National Green Tribunal
D S Kataria And Ors vs Government Of Nct Of Delhi on 5 July, 2024
Item No.05 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Physical Hearing with Hybrid VC Option)
Original Application No.517/2022
1. Mr. D.S. Kataria,
President, RWA E-2, Sector E,
Pocket-2, Vasant Kunj,
New Delhi -110070.
Phone No. +91-11-23392100, 23392101.
2. All Residents of Sectors E-1 & E-2,
Vasant Kunj, New Delhi-110070.
(as per list enclosed with the application). ...Applicants
Versus
1. Government of NCT of Delhi,
Through Chief Secretary,
Government of New Delhi, Delhi Secretariat,
IP Estate, New Delhi-110002.
Phone +91-11-23392100, 23392101.
Email Address: [email protected]
2. Vice Chairman,
Delhi Development Authority,
4, Mahatma Gandhi Road,
IP Estate, New Delhi, Delhi 110002.
Email Address: [email protected]
3. Commissioner,
Municipal Corporation of Delhi,
Dr. S.P. Mukherjee Civic Center,
JLN Marg, New Delhi-110002.
Email Address: [email protected]/
[email protected]
4. Delhi Pollution Control Committee,
Mahatma Gandhi Road,
P and T Colony, P&T Colony,
Civil Lines, Delhi, 110054.
Email Address: [email protected].
5. Deputy Commissioner (New Delhi), Delhi,
1286, Old Delhi Gurgaon Road, Kapas Hera Extension,
Kapas Hera Estate, New Delhi, Delhi-110037.
Email: [email protected]
O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors.
-2-
6. Commissioner,
Delhi Police, New Delhi,
Email: [email protected]. ...Respondents
For the Applicants:
Mr. N. K. Verma, Advocate alongwith the Applicant in person.
For the Respondents:
Ms. Jyoti Mendiratta and Ms. Ananya Basudha, Advocates for
respondents no.1, 5 & 6.
Ms. Nanda Devi Deka, Advocate for respondent no. 2-DDA.
Mr. Virendra Singh, Advocate for Ms. Puja Kalra, Advocate for
respondent no. 3-MCD.
Ms. Tanisha Samantha, Advocate for respondent no. 4-DPCC (through
VC).
Mr. Kuldeep Singh, Traffic Inspector, Vasant Vihar.
Mr. B. N. Sharma, Assistant Engineer MCD.
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Judgment Reserved on:- 06.05.2024
Judgment pronounced on :- 05.07.2024
Application is registered based on a letter petition received by Post.
JUDGMENT
PRONOUNCED BY: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JM
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 by post, which has been treated and registered as original application.
2. The applicants have complained about pollution caused by continuous heavy vehicular movement by all sorts of vehicles day and O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors. -3- night on residential area approach road 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 applicants have also ventilated the grievance 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.
3. The relevant part of the letter petition enumerating grievances of the applicants reads as under:-
"Sub: Residents of Sector E-2 & Sector E-1, Vasant Kunj New Delhi Facing heavy Dust and Noise Pollution due to heavy Vehicular Traffic movement on Approach Road to these Sectors and poor maintenance of this road by DDA.
X X X X X We the residents of mass housing complex of 795 DDA Flats of Sector E-2 and 1200 DDA Flats of Sector E-1 who are living in horrible conditions caused by different type of pollution, would like to draw your kind attention towards the health hazards being faced by us due to heavy dust and noise pollution due to continuous heavy vehicular movement day and night on residential area approach road which is being used as National Highway by all sorts of heavy vehicles because of presence of goods godowns, big cargo stores, ware houses in Rangpuri Pahadi Area.
The movement of heavy vehicles on this small road causes fast wear and tear of the road. Instead, these vehicles should use the main road.
In addition to this, mob gathering day by day increasing number of hawkers such as fruit sellers, fast food carts and alcoholism on this approach road, parking of all sorts of medium to heavy vehicles including auto rickshaws, taxis, buses, trucks, trackers, dumpers, tankers, cargo trucks waiting for unloading and their repairs are causing noise /smoke pollution as well these parked vehicles are also hampering the movement of vehicles of the two societies residents.
Besides the dust and noise pollution problem, security threat has increased due to above mentioned problems and due to openness of this road at both ends. Ladies feel unsafe to move on this road in the prevailing circumstances. In this connection complaints were lodged with SHO Vasant Kunj and DDA, but did not get any positive response. We all approach O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors.-4-
your goodself for an appropriate necessary action to issue direction to the concerned authority to resolve the issue.
The dust comes along with the continuous movement of heavy vehicles from Rangpuri Pahadi side on our approach road and from there into the Society. These heavy vehicles also cause too much noise and vibration to the windows of the Flats. Residents of this area are facing acute bronchitis / asthmatic health hazard due to continuous dust pollution in the area due to vehicular movement.
Delhi Police and DDA should help us stop heavy vehicular movement and unauthorized parking on both sides of the approach road and Delhi Police to check miscreants activities. We request to issue necessary instructions to DCP Vasant Vihar and VC, DDA to install a permanent barricade and a check post at that side for safety and security purpose and to solve the issue.
