National Green Tribunal
S R Sangar vs Govt. Of Nct Of Delhi on 28 July, 2022
Item No.01 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.295/2022
S.R. Sangar ...Applicant
Versus
Govt. of NCT of Delhi ...Respondent
Date of hearing: 28.07.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Application is registered based on a complaint received by Post.
Applicant: None.
Respondent: Mr. Narender Pal Singh, Advocate for DPCC
ORDER
1. The grievances raised in the present Letter Petition sent by Mr. S.R. Sangar, Secretary General, Federation of Indraprasth Extention-II Housing Societies are that there are 13 neighborhood parks which have been transferred to the EDMC from the DDA. 473 borewells/tubewells have been closed by the Horticulture Department under orders of this Tribunal and letters number F/DJB/CE/SDW/S&E/2020/4089 dated 28.11.2020 and DOH/DDH/EDMC/2021/D-703 dated 02.03.2021 issued by Delhi Jal Board. The above said parks are located beyond 5 kms of the two STPs in Yamuna Vihar and Kondli and the claim of the EDMC that all these parks are within 5 kms of the 2 STPs is not correct. These parks are the lungs of the societies and closure of borewells/ tubewells has adversely affected the environment of the area in which AQI is high throughout the area. The applicant has accordingly prayed for restoration of the borewells/tubewells as a special exception for development and maintenance of the parks in the neighborhood.
O. A. No. 295/2022 S.R. Sangar Vs. Govt. of NCT of Delhi -2-
2. Vide order dated 05.05.2022, this Tribunal constituted a Joint Committee comprising of CGWA, DPCC, Commissioner, EDMC, Director Horticulture, Government of NCT of Delhi and Deputy Commissioner, East Delhi and directed the same to submit factual and action taken report within two months. The relevant part of the order is reproduced hereunder:-
"In view of the averments made in the present letter Petition, it would be appropriate to have a factual and action taken report from a Joint Committee comprising of CGWA, DPCC, Commissioner, EDMC, Director Horticulture, Government of NCT of Delhi and Deputy Commissioner, East Delhi. The Joint Committee may meet within four weeks, undertake site visits, look into the grievances of the applicants and take requisite action by following due process of law. Factual and action taken report shall in particular cover the material aspects whether parks in question are situated within 5 kilometers of 2 STPs established; whether arrangements have been made for supply of treated sewage water for gardening in the above said parks; justification for closure of the tubewells/borewells and necessity for restoration of any of the tubewells/borewells inconformity with the directions given by Hon'ble Supreme Court and this Tribunal in similar matters. DPCC will be the nodal agency for coordination and compliance. Factual and action taken report may be furnished 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..."
3. In compliance thereof, the Joint Committee inspected the area on 02.06.2022 and has submitted report vide email dated 11.07.2022. The relevant part of the report is reproduced as under:-
"X X X X X X
S. Parking N. of Parks No.of Borewell Supply of Water Park
No. Society (Maintaine & in Park Condition
d by) Current Status
1. Law 1 EDMC 1 Sealed Supply of Satisfactory
Apartment treated water greenery
from Kondli found
STP
2. Kiran Vihar 3 EDMC 1 Sealed No proper Poor
supply of water condition
3. Shanti Vihar 1 EDMC 1 Working Supply from Good
tubewell condition
O. A. No. 295/2022 S.R. Sangar Vs. Govt. of NCT of Delhi
-3-
4. Bahubali 4 EDMC 2 borwell EDMC mobile Good
Enclave defunct tankers condition 1
1 Working Satisfactory
3
5. Dayanand 6 EDMC 6 Working 1 Supply from Good
Vihar Defunct tubewell condition
6. Karkardooma 1 EDMC 1 Sealed Storage tank Poor
condition
7. Saini Enclave Nil-EDMC 1 Working Supply from Good
3 Society tubewell condition
8. Ashoka 1 EDMC 1 Working Supply from Good
Niketan tubewell condition
9. Manak Vihar 2 EDMC 2 Working Supply from Good
1 DDA tubewell condition
10. Yojna Vihar 9 EDMC 6 Working Supply from Good
tubewell & condition
tanker from
EDMC
11. Savita Vihar 2 EDMC 2 Working Supply from Good
tubewell condition
12. Anand Vihar 20 EDMC 14 Working Supply from Good
2 Non - tubewell condition
Working
13. Surajmal 12 EDMC 13 Working Supply from Good
Vihar 1 Defunct tubewell condition
The joint committee checked the radial distance from kondli STP & Yamuna vihar STP, (nearby STPs being operated by Delhi Jal. Board). Copy of the inspection report dated 02.06.2022 is enclosed herewith as ANNEXURE-1.
