi complaining about operation of stone crushing units in Village Nilothi, Delhi illegally/in violation of environmental norms causing air, noise and water pollution.
2. Vide order 27.01.2022, this Tribunal constituted a Joint Committee comprising of DPCC and District Magistrate (West), New Delhi with direction to look into the grievances of the applicant and take remedial action and submit factual and action taken report within three months.
3. In compliance thereof, the Joint Committee submitted report vide email dated 25.05.2022.
4. In the report of the Joint Committee it was mentioned that all the four units engaged in stone crushing had been closed and proceedings had been initiated for imposition of environmental compensation on each unit.
5. O.A No. 435/2021 was disposed of vide order dated 27.07.2022 with direction to DPCC to proceed further with the proceedings for imposition of environmental compensation and on realization to spend the amount of environmental compensation for restoration/improvement of environment of the area by preparing an Action Plan and implementing the same within the period of six months from the date of recovery of the amount of environmental compensation and submit report before the Ld. Registrar General of this Tribunal who was directed to put up the matter before the Bench for further directions, if necessary.
6. In compliance of order dated 27.07.2022, Status Report was filed by DPCC before the Ld. Registrar General of this Tribunal vide email dated 16.02.2023 inter alia mentioning therein that 2 Environmental Compensation of Rs. 8 lakhs was imposed by the DPCC and recovery certificate was sent to SDM (Punjabi Bagh), New Delhi for recovery of the amount and that the action plan for restoration/improvement of the environment of the area would be prepared once the amount of environmental compensation was realized.
7. Since the order passed by this Tribunal was not fully complied the matter was put up before this Bench for further directions.
8. Vide order dated 28.08.2023, notices were ordered to be issued to the DPCC and SDM, Punjab Bagh requiring them to file status reports within two months.
9. We have noticed clerical/typographical mistakes in numbering of paragraphs in order dated 03.11.2023 which are ordered to be corrected.
10. No Status Reports were filed by the DPCC and SDM, Punjabi Bagh and while noticing this fact, this Tribunal made the following observations in its order dated 03.11.2023:-
"8. In the present case as per the assessment made by DPCC for imposition of environmental damage compensation on the polluters in accordance with "Polluters Pays Principle", amount of Rs. 8 lakhs is required for restoration of environment in the area. After imposition of environmental damage compensation, reference was made to SDM (Punjabi Bagh) for realization of the same which SDM (Punjabi Bagh) has failed to recover. The restoration of environment cannot be made dependent on realization of environmental damage compensation and cannot be deferred indefinitely awaiting such realization by SDM (Punjabi Bagh). In the course of hearing of cases coming before us we have observed that generally revenue authorities/DM/SDM do not give due attention to the aspect of recovery of environmental damage compensation which remains unrealized for months/years all together. The damage to environment caused by the polluters may become irreversible/irreparable due to such long delays in remediation. Therefore, it will be appropriate that in cases of unreasonable delay in realization of environmental damage compensation by instrumentalities of State, the expenses required for remediation of the environmental damage caused and restoration of environment in the area are incurred immediately by the State which may thereafter recovered from the polluters.
9. We consider it appropriate to seek response of Chief Secretary of GNCT of Delhi as to why GNCT of Delhi be not directed to pay the amount of environmental damage compensation for restoration of environment/remediation of 3 environment damage caused in the area with the liberty to recover the same from the defaulters due to the reason that its officers have failed to take prompt action for realization of the same. Accordingly, the Chief Secretary of GNCT of Delhi is directed to file his response in this regard within two weeks at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
10. SDM (Punjabi Bagh) is also directed to file status report with all requisite details regarding steps taken for recovery of the environmental damage compensation from the defaulters within two weeks at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF."
11. In compliance thereof Status Report on behalf of the Chief Secretary, Government of NCT of Delhi has been filed by Mr. K.S. Jayachandran, Special Secretary, Environment vide email dated 22.11.2023. The relevant part of the Status Report on behalf of the Chief Secretary, Government of NCT of Delhi is reproduced below:-
"STATUS REPORT ON BEHALF OF CHIEF SECRETARY, DELHI IN VIEW TO THE ORDER DATED 03.11.2023.
X X X X
1. Grievance in this application is about operation of illegal stone crushing factory near the residence of Sh.Pardeep Ranas, advocate i.e. Udai Vihar, Phase-II, Village Nilothi, Delhi-110041.