The other big issue is dumping of building/ construction material adjacent to Sector E-2. There is a big chunk of vacant land on the Southern side of the Society. Few years back the land sharks tried to grab it, but the then SDM did not allow it. For the last 1-2 years again, this land is being used for supply of building material. Since the activity of loading and unloading of this material by dumpers goes on day and night, the life of residents of this side of the Society has become a hell. DDA vacant lands side of road are also not covered by cemented walls in many places.
In view of the above, you are once again requested to issue necessary instructions to concerned authorities such as DDA and DP as to resolve this long pending issue to provide relief to the residents of the area. An early action is requested. We, all residents of Sector 'E' will remain thankful for this kind of action on your part..."
4. Vide order dated 08.09.2022, this Tribunal constituted a Joint Committee with direction to verify the factual position and submit its report within one month. The relevant part of the order is reproduced below:-
"...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 judicial- [email protected] preferably in the form of searchable PDF/OCR O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors.-5-
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 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. In compliance thereof inspection report has been filed by Dr. B.M.S. Reddy, Sr. Environmental Engineer with Action Taken Report vide email dated 26.12.2022.
6. The relevant part of the inspection report filed by Dr. B.M.S. Reddy, Sr. Environmental Engineer is reproduced below:-
"INSPECTION REPORT OF THE JOINT COMMITTEE In pursuance of order of Hon'ble National Green Tribunal dated 08/09/2022 in O.A. No. 517/2022 in matter of D.S. Kataria & An Vs Govt. of NCT of Delhi, a Joint Committee has been constituted comprising the officials of DDA, DPCC and Revenue Department, to ascertain the factual position and resolve the grievances made by the complainant.
The Joint Committee comprising of Sh. Pramod Meena (EE,SPD-
1) DDA on behalf of EE/SMD-5/DDA, Sh. Nishikesh Kumar (AE, SPD-I), DDA, Sh. Sparsh Chowdhary (JEE, CMC-IV), DPCC and Sh. Atul Bhartiya (Naib Tehsildar, Vasant Vihar), accompanied O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors.-6-
by Sh. D.S. Kataria, Complainant/President of RWA (B-2, Vasant Kuni) and other residents and members of RWA visited the area on 14/12/2022. Following observations were made by the Joint committee:-
1. A Road stretch of approx. 100-120m in front of E-2, Vasant Kunj is ill-maintained and has potholes leading to emission of loose dust.
2. Unrestricted vehicular movement especially trucks and tempos, going to and fro, from Rangpuri Pahadi area, is also contributor to dust emission.
3. C&D waste was observed on the road side.
During the said visit, some photos were clicked and same are annexed as Annexure-I RECOMMENDATIONS:
a) DDA to expedite the work to blacktop the road stretch and also ensure adequate sprinkling to mitigate road dust emissions.
b) DDA and MCD to stop illegal dumping of C & D waste on road side as well as the public land by the people.
c) As suggested by RWA, DDA may install a barricade to restrict movement of heavy vehicles in day time, in consultation with the Traffic Police and local administration."
7. The relevant part of the Action Taken Report filed by DPCC vide email dated 26.12.2022 is reproduced below:-
"ACTION TAKEN REPORT ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE IN COMPLIANCE TO THE ORDER DATED 08.09.2022.
X X X X
3. That, DPCC issued direction on 23.12.2022 to DDA. In the directions, DDA has been directed to
(a) take action to prevent road emissions by blacktopping it and provision of adequate sprinkling on roadside,
(b) removal of illegal dumping of C&D waste from the site and keep strict vigil regularly so that illegal dumping of malba/wake doesn't reoccur in future.
(c) install barricade to restrict movement of heavy vehicles, in consultation with the Traffic police and local administration.
Copy of the direction dated 23.12.2022 is annexed herewith as ANNEXURE-2.
4. That, DPCC also issued directions to the Deputy Commissioner (Nazafgarh Zone), Municipal Corporation of Delhi. In the directions, MCD has been directed to take immediate steps for removal of the illegal dumping of C&D waste from the site and keep strict vigil regularly so that illegal dumping of malba/waste doesn't reoccur in future.
Copy of the directions dated 23.12.2022 is annexed herewith as ANNEXURE-3."
O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors. -7-
8. Vide order dated 06.01.2023, Government of NCT of Delhi through its Chief Secretary; DDA through its Vice Chairman; Commissioner, Municipal Corporation of Delhi; DPCC and District Magistrate (South West), Delhi, were impleaded as respondents no. 1 to 5 and notices were issued to them requiring filing of reply/response within two months.
9. Even though vide order dated 13.10.2023 Deputy Commissioner (South West), Delhi was impleaded as respondent no. 5 but on being informed that the area falls within the jurisdiction of Deputy Commissioner, New Delhi, vide order dated 13.10.2023 Deputy Commissioner, New Delhi was substituted as respondent no. 5. Vide order dated 22.11.2023, the Commissioner of Police Delhi was impleaded as respondent no. 6.
