National Green Tribunal
Varun vs Delhi Pollution Control Committee & Ors on 20 January, 2023
Item No. 05 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(BY HYBRID MODE)
M.A. No. 95/2022 & M.A. No. 96/2022
IN
Original Application No. 620/2019
Varun Applicant
Versus
Delhi Pollution Control Committee & Ors. Respondent(s)
Rajendra Prasad Bansal: Applicant in M.A No. 95/2022 &
M.A. No. 96/2022
Date of hearing: 20.01.2023
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Ritaj Kakker, Advocate for Applicant in M.A 95-96/2022
Respondent: Ms. Sakshi Popli, Advocate for DPCC
ORDER
1. Grievance raised in original application is that respondent nos. 5 to 22 i.e. Uday Kumar/Sanjay Kumar Jha, Color Solutions, Mr. Ramu Rahul, Mr. Sandeep, Mr. Praveen Bansal, Denim World (Manpreet Singh), Rakesh Srivastava, Vaibhav Gulati, Arun, Arun Jain, Shailesh, Dayanand Dubey Singh Fab, Hari Om Tharejja and Hema Tharejja (Modern Garments Dyeing), Abhinav, Shadex, Shiv Laxmi Wash, Ankit Dyeing (Ashok Sharma) and Mystic are carrying on red category industries and discharging pollutants into the ambient air, water and soil. The activities are dyeing factories using chemicals. The discharge of effluents results in diseases like lung cancer, asthma, diarrhoea etc. The polluting activities are located 1 in Bawana Industrial Area, Mayapuri Industrial Area, Uttam Nagar and Khyala.
2. Tribunal found it appropriate to obtain a factual report in O.A No. 620/2019 by constituting a joint committee of Central Pollution Control Board, Delhi Pollution Control Committee and the concerned District Magistrates.
3. The report was filed on 12.10.2019 by DPCC wherein it was stated that requisite remedial action was taken and compensation was also assessed for violation. In view thereof, this Tribunal disposed of O.A by order dated 21.12.2019, observing that no further order was necessary to be passed at that stage.
4. Thereafter, M.A. No. 95/2022 and M.A. No. 96/2022 were filed.
5. M.A. No. 95/2022 is filed by one Rajendra Prasad Bansal stating that applicants firm M/s Ambay Trades and Manufacturers (India) was allotted an industrial plot admeasuring 250 sq/m in Sector-5, Pocket D, Plot No. 290, Bawana Industrial Complex. The said premises was let out to one Shailesh, owner of Shri Balaji Wash i.e. R-15 in O.A No. 620/2019. The O.A No. 620/2019 was filed complaining that red category industries were discharging pollution of air, water and soil and running illegally. In view of the report of DPCC, matter was closed. The violations are removed and directions of DPCC have been complied. Hence the premises of applicant be directed to be de-sealed.
6. Tribunal found it appropriate to obtain a report for which purpose, a joint committee was constituted comprising District Magistrate and DPCC. 2
7. Now, DPCC has filed report dated 16.01.2023 wherein it has stated that a sum of Rs.47 lakhs was assessed as environmental compensation against the concerned project proponent but the said amount has not been paid. Relevant extract of the report is reproduced as under:-
"That as per records of the DPCC, the status of 19dying factories located in Bawana Industrial Area, Mayapuri Industrial Area, Uttam Nagar and Khyala etc. are as under:
Particulars Unit Name and Respondent Number of Number as per Executio units/premi Application No. 25/2020 ses Does not exist • M/s Mann Wash(M/s Ramu Rahul) - 3 Mayapuri (R-7) • Shiv Laxmi Wash, Uttam Nagar (R/20) • Ankit Dying, Uttam Nagar (R/21) EDC imposes • Pankaj Bhushan, Khyala (R/4) 7 • Uday Kumar/Sanjay Kumar Jha (R/5) • ParveenBansal, M/s Ocean Enterprises, DSIIDC, DSIIDC, Bawana (R/9) • VaibhavGulati, DSIIDC, Bawana (R/12) • Arun, I-34,Sector-4, DSIIDC, Bawana (R/13) • Arun Jain,G-80, Sector-4, DSIIDC, Bawana (R/14) • Shailesh, M/s ShriBalaji Wash, D-290, Sector-5, DSIIDC, Bawana (R/15) No action 9 warranted • M/s Color Solutions, DSIIDC, Bawana Industrial Area (R-6) • Mr. Sandeep, Mayapuri (R8) • M/s DenimWorld (Manpreet Singh), Bawana Industrial Area (R-10) • M/s Rakesh Srivastava, DSIIDC, Bawana Industrial Area (R-11) • M/s Singh Fabric Dyeing, Mayapuri (R-16) • M/s ModernGarments Dyeing(Mr. Hari Om Tharejja&HemaTharej a), Mayapuri(R-17) • M/s Malilsa--EntFprises, Mayapuri(R-18) • M/s Shadex, M/s S.K. Enterprises, Mayapuri (R-19) Mystic, Mayapuri Industrial Area (R/22) Total 19
8. That status of 07 units against whom Directions for closure and well as imposition of Environmental Damages has been imposed is as under: 3
(a) M/s Pankaj Bhushan, RZ-101, First Floor,Jai Durg aDharam Kanta, Narshing Garde, Khyala (Respondent Number-4 in Execution Application No. 25/2020):
• Directions u/s 31(A) & 33(A) for closure and imposition of EDC of Rs.91.25 Lakhs was imposed in the year of 2019. • Unit has submitted EDC as well as submitted undertaking for closure of the activity. Accordingly, direction was revoked on 10.07.2020.