3. The aforesaid joint inspection, inter alia, reveals:
a) Only one park (Dayanand Vihar ) was found within a 5 km radius of the Kondli STP.
b) Other parks were found beyond the 5 Kms radius of both STPs.
c) 03 borewell were found sealed in 3 societies i.e. Law Apartment, Kiran Apartment and Karkardoma Society. All these three societies parks are located beyond 5 kms of radial distance from both STPs.
d) Park at Law Apartment is being maintained with treated water from STP and is in good condition. There is no arrangement of water Supply in other two Societies Park i.e. Kiran Apartment and Karkardoma Society.
O. A. No. 295/2022 S.R. Sangar Vs. Govt. of NCT of Delhi -4-
e) Other 10 society's parks are being maintained by EDMC. Out of 10 societies, 8 societies were being maintained through borwells/ tubewells.
f) The joint committee recommends de-sealing of borewell for maintaining the park with prior permission from the Hon`ble Green Tribunal/ & other statutory bodies. Till, then EDMC & DM should make necessary arrangement for supply of water for maintaining greenery in parks.
4. That, the Hon'ble High Court of Delhi passed order dated 06.05.2015 in WP(C) 2345/2014 titled as, "Court on Its Own Motion vs Union Of India: Ministry of Urban Developments & Others" regarding deplorable state of affairs in the Children Park . Operative portion with respect to parks is as under:
.....(III) each of the agencies concerned within whose territorial jurisdiction / domain any of the parks / children parks fall, to prominently display the policy aforesaid on their respective websites as well as at all parks/children parks, together with the designation of the officer so nominated for implementation thereof and from time to time also display the name of the officer occupying the said post and the telephone number(s), email address(s) and address, where grievances / complaints with _respect to the implementation of the policy can be lodged, along with the address, email address(s) and telephone number(s) of DCPCR to which grievances of non-redressal of the complaints can be made;
(Ti) DCPCR, to actively concern itself with the maintenance and upkeep of all children parks in Delhi, in accordance with the policy aforesaid and to from time to time have the parks inspected and to suggest to the governmental agencies concerned the steps to be taken for improvement thereof and to either on its own or on receipt of any complaint of failure to maintain the parks in terms of policy, enquire into same and take consequent action including of identifying the erring / guilty officials and reporting the same for appropriate administrative action...."
That, the issue of 5 kilo meters from STP arises out from the order dated 11.09.2019 passed by this Hon'ble Tribunal in OA 6/2012 i.e. "Manoj Mishra vs Union of India and Others". Relevant portion, on the issue may be read as under:
X. Use of treated waste water:
DJB uses only 90 MGD of treated waste water against 500 MGD of waste water treated at its 35 operational STPs. This is only 18% utilisation of treated waste water. The MC had highlighted that some of the treated waste water is of very good quality with BOD as low as 5-6 mg/L. Not utilising this water results in wasteful expenditure besides wasting a scarce natural resource treated at a very high cost of about Rs 11.90 per KLD (as per the information furnished by DJB,). MC had asked the DJB and the Park owning agencies like O. A. No. 295/2022 S.R. Sangar Vs. Govt. of NCT of Delhi -5- the DDA, DMC and PWD to use treated waste water from STPs for all the parks within 5 Km radius of STPs and authorities, despite DJB having pursued the matter with the DMCs, DDA, PWD and others. The DJB has now reported to NGT that it has done the following:
I) Plotted all the Parks located within 5 Km radius of all the DJB STPs and shared details with the Park Owning agencies.
II) Installed filling points at all the STPs for tankers lifting water. Notices issued to DDA, NDMC, All DMCs, CPWD, DMRC, PWD, DSUIB to submit ATR for utilisation of treated waste water failing which Advisory Committee shall be asked to seal the bore wells.
5. That, the Delhi Pollution Control Committee issued a letter dated 20.6.2022 to DM(Shahadara) in view of the recommendation of the joint inspection committee to take necessary action as per the recommendation of the joint committee. DPCC issued letter to Additional Chief Engineer, Delhi Jal Board with the request to provide treated STP water in all the parks to maintain greenery. Copies of the letters dated 20.06.2022 are enclosed herewith as ANNEXURE-2 (Cony) pending laying pipelines to have water transported through tankers. This has not been implemented by the"
4. Notice alongwith the application and report of the Joint Committee be issued to the Central Ground Water Authority, the Delhi Jal Board, Director (Horticulture), Government of NCT of Delhi, Commissioner, Municipal Corporation of Delhi and District Magistrate (East), Government of NCT of Delhi requiring them to file their response/reply to the allegations made in the application/observations made in the report of the Joint Committee within two months at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
6. List for further consideration on 31.10.2022 Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM July 28, 2022 AG