10. Pursuant to notice response was filed by DPCC vide email dated 10.03.2023. The relevant part of the response is reproduced below:-
"RESPONSE ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE IN COMPLIANCE TO THE ORDER DATED 06.01.2023.
X X X X
2. That in compliance with the order dated 08.09.2022, DPCC filed the action taken report through email dated 26.12.2022, which is available on the records of this Hon'ble Tribunal.
3. That, this Hon'ble Tribunal considered the report of DPCC on 06.01.2023 and pleased to directed GNCTD, DDA, MCD, DPCC and DM (South West) to file individual reply/ response.
4. That, DPCC vide directions dated 23.12.2022 directed DDA as under:-
(a) Take action to prevent road emissions by blacktopping it and provision of adequate sprinkling on roadside,
(b) Removal of illegal dumping of C&D waste from the site and keep strict vigil regularly so that illegal dumping of malba/waste doesn't reoccur in future
(c) Install barricade to restrict movement of heavy vehicles, in consultation with the Traffic police and local administration.
5. That, DPCC also directed to the Deputy Commissioner (Nazafgarh Zone), Municipal Corporation of Delhi on 23.12.2022 to take immediate steps for removal of the illegal dumping of C&D waste from the site and keep strict vigil regularly so that illegal dumping of malba/waste doesn't reoccur in future. O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors. -8-
6. That, an email was sent to DDA, MCD, SDM (Vasant Vihar) and the Department of Environment of GNCTD on 13.01.2023 for taking necessary action as per the directions passed by this Hon'ble Green Tribunal on 06.01.2023. Through the said email, order dated 06.01.2023 passed by this Hon'ble Tribunal and inspection report of the Joint Committee were also sent to the said agencies.
7. That, another email was again sent to concerned departments on 22.02.2023 asking them to submit a compliance report in the said matter at the earliest. Further both DDA and MCD have been asked to file ATR before Hon'ble Green Tribunal directly in compliance of the orders of Hon'ble NGT dated 06/01/2023.
8. That in light of the above facts it is most respectfully prayed that the answering respondent (DPCC) may be deleted from the array of parties as it is neither a necessary nor is required respondent in regard to the adjudication of the present dispute."
11. Thereafter report was filed by DPCC vide email dated 29.05.2023. The relevant part of the report is reproduced below:-
"COMPLIANCE REPORT ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE IN COMPLIANCE TO THE ORDER DATED 15.03.2023.
X X X X
2. That in compliance with the order passed by this Hon'ble Tribunal, DPCC filed the Action Taken Report and response through email on 26.12.2022 and 10.03.2023, which are available on the records of this Hon'ble Tribunal.
3. That, Hon'ble taken up the matter on 15.03.2023 and pleased to direct to file reply/ response.
4. That, DDA has submitted its reply dated 21.03.2023, in view of the joint inspection dated 14.12.2022. In the reply it was mentioned that, DDA has repaired/ constructed footpath and also removed all C & D Waste from road / sweeping and sprinkling of water to prevent dust pollution as recommended by DPCC. Further, installation of barricading to restrict the movement of heavy vehicles pertains to Traffic Police. Copy of the reply submitted by DDA alongwith photographs are enclosed herewith as ANNEXURE-1 (Colly).
5. That, in addition to previous reports, it is most respectfully submitted that DDA has taken a meeting on 11.04.2023 in the office of RWA, Sector E-2, Vasant Kunj between the representatives of DPCC, RWA, & DDA. In the meeting issues like water logging, cleaning of pond, movement of heavy vehicles and sprinkling of water etc. were discussed. Copy of the minutes of meeting dated 11.04.2023 along with photographs are enclosed herewith as ANNEXURE-2 (Colly). O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors.-9-
6. That the area/ site was inspected by a joint team on 11.04.2023 by officials of DPCC and DDA alongwith RWA representatives.
7. That, DPCC again issued letter to DDA on 09.5.2023 seeking detailed compliance report w.r.t the directions dated 23.12.2022 to DPCC at the earliest and no reply has been submitted by the DDA. Copy of the letter dated 09.05.2023 is enclosed herewith as ANNEXURE-3. "
12. Status Report on behalf of Deputy Commissioner, New Delhi was filed by SDM, Vasant Vihar vide email dated 17.11.2023. The relevant part of the Status Report is reproduced below:-
"STATUS REPORT ON BEHALF OF THE DEPUTY COMMISSIONER (NEW DELHI), RESPONDENT NO. 5 X X X X
2. That the instant case involves two issues:
i. Dust emissions due to heavy vehicular movement ; ii. Dumping of C& D waste on the road side adjacent to E-2 block, Vasant Kunj, New Delhi.