• At present "Light Engineering Activity" work is going on in this premises with "Consent to Operate".
(b) M/s Uday Kumar/ Sanjay Kumar Jha, RZ-101, C-127, First Floor, Gali No.1, Vishnu Garden, Khyala, Near Jai DurgaDharamKanta(Respondent Number-5 in Execution Application No. 25/2020):
• Directions u/s 31(A) & 33(A) for closure and imposition of EDC of Rs.2,73,75,000/- was imposed in the year of 2019. • Unit has not submitted EDC till date.
• Vide letter dated 16.02.2021, SDM (Punjabi Bagh) was asked for taking action for recovery of EDC amount from the unit.
• Closure directions still enforced.
(c) Parveen Bansal, M/s Ocean Enterprises, I-93, Sector-5, DSIIDC, Bawana Industrial Area(Respondent Number-9 in Execution Application No. 25/2020):
• Directions u/s 31(A) & 33(A) for closure and imposition of EDC of Rs. 47.00 Lakhs/- was imposed in the year of 2019. • Unit submitted representation & undertaking on 02.09.2019 that they have decided not to operate the unit and requested to revoke the directions.
• Vide letter dated 26.02.2020, SDM (Narela) was requested to recover the EDC amount from the unit. • A letter was also issued to unit on 27.02.2020 to deposit EDC amount.
• Unit has filed a writ petition {WP(C)3932/2020} titled as M/s Ocean Enterprises vs DPCC and Anothers" beforethe Hon'ble High Court of Delhichallenging the order dated 23.08.2019 passed by the SDM and the order dated 17.09.2019 passed by the DPCC inter alia directing the closure of the unit of the petitioner and directing the petitioner to deposit a sum of Rs. 2 lacs and Rs. 47 lacs respectively as Environmental Compensation. The Hon'ble High Court disposed off the writ vide order dated 06.07.2020 (Annexure-1) converting direction of DPCC into Show cause notice • In pursuance of Hon'bleHigh Court order, DPCC issued an order for imposing EC of Rs. 47 Lakhs on 11.02.2020 (Annexure-2).
• SDM (Narela) vide letter dated 19.08.2021 was requested to recoverthe EDC amount from the unit.
4 • Unit has not submitted EDC till date. Reminder letter issued on 09.01.2023 to SDM (Narela) again (Annexure-3) for recovery of Environmental Compensation.
• Closure directions still enforced.
(d) M/s VaibhavGulati, J-277 (Actual I-277), Sector-2, DSIIDC, Bawana Industrial Area (Respondent Number-12 in Execution Application No. 25/2020):
• Directions u/s 31(A) & 33(A) for closure and imposition of EDC of Rs. 47.00 Lakhs/- was imposed in the year of 2019. • SDM (Narela) was asked for taking action for recovery of EDC amount.
• Letter issued to the unit on 03.02.2021 to deposit amount of EDC.
• Unit has not submitted EDC till date. Reminder letter issued on 09.01.2023 to SDM (Narela) again (Annexure-4) for recovery of Environmental Compensation.
• Closure directions still enforced.
(e) M/s Arun, I-34, Sector-4, DSIIDC, Bawana Industrial Area, (Respondent Number-13 in Execution Application No. 25/2020):
• Directions u/s 31(A) & 33(A) for closure and imposition of EDC of Rs. 47.00 Lakhs/- was imposed in the year of 2019.
• SDM (Narela) was asked for taking action for recovery of EDC amount from the unit.
