National Green Tribunal
Vivek Mahna vs Govt. Of Nct Of Delhi on 31 October, 2023
Item No. 09 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No.195/2023
Vivek Mahna Applicant
Versus
Govt. of NCT of Delhi Respondent
Date of hearing: 31.10.2023
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Ms. Madhumita Singh, Adv. for Applicant
Respondent: Ms. Jyoti Mendiratta, Adv. with Ms. Namgyal Angmu, SDM Kapashera
(Through VC) & Mr. Upender Kumar, Tehsildar
ORDER
1. The Original Application was registered on the basis of the letter petition with the grievance that the green area and park in Village Bijwasan and Bhartal, New Delhi being used daily for holding wedding and other social functions causing air pollution with the release of huge dust in the atmosphere and also resulting in water pollution due to discharge of sewage on the open land and the roads.
2. The Tribunal by order dated 28.04.2023 had constituted a joint Committee with the following directions:-
"3. In our view, a substantial question relating to environment due to implementation of Scheduled enactment under NGT Act, 2010 has arisen but before taking any further action in the matter, we find it appropriate to obtain a factual action taken report, for the purpose whereof, we constitute a joint Committee comprising DPCC and District Magistrate, South West Delhi who shall visit the site, collect relevant information and submit a factual 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." 1
3. As per the above direction, the joint Committee was required to visit the site, collect relevant information and submit a factual report.
4. A report on 30.10.2023 has been filed under the signature of the District Magistrate, District South West but a perusal of the said report reveals that the report is based upon the joint inspection done by JEE, DPCC and Patwari, Revenue Department. The joint inspection has not been done by the joint Committee which was constituted by this Tribunal and as per the direction of the Tribunal. A perusal of the report also reveals that the inspection was done when no function was being held at the alleged site. The violation by concerned person at the time of holding of functions can be ascertained if the inspection is done at the time when the activity is going on at the site. We also gather from the photographs that a DG set has been kept there but there is no report in respect of the pollution being caused by it.
5. Ms. Namgyal Angmu, SDM Kapashera appearing on behalf of the District Magistrate, District South West has submitted that a fresh report covering all the above points will be submitted by the joint Committee after due compliance of the directions of the Tribunal.
6. Hence, we give further six weeks' time to the joint Committee to carry out the inspection keeping in view the observations made above and submit a fresh report by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
7. Having regard to issue involved, stand of the MCD is also required to be considered. Hence, notice be issued to the Commissioner, MunicipalCorporation Delhi. Counsel for the applicant is directed to serve 2 the said newly added respondent and file affidavit of service on the next date of hearing.
8. List this matter on 11.01.2024.
Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM October 31, 2023 Original Application No.195/2023 SN 3