3. That on 15/11/2023, a meeting with the officials of DDA and DPCC was called in the instant matter. During the meeting, DDA informed that:
a) the labour has been engaged for cleaning and sweeping of the road between E-1, E-2 on daily basis to prevent dust pollution as recommended by DPCC in strict compliance of order of this Hon'ble Tribunal.
b) a tender dated 19.10.2023 has been floated for sprinkling of water on the roads in compliance of Graded Response Action Plan (GRAP) to prevent the dust pollution. The tender is under process and the technical bid has been opened on 10.11.2023. However, an alternate arrangement has been made to sprinkle the water on the road.
c) the road patch under the jurisdiction of DDA has been already repaired/constructed and all C & D Waste from road/footpath has been also removed.
4. That on, 16/11/2023, a joint visit was conducted alongwith the officials of MCD, DDA, DPCC and President, RWA, E-2 Vasant Kunj. During the visit, it was observed that potholes on DDA roads have been repaired and C & D waste have been removed by the DDA which was confirmed by the President, RWA, E-2, Vasant Kunj. Minutes of joint visit is annexed at 'Annexure-A'.
5. Further, it is most respectfully informed that on the issue of unpaved road which was observed as the main reason for dust emission, Sh. Ajay Chaudhary, Assistant Engineer, M-3 Division, NFZ, MCD informed that tenders for blacktopping of Kachha Road is being floated under MMSPY. The direction to officials of MCD were given to issue work order and get work done within 2 weeks.
O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors. -10-
6. Further, on issue of illegal parking raised by RWA, direction to Traffic Police has also issued to levy plenty on violators and to submit weekly report."
13. In compliance with order dated 13.10.2023, Report was filed by DPCC vide email dated 20.11.2023. The relevant part of the Report filed by DPCC is reproduced below:-
"STATUS REPORT ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE IN COMPLIANCE TO THE ORDER DATED 13.10.2023.
X X X X
2. That in compliance with the order's passed by this Hon'ble Tribunal, DPCC filed the action taken report and response through email on 26.12.2022, 10.03.2023 and 29.05.2023 which is available on the records of this Hon'ble Tribunal.
3. That, this Hon'ble Tribunal taken up the matter on 13.10.2023 and issued notice to respondents No. 1, 2 and 5, 3 and 4 to file status report.
4. That, DPCC had issued directions on 23.12.2022 to DDA as under: -
(a) DDA shall take necessary action to prevent Road Dust emissions by blacktopping the Road and provision of adequate sprinkling on the roadside.
(b) DDA shall take immediate steps for removal of illegal dumping of C&D waste from the site and to take strict measures so that illegal dumping may not take place in future.
(c) DDA may install barricade to restrict movement of Traffic in consultation of traffic police and local administration.
Copy of the direction dated 23.12.2022 is annexed herewith as ANNEXURE-1.
5. That, DPCC had issued directions on 23.12.2022 to MCD as under:-
(a) MCD shall take necessary action to prevent Road Dust emissions by blacktopping the Road which in not under jurisdiction of DDA and provision of adequate sprinkling on the roadside.
(b) MCD shall take immediate steps for removal of illegal dumping of C&D waste from the site and to take strict measures so that illegal dumping may not take place in future.
Copy of the direction dated 23.12.2022 is annexed herewith as ANNEXURE -2.
6. That, an email was sent to DDA, MCD, SDM (Vasant Vihar) and the Department of Environment of GNCTD on 13.01.2023 for taking necessary action as per the directions passed by this Hon'ble Green Tribunal on 06.01.2023. Through the said email, order dated 06.01.2023 passed by this Hon'ble Tribunal and inspection report of the Joint Committee were also sent to the said agencies.
7. That, another email was again sent to concerned departments on 22.02.2023 asking them to submit a compliance report in the said matter at the earliest. Further both O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors. -11-
DDA and MCD have been asked to file ATR before Hon'ble Green Tribunal directly in compliance of the orders of Hon'ble NGT dated 06/01/2023.
8. That, DDA has submitted its reply dated 21.03.2023, interalia mentioning that, DDA has repaired/ constructed footpath and also removed all C & D Waste from road / sweeping and sprinkling of water to prevent dust pollution as recommended by DPCC. Further, installation of barricading to restrict the movement of heavy vehicles pertains to Traffic Police.
9. That, in addition to previous reports, it is most respectfully submitted that DDA has taken a meeting on 11.04.2023 in the office of RWA, Sector E-2, Vasant Kunj between the representatives of DPCC, RWA, & DDA. In the meeting issues like water logging, cleaning of pond, movement of heavy vehicles and sprinkling of water etc. were discussed.
10. That the area/ site was inspected by a joint team on 11.04.2023 by officials of DPCC and DDA alongwith RWA representatives.
11. That, DPCC again issued letter to DDA on 09.5.2023 seeking detailed compliance report w.r.t. the directions dated 23.12.2022 at the earliest.
12.That, DPCC issued reminder on 07.11.2023 to DDA and MCD to comply with direction dated 23.12.2022. Copies of the letter dated 07.11.2023 is annexed herewith as ANNEXURE-3 (Colly). Said letter has also been emailed to the agencies on 09.11.2023.