• Letter issued to the unit on 03.02.2021 to deposit amount of EDC.
• Unit has not submitted EDC till date. Reminder letter issued on
09.01.2023 to SDM (Narela) again (Annexure-5) for recovery of Environmental Compensation.
• Closure directions still enforced.
(f) M/s Arun Jain, G-80, Sector-4, DSIIDC, Bawana Industrial Area, New Delhi-39. (Respondent Number-14 in Execution Application No. 25/2020):
• Directions u/s 31(A) & 33(A) for closure and imposition of EDC of Rs. 47.00 Lakhs/- was imposed in the year of 2019.
• Unit submitted representation & undertaking on 02.09.2019 that they have decided not to operate the unit and requested to revoke the directions. As unit not deposited EDC, hence request was not considered.
• SDM (Narela) was asked for taking action for recovery of EDC amount from the unit on 26.02.2020.
• Letter issued to the unit on 27.02.2020 to deposit amount of EDC already imposed.5
• Closure directions still enforced.
(g) M/s ShriBalaji Wash (Mr. Shailesh), D-290, Sector-5, DSIIDC, Bawana Industrial Area, New Delhi-39 (Respondent Number-15 in Execution Application No. 25/2020):
• Directions u/s 31(A) & 33(A) for closure and imposition of EDC of Rs. 47.00 Lakhs/- was imposed in the year of 2019.
• Unit submitted representation & undertaking on 02.09.2019 that they have decided not to operate the unit and requested to revoke the directions. As unit not deposited EDC, hence request was not considered.
• SDM (Narela) was asked for taking action for recovery of EDC amount from the unit on 26.02.2020.
• Letter issued to the unit on 27.02.2020 to deposit amount of EDC already imposed.
• Unit has filed a writ petition {WP(C) 58-0 /2020} before the Hon'ble High Court of Delhi titled "ShriBalaji Wash Vs. DPCC and another" challenging the order dated 17.09.2019 passed by the DPCC and the order dated 23.08.2019 passed by the SDM inter alia directing the closure of the unit of the petitioner and directing the petitioner to deposit a sum of Rs. 47 lacs and Rs. 50,000/- respectively as Environmental Compensation. The Hon'ble High Court disposed off the writ vide order dated 03.07.2020 (Annexure-7) converting direction of DPCC into Show cause notice • In pursuance of Hon'ble High Court order, DPCC issued an order for imposing EC of Rs. 47 Lakhs on 11.02.2020 (Annexure-8).
• SDM (Narela) vide letter dated 19.08.2021 was asked for taking action for recovery of EDC amount from the unit. • Unit has not submitted EDC in DPCC till date as claimed before the Hon'ble Court. Reminder letter issued on 09.01.2023 to SDM (Narela) for recovery of Environmental Compensation (Annexure-9).
• Closure directions still enforced.
9. That with regard to de-sealing of the applicant premises i.e 290, Pocket-D, Sector-5, Bawana Industrial Area, it is most respectfully submitted that DPCC issued closure direction u/s 31(A) of the Air Act-1981 & 33(A) of the Water Act-1974 for closure and imposition of EDC of Rs. 47.00 Lakhs/- was imposed on 17.09.2019 qua M/s ShriBalaji Wash at this address. The action of DPCC was based on the inspection dated 23.08.2019, in which it was observed that:
• Unit found operational and engaged in the activity of Jeans Dying, washing along with spray painting and wood fired boiler use at roof.6
• No ETP found installed, waste water is discharged directly without treatment.
• No channelization provided over spray painting section • Not applied for authorization HWM Rules.
• Unit sealed on the spot, electricity supply also disconnected.
DPCC is revoking the direction when unit file compliance of the deficiencies as communicated vide direction of closure and deposit the environmental compensation imposed by DPCC. Applicant herein admitted that the activity was being carried out by the tenant (Sh. Balaji Wash), who was on rent since 31.01.2019.
In the case in hand, DPCC neither received compliance of the deficiencies/ the formal request for vacating the premises permanently nor received EDC imposed by DPCC on 17.09.2019. In absence of these two pre-requisite, direction cannot be revoked."
9. Since, violations are still there and compensation has also not been paid, we do not find that request in the M.As in question can be accepted.
10. In view of above, M.A. No. 95/2022 & M.A. No. 96/2022 are hereby rejected.
Sudhir Agarwal, JM Prof. A. Senthil Vel, EM January 20, 2023 M.A. No. 95/2022 & M.A. No. 96/2022 IN Original Application No. 620/2019 AB 7