National Green Tribunal
D S Kataria And Ors vs Govt. Of Nct Of Delhi on 8 September, 2022
Item No. 06 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.517/2022
D S Kataria & Ors. ...Applicants
Versus
Govt. of NCT of Delhi ...Respondent
Date of hearing: 08.09.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Application is registered based on a letter petition received by Post.
ORDER
1. Mr. D S Kataria, President of Residents Welfare Association, Sector- E, Pocket 2, Vasant Kunj, New Delhi and other residents have sent the present letter petition, which is treated and registered as original application, complaining about pollution caused by continuous heavy vehicular movement by all sorts of vehicles day and night on residential area approach road, which is being used as National Highway, due to presence of goods godowns, big cargo stores, ware houses in Dangpuri Dahali area causing serious health hazards to residents of Sector E- 2 and Sector E-1, Vasant Kunj, New Delhi. The applicant has further submitted that building/construction material is being dumped on vacant land adjacent to Sector E-2 on the southern side of society. The activity of loading and unloading of dumpers goes on day and night causing air and noise pollution making life of the residents of the society miserable. O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi -2-
2. This Tribunal is empowered to take cognizance of the cases involving questions relating to environment arising out of the implementation of enactments specified in First Schedule of the National Green Tribunal Act, 2010 suo moto as held by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC
897. This Tribunal can also take cognizance of such cases on the basis of letter petitions in accordance with settled principles of law governing Public Interest Litigation.
3. Prima facie, the averments made in the application raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010. In view of the averments made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position. Accordingly, we constitute a Joint Committee comprising of representatives of Vice Chairman, DDA, DPCC and Deputy Commissioner (South West), Delhi and direct the same to meet, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponents, verify the factual position and submit its report within one month by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. The State PCB will be the nodal agency for coordination and compliance.
4. In case the Joint Committee observes any violation of consent conditions/environmental norms, then it shall forward a copy of its report to:-
(i) the concerned Project Proponents to enable them to comply with the recommendations in the report of the Joint Committee or file objections against observations/recommendations in the same and their response before this Tribunal if so desired within one month O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi -3- from the date of receipt of a copy of the report of the Joint Committee;
and
(ii) the concerned Statutory Authorities including DPCC and Deputy Commissioner (South West), Delhi to enable them to take appropriate remedial action by giving notice to/hearing the concerned project proponents and following due process of law in accordance with Statutory provisions mandating them to take remedial action for prevention, control and abatement of environmental pollution/degradation and for protection and improvement of environment and submit their action taken reports within one month from the date of receipt of a copy of the report of the Joint Committee. The reports be submitted by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
5. List for further consideration on 05.12.2022.
6. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the Vice Chairman, DDA, DPCC and Deputy Commissioner (Sout West), Delhi by e-mail for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM September 08, 2022 AG