13.That, DDA has submitted its reply dated 19.04.2023, inter- alia mentioning that, DDA has constructed approx. 380 meter length of the road between E-1 & E-2 exclusively for the residents of E-1 & E-2, DDA Housing Schemes and has removed the illegally dumped C&D waste from E-1/E-2 road/footpath. Further DDA has called for tender for sprinkling of water to mitigate the dust pollution under GRAP from November 2023 to January, 2024 and informed that the tender will be awarded to the successful bidder within 7 days. In the meanwhile, it has been informed that DDA has made alternate arrangements to sprinkle the water on the E-1/E-2 road. DDA has also informed that it has engaged the agency for cleaning/sweeping of the road/footpath on a daily basis. For barricading to restrict the movement of heavy vehicles, DDA has requested DCP (Traffic) and DCP (South West) regarding marking the location of barricade and no parking zones at E- 1/E-2 road, Vasant Kunj.
14.That MCD has not submitted current status and detailed compliance report of the directions issued."
14. Status Report was filed by DDA vide email dated 21.11.2023. The relevant part of the Status Report filed by DDA is reproduced below:-
"STATUS REPORT ON BEHALF OF RESPONDENT NO.
2/DDA IN THE CAPTIONED O.A. X X X X O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors.-12-
2. That the Hon'ble Tribunal as per the Order dated 13.10.2023 had directed Respondent No. 2/DDA to file a compliance report before 20.11.2023 regarding:
2.1. a sustainable solution to the increasing dust pollution in the area surrounding E-1/E-2, Vasant Kunj. 2.2. clearing of malba/garbage from E-1 and E-2 road built by DDA;
2.3. whether the E-1/E-2 road is a metal one and where does it start and end.
3. In compliance with the directions issued by the Hon'ble Tribunal's Order dated 13.10.2023, Respondent No. 2/DDA had floated a tender dated 19.10.2023 for the Sprinkling of Water to sustainably combat the dust pollution at E-1/E-2 Vasant Kunj. However, due to the non-participation of any bidder, the tender was automatically renewed and the same opened on 10.11.2023 and is under process. However, as a temporary measure, it is submitted that sprinklers are running on the said stretch under the guidelines of the Graded Response Action Plan, (GRAP). True copy of the Tender Notice dated 19.10.2023 alongwith pictures is enclosed herewith and marked as Annexure A-1. (Colly)
4. In compliance with the aforesaid second direction as issued by the Hon'ble Tribunal, Respondent No. 2/DDA cleaned the malba and/or garbage around the E-1/E-2 road and has deputed the required labour for cleaning and sweeping the said road on a daily basis.
Recent Photographs of the cleaned road in E-1/E-2 Vasant Kunj are enclosed herewith and marked as Annexure A-2.
5. Lastly, vis a vis the third and final direction, the said E- 1/E-2 road has a total length of 380 metres wherein 330 metres has been paved with Bituminous Concrete and the remaining 50 metres has been paved with Cement Concrete. Further, the said road starts from Mehrauli-Mahipalpur road and culminates at the E-1/E-2 Housing of DDA. It is submitted that there is a kaccha road that exists at the end of the E-1/E-2 road which is the primary proponent of dust in the area but the said road does not fall under the jurisdiction of DDA."
15. This Tribunal considered the reports and observed in order dated 22.11.2023 as under:-
"7. In its reply filed vide email dated 20.11.2023 DDA has submitted that DDA has constructed approx. 380 meter length of the road between E-1 & E-2 exclusively for the residents of E- 1 & E-2, DDA Housing Schemes and has removed the illegally dumped C&D waste from E-1/E-2 road/footpath. Further DDA has called for tender for sprinkling of water to mitigate the dust pollution under GRAP from November 2023 to January, 2024 and informed that the tender will be awarded to the successful bidder within 7 days. In the meanwhile DDA has made alternate arrangements to sprinkle the water on the E-1/E-2 road. DDA has also informed that it has engaged the agency for cleaning/sweeping of the road/footpath on a daily basis. O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors.-13-
8. In its reply DDA has mentioned that for barricading to restrict the movement of heavy vehicles, DDA has requested DCP (Traffic) and DCP (South West) regarding marking the location of barricade and no parking zones at E-1/E-2 road, Vasant Kunj. In his reply District Magistrate, New Delhi has mentioned that on issue of illegal parking raised by RWA, direction to Traffic Police has also been issued to levy plenty on violators and to submit weekly report.
9. Neither DDA nor District Magistrate, New Delhi has filed any document to show compliance of above request/direction. In view of the facts and circumstances of case we consider presence of Commissioner, Delhi Police to be essential for just and proper adjudication of questions involved in the case. Accordingly Commissioner, New Delhi is impleaded as respondent no. 6. Memo of Parties be amended accordingly and notice be issued to respondent no. 6 requiring him to file Reply/Action Taken Report on or before 15.01.2023 by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
10. On 23.12.2022 DPCC also issued directions to the Deputy Commissioner (Nazafgarh Zone), Municipal Corporation of Delhi.
