National Green Tribunal
Gautam Nagar Residents Association ... vs Commissioner South Delhi Municipal ... on 19 July, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 05 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No.232/2022
(I.A. No.73/2022)
Gautam Nagar Residents Association Regd. Applicant
Versus
Commissioner, SDMC & Ors. Respondent(s)
Date of hearing: 19.07.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Respondent(s): Mr. Anil Hooda, Advocate
Mr. Narender Pal Singh, Advocate for DPCC
ORDER
1. Grievance in this application is that M/s Indus Tower Ltd. has been allowed to construct a mobile tower in Sadbhawna Park, Opposite Gulmohar Enclave Gate No. 4, Gautam Nagar, Ward No. 62/S, New Delhi.
2. Vide order dated 08.04.2022, the Tribunal sought a factual report from a joint Committee comprising of Delhi Pollution Control Committee (DPCC) and District Magistrate, South Delhi and also sought response from project proponent (PP)- R-4.
3. Accordingly, report has been filed by DPCC on behalf of the joint Committee as follows:-
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"At the outset in the presence of above mentioned officers/officials joint inspection is carried out and it has observed that a Mobile Tower of Indus Company is installed in the park of SDMC (Horticulture) measuring about 3500 Sq. Yards. Sh. Naresh Sharma (contact person of the company) is contacted over phone and he is directed to provide necessary permission of SDMC for installation of Mobile Tower. Local residents of the area namely Sh. Satpal, Sh. Bhanu Prashad and Sh Preetam Singh and others are present at the site and they have expressed their problem/concern to the joint inspection team regarding evening/morning walk and other public related activities. Details of permission with respect to installation of Mobile Tower in the park may be asked from SDMC. Photogrphs relating to Joint Inspection are enclosed."
4. The report further mentions the action taken to be as follows:
"4. That DPCC, on 15/05/2022 has asked SDMC to specify its policy for installation of mobile towers in parks and the status of the parks/ site in question regarding permissibility of mobile tower here. Copy of the email dated 15.05.2022 is annexed herewith as Annexure-II. The, reply from SDMC is still awaited.
5. That this Hon'ble Tribunal in OA Number 61 of 2012 titled as, "Dr. Arvind Gupta & others Versus Union of India and others" vide judgment dated 10.12.2015 categorically hold that:
33. In view of the above discussion, we are of the considered view that radiation i.e. emission of electromagnetic waves from the towers constructed by the respective respondents does not fall within the ambit, scope and jurisdiction vested in this Tribunal under the provisions of the NGT Act with reference Environment (Protection) Act, 1986.
6. That, the answering respondent vide its letter dated 17.05.2022 forwarded the present Original Application to the South Delhi Municipal Corporation and Department of Telecommunications, Ministry of Communications, Government of India for taking further necessary action under intimation to this Office. Copy of the letter dated 17.05.2022 is enclosed herewith as Annexure-III."
5. From the above, it is seen that DPCC has merely passed on its responsibility to the SDMC, ignoring the fact that no mobile tower can be allowed to be installed in a park. Question is not of radiation only but of misuse of open area such as park which is facility for the residents. No response has been filed by the PP inspite of opportunity available.
6. In view of above, the DPCC may take further action for compliance of environmental norms by exercising its coercive measures. Apart from DPCC, the Commissioner, Municipal Corporation, Delhi has also to take 2 remedial action in the matter to ensure that the park is not used for any non-conforming purposes. If necessary, the said Authorities may take Police help for execution of this order.
7. The Commissioner, Municipal Corporation, Delhi and DPCC may file their action taken reports in the matter within one month by email at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF with the Registrar General of this Tribunal within one month. If found necessary, the same may be placed before the Bench.
Subject to above, the Application is disposed of. I.A. No.73/2022 will also stand disposed of.
A copy of this order be forwarded to the DPCC and the Commissioner, Municipal Corporation, Delhi by email for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM July 19, 2022 Original Application No.232/2022 (I.A. No.73/2022) AB 3