2. That, this Hon'ble Tribunal vide order dated 27.01.2022 pleased to constitute a joint Committee of DM(West) & DPCC to visit the site and to look into the grievance in the application.
3. That in compliance with the order dated 27.01.2022, DPCC filed report of the committee through email dated 25.05.2022, which is available on the records of this Hon'ble Tribunal. In the report it was mentioned that:
(a) 04 stone crushing machines were being operated through diesel fired engines and all 04 stone crushing machines were effectively closed by the joint team. The units were engaged in crushing of demolished building material waste.
(b)Show cause notice for imposing environmental damages charges of Rs 2,00,000 on each unit has been issued.
4. That above mentioned report was considered by this Hon*ble Tribunal on 27.07.2022 and in the order it is mentioned:
4(a) It is evident from the report that all the four units engaged in stone crushing have been closed and proceedings have been initiated for imposing environmental compensation on each unit.
(b) The DPCC may proceed further with the proceedings for imposition of environmental compensation and on realization of environmental compensation, the amount recovered shall be spent by DPCC for restoration/improvement of environment of the area by preparing an Action Plan and implementing the same within the period of six months from the date of recovery of the amount of environmental compensation and a report regarding such action plan and its implementation may be furnished within one month thereafter.
5. That in compliance with the order dated 27.07.2022, DPCC filed compliance through email dated 16.02.2023, which is available on the records of this Hon'ble Tribunal. In the report it was mentioned that:
(a) The joint team at DPCC and Revenue department has inspected the site on 21.12.2022 and during the inspection it was observed that:
• No stone crushing units were found exists and operating at existing site.
• As information by locals that the said stone crusher has been closed and removed.
• In the location/ plots C&D waste besides malba was found dumped in heaps/ scattered.
• Once of the location of previously existing stone unit a cattle dairy being operated by Sh. Rajendra S/o Sh. Ram R/o Wazirpur, Jhajhar, Haryana.
(b) That, DPCC on 05.01.2023 requested to SDM (Punjabi Bagh) to recover the EDC of Rs 8 lakhs as imposed by DPCC against M/s Udai Veer, and M/s Raj Kumar Nain for operating 04 C&D waste Crushing Machine as arrears of land revenue and the same may by remitted to DPCC account.
(c) Action Taken Report in this regard may be intimated this office as the earliest.
(d) DPCC will prepare the action plan for restoration/ improvement of environment of the area once, EDC amount realized.
6. That above mentioned report was considered by this Hon'ble Tribunal on 28.08.2023 and in the order it is mentioned:
(a) Since the order passed by this Tribunal has not been fully complied the matter has been put up before this Bench for further directions.5
(b) Notices be issued to the DPCC and SDM (Punjabi Bagh), New Delhi requiring them to file Status Report within two months.
7. That, this Hon'ble Tribunal has considered the matter on 03.11.2023 and pleased to direct the Chief Secretary of GNCT of Delhi as to why GNCT of Delhi be not directed to pay the amount of environmental damage compensation for restoration of environment/remediation of environment damage caused in the area with the liberty to recover the same from the defaulters due to the reason that its officers have failed to take prompt action for realization of the same.
8. That on the issue of Environmental Damage Compensation, it is submitted that:
(a) that, DPCC on 05.01.2023 requested to SDM (Punjabi Bagh) to recover the EDC of Rs 8 lakhs as imposed by DPCC against M/s Udai Veer and M/s Raj Kumar Nain for operating 04, C&D waste Crushing Machine as arrears of land revenue and the same may by remitted to DPCC account.
(b) that, Assistant Collector, SDM (Punjabi Bagh) even has issued a notice to Sh. Udai Veer and Sh. Raj Kumar Nain to deposit an amount of Rs 8,00,000/- (Eight Lakhs) on or before 07.11.2023.
Copy of the Notice dated 03.11.2023 is annexed herewith as Annexure-1.
(c) As amount of Environmental Damage Compensation has not been deposited by M/s Udai Veer and M/s Raj Kumar Nain, therefore, "Warrant of Arrest" has been issued to SHO (NihalVihar) to produce both the person. Copy of the Warrant of Arrest dated 14.11.2023 is annexed herewith as Annexure-2.