"1. MCD shall take necessary action to prevent Road Dust emissions by blacktopping the Road which in not under jurisdiction of DDA and provision of adequate sprinkling on the roadside. Further, MCD shall take immediate steps for removal of illegal dumping of C&D waste from the site and to take strict measures so that illegal dumping may not take place in future."
11. No reply/response has been filed by MCD despite sufficient time of more than 10 months having being granted to it.
12. In his reply the District Magistrate, New Delhi has mentioned that on the issue of unpaved road which was observed as the main reason for dust emission, Sh. Ajay Chaudhary, Assistant Engineer, M-3 Division, NFZ, MCD informed that tenders for blacktopping of Kachha Road is being floated under MMSPY. The direction to officials of MCD were given to issue work order and get work done within 2 weeks.
13. The Commissioner, MCD is directed to take remedial action immediately and file Action Taken Report on or before 15.01.2023 by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF. In his reply Commissioner, MCD shall also mention the steps taken for implementation of C & D waste rules within its jurisdiction.
14. DDA is also directed to file reply on or before 15.01.2023 by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF mentioning the steps taken for implementation of C & D waste rules within its jurisdiction.
O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors. -14-
15. DPCC is directed to take proceedings for imposition of environmental damage compensation on MCD and DDA for past violations and file Action Taken Report on or before 15.01.2023 by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF."
16. In compliance of order dated 22.11.2023 reports have been filed by DPCC vide emails dated 04.01.2024 and 11.01.2024, by Deputy Commissioner of Police (Traffic), New Delhi Range vide email dated 15.01.2024 and by Deputy Commissioner, Najafgarh Zone, MCD vide email dated 16.01.2024.
17. The relevant part of the compliance report filed by DPCC vide email dated 04.01.2024 reads as under:-
"COMPLIANCE REPORT ON BEHALF OF DELHI POLLUTION CONTROL COMMITTEE IN COMPLIANCE TO THE ORDER DATED 13.10.2023.
X X X X
4. That, in compliance of the order passed by this Hon'ble Tribunal, a joint inspection of the site was carried out on 01.12.2023 by the representatives of DDA, DJB and DPCC. During the inspection it was observed that:
1. DDA has stopped seepage of water by constructing RCC boundary wall adjacent to K-2 Block Mahipalpur & adjacent areas.
2. The pond behind E-2 Pkt, Vasant Kunj has been cleaned by DDA and the status of the same was already filed by them in Hon'ble NGT. However, as directed by DPCC, fresh tender is to taken up for further cleaning of pond on regular basis.
3. It has been informed by officials of DDA that a meeting is going to held on 05.12.2023 alongwith officials of DJB regarding finalising of land of STP.
Copy of the joint inspection report dated 01.12.2023 alongwith photographs taken during the inspection is enclosed herewith as, ANNEXURE-1(Colly).
5. That, DDA has further convened a meeting, on 01.12.2023 in the office of RWA, Sector E-2, Vasant Kunj, with the representatives of DJB, DDA, DPCC and RWA, regarding a sustainable solution to the disposal of waste water by the unauthorised colony of Mahipalpur & Rangpuri on open DDA land. Sh. DS Katara, President RWA, the applicant in this Original Application was present in the meeting. Following points have emerged from the said meeting:-
O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors.-15-
1. DDA has stopped seepage of water by construction of RCC boundary wall adjacent to K-2 Block Mahipalpur & adjacent areas.
2. DDA has removed the waste from the site and broken boundary has been repaired so that illegal dumping of garbage/ general waste doesn't reoccur in future.
3. DDA is in the process to identify and handover the land to DJB for STP. Most of the land for construction of STP has been identified except 250 Sqm land in Rangpuri for SPS (Sewage Pumping Station).
4. DJB official informed that they will start the process of construction of STP as soon as the land is handed over to them by DDA.
5. The pond behind E-2 Pkt, Vasant Kunj has been cleaned by DDA and the status of the same was already filed in Hon'ble Tribunal. As directed by DPCC, fresh tender is to be floated for further cleaning of pond on regular basis.
6. DJB and DDA officials ensured that the compliance report in respect of directions issued by DPCC will be submitted to DPCC shortly.
Copy of the minutes of meeting dated 01.12.2023 is enclosed herewith as ANNEXURE-2.
6. That DDA & DJB have not filed any compliance report with DPCC till 04.01.24 with respect to directions issued to them by the DPCC."
18. The relevant part of the action taken report filed by DPCC vide email dated 11.01.2024 reads as under:-
"ACTION TAKEN REPORT ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE IN COMPLIANCE TO THE ORDER DATED 22.11.2023.
X X X X
5. That, in compliance of the order dated 22.11.2023 passed by this Hon'ble Tribunal, DPCC has issued show cause notice on 05/01/24 for imposition of Environmental Damage Compensation of Rs. 1,00,000/- (Rupees One Lakh only) to the Superintendent Engineer, DDA for past violations and damage to the environment. As per Environmental Compensation (EC) policy of DPCC dt. 30.03.22, EC of Rs 50,000/- is to be levied on land owning agency however the amount is to be doubled if the violation is carried out in winter season between 15th October and 31st January. Since the directions were issued to DDA on 23.12.22, SCN for EC of Rs 1,00,000/- (Rs One Lakh Only) has been issued. Copy of the show cause notice for imposition of Environmental Damage Compensation dated 05.01.2024 is annexed herewith as ANNEXURE-1.
