National Green Tribunal
Dal Chand Yadav vs Delhi Pollution Control Committee on 16 December, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 07 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 144/2021
(I.A. No. 136/2021)
Dal Chand Yadav Applicant
Versus
Delhi Pollution Control Committe & Anr. Respondent(s)
Date of hearing: 16.12.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Siddhartha Yadav, Advocate
Respondent(s): Mr. Narender Pal Singh, Advocate for DPCC
Ms. Puja Kalra, Advocate for SDMC
ORDER
1. Grievance in this application is against functioning of unauthorised and illegal factories/establishments engaged in manufacturing of shoes, footwear and boxes, screen printing, printing press, laser cutting machines, sale and storage of chemicals & adhesives, illegal eateries/dhabas and illegal go downs/shops involved in storage and adulteration of engine oil/Mobil oil in and around Village Madipur, New Delhi in non-conforming areas/residential area. The factories are operating in violation of environmental norms, affecting public health.
The same are required to be shifted in view of Judgment of the Hon'ble Supreme Court in M.C Mehta v. UOI, (2004) 6 SCC 588. The applicant has 1 relied upon letters dated 01.02.2021 and 16.02.2021 sent by the DPCC to the Commissioner, MCD South and the Deputy Commissioner, Factory Licensing Department, MCD South with regard to some of the said illegal factories operating at WZ-420, WZ-442, WZ-663, Delhi-110063.
2. Vide order dated 06.07.2021, the Tribunal considered the matter and observed that even though the affected parties were not impleaded and the particulars of the violators were not mentioned, it was necessary to verify the facts through a joint Committee. The operative part of the order is reproduced below:-
"2. Even though the applicant has not impleaded the affected parties, it is mentioned that fire incidents have taken place resulting in loss of five lives and injuries to others. Recent fire incident of 04.06.2021 is also mentioned leading to 24 fire tenders being deployed the whole night.
3. In these circumstances, pending filing of further details by the applicant and giving specific information to the concerned authorities within one week, we direct a five member joint Committee comprising of the CPCB, DPCC, South Delhi Municipal Corporation, nominees of jurisdictional Special Commissioner of Police and District Magistrate to visit the area and furnish a factual and action taken report about legality of location and functioning of such establishment within two months by email at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. The DPCC will be the nodal agency for coordination and compliance."
3. Accordingly, the joint Committee constituted by this Tribunal carried out inspections on 02.08.2021, 06.08.2021, 11.08.2021, 17.09.2021 and 30.09.2021 of allegedly violating units for which particulars were furnished by the applicant and found as follows:-
"Observations:-
1. Committee observed that as per Master Plan for Delhi (MPD)-
2021 prepared by Delhi Development Authority (DDA), household/service industries shall be allowed with following conditions and relevant portions of MPD are annexed:
2a) Household industrial units with maximum 9 workers and 11 kilowatt power may be allowed to continue in residential areas and new industrial units of this type could be permitted in residential areas subject to the condition that no polluting industrial unit shall be permitted as household industry.
b) The industrial units could be permitted only after provisional registration by the Govt. of NCTD.
c) Household industrial units shall be allowed on any floor to the extent of 50% of permissible floor area of the dwelling unit.
d) Further additions/alterations to the list of Household Industries could be made, if considered appropriate and in public interest by the Central Government to do so.
e) No inflammable or hazardous substance is permitted to be stored.
f) Separate industrial electric connection (single phase) and Municipal License, would be necessary to set up a household industry.
2. It was noticed that some of the units were operating in contravention to MPD-2021. As per MPD-2021 category of industries to be allowed in household is placed at Annexure
2.
3. Out of 72 units inspected by the joint team, 3 units were found engaged in polluting activities viz. storage of hazardous material, adhesive, acid etc. and all three of them were sealed by the team. During the inspection it was observed that some of the units were operating in violation to MPD-2021 and without a valid license from South Delhi Municipal Corporation (SDMC). Subsequently SDMC reportedly issued 21 Notices to these units on 24/09/2021. Further, 4 more notices were issued on 25/10/2021. All the notices are impending further action on part of SDMC.
4. It was noticed that licenses were issued by SDMC for undertaking the activity of leather footwear stitching. However, the units were engaged in synthetic footwear uppers manufacturing. It was noticed that no physical verification was carried-out before issuance of provisional licenses to household industries, godown, etc.
5. The Joint team under the expertise of DPCC officials did not observe any Water or air polluting unit in the area other than a chemical godown which was sealed during the drive, PVC shoe making units using small quantities of adhesive for pasting of shoe sole and storage of traffic signage which could have been a source of fire hazard.
36. It was also observed that huge quantity of municipal garbage, including rexine cuttings from the units in the area, was found lying on road (outside the garbage dumping plot) at Madipur Village Society Road, Opposite Canara Bank, WZ- 663 Madipur Village Delhi-110063 which require disposal as per provisions of "Solid Waste Management Rules, 2016". DPCC has reportedly issued directions u/s 5 of EPA to Commissioner, SDMC for removal of garbage from this area.
7. In a meeting held on 13.09.2021 to review the progress of inspections by the joint team, DM (West) had enquired BSES officials regarding the action taken by their department on those units which were running beyond the permissible limit of sanctioned load. In this regard, officials of BSES have not provided any factual and action taken report about legality of location and functioning of such.......
8. As per MPD-2021, one of the condition for household/service industries that are allowed in residential areas is that "separate industrial connection (single phase) and municipal licenses would be necessary to setup a household industry". However, BSES officials have failed to take any concrete action despite the fact that no industrial electrical connection has been taken by any of the household in Madipur village.
9. Despite directions, BSES has not provided the unit wise sanctioned load capacity and type of connections obtained by the said units along with their actual load. Further, SDMC reportedly have sent a list of 27 units to BSES for disconnection of electricity in respect of units violating MCD norms but action on part of BSES is still pending.
10. It was observed by Central Pollution Control Board (CPCB) that DPCC can issue CTO/CTE to industrial establishment only in approved industrial areas. The consent issued under White Category to M/s Vijay Kumar, WZ-222, Village Madipur, Delhi-110063 is not a valid consent and DPCC should immediately revoke it. Action taken report is pending from DPCC.
11. Further, One unit was found engaged in the warehousing and trading of Ice cream and occupied approx. 300 sq. m area which is operating without obtaining NOC from Fire & Safety Department. Action taken by MCD is yet to be received.
12. The inspecting team observed that some units were operating with ten or more than ten laborers, which is a violation of the norms of MPD-2021 and did not have any license from SDMC. Action taken by MCD in this regard is yet to be received.
In humble submission to Hon'ble NGT it is to state that wording of its order and the mandate showed necessary directions in carrying out this Joint inspection which have been conducted in true spirit. The action taken reports from 4 the concerned departments which are yet to be received will be filed for the kind perusal of Hon'ble NGT upon their receipt. It is humbly prayed that this Hon'ble Green Tribunal may be pleased to take this report on record and pass such further order as this Hon'ble Tribunal may deem fit in the facts and circumstance of the case."
4. Since no objection has been filed against the report and we also see no other reason not to accept the same, the report is accepted. The concerned statutory Authorities may take further follow-up action against the violating units, in accordance with law. DPCC may coordinate with the concerned Authorities in this regard and forward copy of this order to such concerned Authorities.
The application is disposed of.
I.A. No. 136/2021 also stands disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. Nagin Nanda, EM December 16, 2021 Original Application No. 144/2021 AVT 5