(9) That, subsequent to receiving of the order dated 03.11.2023 passed by this Hon'ble Tribunal, Chief Secretary directed as follows:
(a) DPCC will release Rs 8,00,000/- (Eight Lakhs) to Department of Forests & Wild Life, GNCTD to grow trees in urban forest in their jurisdiction and maintain it for three years without waiting for recovery;
(b)Sub-Divisional Magistrate will recover Rs 8 (Eight) Lakh from M/s Udai Veer & Raj Kumar Nain R/o Udai Vihar, Ph-II Village Nilothi, Delhi-110041 latest by 23" December, 2023 and appraise the Court in due course of time;
(c) Sub-Divisional Magistrate was issued warning to be careful in future, while dealing with the environmental matters.
(d) Matter will be taken up with the Government in consultation with the Law Department that power to recover such damages as an arrears of land revenue may be delegated to officers of DPCC at appropriate level.6
(10) That there is considerable delay in implementation of the order passed by this Hon'ble Tribunal which may be attributed only to lethargy in the system for which corrective measures will be taken immediately. Necessary directions are being issued to all the Revenue officials most particularly DMs and SDMs to implement such orders passed by this Hon'ble Tribunal in time bound manner without fail otherwise disciplinary action will be initiate.
(11) That the present status report has been approved by Chief Secretary, Govt. of NCT of Delhi and may kindly be taken on record in compliance with the order passed by this Hon'ble Tribunal dated 03.11.2023."
12. Mr. Arvind Jain, SDM, Punjabi Bagh has appeared in person and submitted that environmental compensation amount of Rs. 8 lakhs has been recovered from the concerned violators.
13. The DPCC is directed to release amount of Rs. 8 lakhs within one week to the Department of Forest and Wild Life, GNCTD.
14. SDM, Punjabi Bagh is directed to transfer the amount deposited by the concerned Project Proponents with him to DPCC within 10 days.
15. The Department of Forest and Wild Life, GNCTD is directed to utilize the environmental compensation amount of Rs. 8 lakhs for afforestation in the area of Village Nilothi, Delhi or adjoining areas and file report in this regard alongwith photographs of the afforestation carried out, utilization certificate and other relevant documents within 6 months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before this Bench for further directions.
16. Since the illegal stone crushers had been closed, no further action is required to be taken regarding the same on the present application which is disposed of accordingly.
17. However, before parting with the case it may be observed that the material placed before this Tribunal shows that the DPCC had merely issued show cause notices to the violators imposing compensation of Rs. 2 lakhs on each of the 04 units and made reference to SDM, Punjabi Bagh for recovery of the amount on the basis thereof without passing any further order imposing environmental compensation on the defaulting units and treated the show cause notices as final orders. We are of the considered view that in such cases order imposing environmental compensation ought to be passed after giving opportunity of filing reply, if any, and opportunity of being 7 heard to the violators and while passing such orders the violators ought to be informed about the availability of remedy of filing of appeal against the same.
18. It may also be observed here that in status report filed on behalf of DPCC vide email dated 16.02.2023 it was observed that in one of the location of previously existing stone unit a cattle dairy is being operated by Mr. Rajender S/o Shri Ram resident of Wazirpur, Jhajhar, Haryana. The aspect of permissibility of running of the cattle dairy at the above said place and its relocation if so required has not been looked into by DPCC.
19. The Member Secretary, DPCC is directed to look into these aspects personally and issue appropriate instructions/directions for requisite compliance regarding the same and to file report alongwith copies of the instructions/directions issued and action taken within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before this Bench for further directions.
20. A copy of this order be sent to Member Secretary, DPCC by email for requisite compliance."
5. Department of Forest and Wildlife, GNCTD and also Member Secretary, DPCC were directed to submit reports as per directions contained in Para 15 and 19 of Judgement but said directions have not been complied and no report has been submitted by said Authorities. This approach on the part of State Authorities is highly deprecable, particularly when non-compliance of Tribunal's order is an offence under Section 26 of NGT Act, 2010.
6. However, instead of taking any further action at this stage, we find it appropriate to grant one more opportunity to said Authorities and direct them to submit report as per judgement dated 23.11.2023 within three weeks, failing which, concerned Authorities shall appear before Tribunal on the next date.
87. List on 08.01.2025.
8. A Copy of this order be forwarded to DPCC, Department of Forest and Wild Life, GNCTD, SDM, Punjabi Bagh by email for compliance.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM November 28, 2024 MISC APPLICATION IN DISPOSED OF CASES No. 117/2024 In Original Application No. 435/2021 AB 9