6. That, DPCC has also issued show cause notice on 05.01.24 for imposition of Environmental Damage Compensation of Rs 1,00,000/- (Rupees One Lakh only) to the Dy. Commissioner (Najafgarh Zone), MCD for past violations and damage to the environment damage. As per Environmental Compensation (EC) policy of DPCC dt. 30.03.22, EC of Rs 50,000/- is to be levied on land owning agency however the O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors.-16-
amount is to be doubled if the violation is carried out in winter season between 15th October and 31st January. Since the directions were issued to MCD on 23.12.22, SCN for EC of Rs 1,00,000/- (Rs One Lakh Only) has been issued. Copy of the show cause notice for imposition of Environmental Damage Compensation dated 05.01.2024 is annexed herewith as ANNEXURE-2.
7. That time of 15 days were given to DDA and MCD to file their reply aforesaid show cause notice.
8. That neither DDA nor MCD has filed their reply with respect to show cause notice dated 05.01.2024 till 11.01.24. As and when reply is received, same will be considered and decided on merits."
19. The relevant part of the report filed by Deputy Commissioner of Police (Traffic), New Delhi Range vide email dated 15.01.2024 reads as under:-
"Report of Dy. Commissioner of Police (Traffic) dated 12.01.2024.
X X X X
2. The road in front of E-1 and E-2 DDA Housing Complex, Vasant Kunj connects Mata Chowk, Mahipalpur to Ruchi Vihar and Rangpuri Village. The installation of height barriers on the above-mentioned road is not feasible keeping in view the movement of vehicles i.e School Buses, Emergency and Disaster Management Vehicles in the subjected area.
3. The rule no.14 of the Delhi Maintenance and Management of Parking Places Rules, 2019 provides as under; (Enforcement of No-Parking Zones and penalty for over stay in authorised parking areas). - (1) All illegally parked vehicles, including those parked in No-Parking Zones and overstaying in authorised parking areas, shall be seized and removed and penalty shall be charged under the provisions of Motor Vehicles Act, 1988.
(2) In case of illegal parking on roads with ROW or 60 ft. and above, the Delhi Traffic Police shall be the primary agency for towing away the vehicle. In case of other roads and spaces, the civic agencies shall be responsible to tow away the vehicle and to impose penalty."
4. The width of road in front of E-1 and E-2, D.D.A. Housing Complex is 12 meters i.e. 30 feet. As such, D.D.A. and M.C.D. are the principal agencies to tow away the vehicles on the above-mentioned stretch. Executive Engineer, Southern Project Division-1, Delhi Development Authority, Vasant Kunj Road, New Delhi had been approached in this regard by letter dated 03.01.2024, copy annexed herewith as -'A'.
5. In pursuance of the above letter, a joint drive was conducted on 04.01.2024, 06.01.2024 08.01.2024 & 10.01.2024 and Photographs with report of action taken are annexed as Annexures 'B' , 'C' and 'D'. The following action has O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors. -17-
been taken by Delhi Traffic Police against improper parking on the above-mentioned stretch in co-ordination with civic agencies during the current year;
Road in front of e-challan VoCA Vehicle
E-1 and E-2 Challan towed
D.D.A. Housing
Complex,
Vasant Kunj
Improper parking
42 191 15
6. Further as and when civic agency will contact regarding joint drive, Traffic Police will provide proper assistance in joint drive. "
20. The relevant part of the action taken report filed by Deputy Commissioner, Najafgarh Zone, MCD vide email dated 16.01.2024 reads as under:-
"ACTION TAKEN REPORT ON BEHALF OF THE MCD IN THE COMPLIANCE OF THE ORDER DATED 22.11.2023 PASSED BY THIS HON'BLE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH.
X X X X
2. That the present matter was listed before this Hon'ble NGT on 23.12.2022 wherein DPCC also issued directions to the Deputy Commissioner (Najafgarh Zone), Municipal Corporation of Delhi, passed directions as: "MCD shall take necessary action to prevent road dust emissions by blacktopping the road which in not under jurisdiction of DDA and provision of adequate sprinkling on the roadside". In this regard, it is submitted that regular sprinkling of water has been done by MCD on the mentioned road. (Photographs of same is annexed herewith as ANNEXURE-A.
3. That the inspection has been carried out by SDM Vasant Vihar on dt. 16.11.2023 wherein directions given to the official of MCD to issue work order and get work done within two weeks. Accordingly, as per directions work order has been issued to the contractor for commencing the work on dt. 05.01.2024 copy of work order is annexed herewith as ANNEXURE-B.
4. That the road work of the mentioned site is in progress by MCD, photographs & site plan of road are annexed herewith as ANNEXURE-C (colly).
5. That the directions issued by DPCC for removal of C&D wasted & illegal dumping from the site in question. In this regard it is submitted that the mentioned area Sector E-1 & Sector E-2, Vasant Kunj and nearby area, falls under the O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors.-18-
jurisdiction of Delhi Development Authority and still not handed over to MCD till date.
6. That there are various C&D waste collection centres near the mentioned area area which are being maintained by the MCD i.e. J.E. Store, B-Block, Vasant Kunj/South Zone & J.E. Store Dhulsiras, Sector 17, Dwarka/Najafgarh Zone and the DDA may utilize these facilities and dump C&D Waste at the aforesaid sites. Subsequently, the waste from these C&D/Malba waste collection sites are transferred to MCD Recycle Waste plant, Bakkarwala for conversion into tiles, coarse sand & stone aggregate (RCA)."
21. Compliance Report was filed by DDA vide email dated 22.01.2024 with application for condonation of delay which was allowed and the delay in filing the status report was condoned. The relevant part of the compliance report reads as under:-
"Compliance report on behalf of respondent no.2-DDA in the captioned O.A. X X X X STEPS TAKEN BY RESPONDENT NO.2/DDA TO COMBACT AIR POLLUTION IN THE AREA X X X X
3. That the Respondent No.2/DDA considering the seriousness of issue pertaining to Air Pollution has issued letters dated 09.11.2023 & 25.11.2023 to DCP (Traffic) and SHO (South), Vasant Kunj respectively, requesting the deputation of the concerned officers for marking of areas between E-1 & E-2 road for the purpose of installation of barricades and marking of no-parking zone along with the field staff of Respondent No.2/DDA, in order to restrict the movement of heavy vehicles on road and to prevent illegal parking of vehicles which collectively contribute in Air Pollution.
True copy of letters dated 09.11.2023 & 25.11.2023 issued by Respondent No.2/ DDA to the DCP (Traffic) and SHO (South), Vasant Kunj respectively has been annexed herewith as Annexure A-2 (COLLY).
CONDUCTION OF JOINT DRIVE BY RESPONDENT NO.2/DDA ALONG WITH DELHI POLICE
4. That Respondent No.2/DDA issued a letter dated 03.01.2024 to the SHO(South), Vasant Kunj, and DCP(Traffic) to conduct a joint drive on 04.01.2024, 06.01.2024, 08.01.2024 & 10.01.2024 for removal of unauthorised parking and marking of suitable locations for the installation of Barricades and " No Parking" sign boards in the said area. That the joint drive was conducted and the illegally parked vehicles were removed from E-1 & E-2 Road, Vasant Kunj. However, apart from marking the locations for "No Parking"
signs, the Delhi Police did not mark locations for installation of O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors. -19-
Barricades and avoided replying on the same in its letter dated 08.01.2024 which it had sent to Respondent No.2/DDA, therefore the Respondent No.2/DDA as per the marked locations for installation of "No Parking" sign boards, had installed the same on E-1 & E-2 Road, Vasant Kunj. True copy of the letter dated 03.01.2024 issued by Respondent No.2 to the SHO(SOUTH), Vasant Kunj requesting to conduct joint drive in the said area along with the photographs of "No Parking" signs which were installed after joint drive are annexed herewith as Annexure A- 3 (COLLY). True copy of reply dated 08.01.2024 by the Office of Traffic Inspector has been annexed herewith as Annexure A- 4.
DEVELOPMENT OF GREEN BELT AROUND ROAD BETWEEN E-1 & E-2, VASANT KUNJ, NEW DELHI.
5. That the Respondent No. 2/DDA in order to curb the air pollution in the area has decided to develop green belt by doing dense plantation at feasible patches alongside housing pockets and around the road between E-1 & E-2, Vasant Kunj, New Delhi. It is pertinent to mention that such plants will be maintained by the Horticulture wing of DDA and in case any plant gets decay, the same will be replaced with fresh plant in order to maintain the greenery in the area.
True copy of office order dated 04.01.2024 on development of a green belt around the road between E-1 & E-2, Vasant Kunj has been annexed herewith as Annexure A-5.
CONSISTENT SPRINKLING OF WATER ON ROAD
6. That in previous Compliance report dated 20.11.2023, the Respondent No.2/DDA has stated that since tender with regard to sprinkling of water on road was not awarded to any contractor by that time therefore as a temporary measure, the DDA was sprinkling water on road under the guidelines of Graded Response Action Plan (GRAP). However, at this stage the tender is allotted and the Respondent No.2/DDA is ensuring that contractor is doing consistent sprinkling of water on daily basis.
True Copy of award of tender dated 28.12.2023 pertaining to sprinkling of water on road is annexed herewith and marked as Annexure-A-6.
Photographs of sprinkling of water on road by the contractor is annexed herewith and marked as Annexure-A-7(Colly).
7. Therefore, in light of the aforesaid, Respondent No.2/DDA has taken significant steps in order to curb Air Pollution is the area and has discharged its compliance which this Hon'ble Tribunal has mandated qua issues raised by the Applicant in the Captioned O.A."
22. Vide order dated 23.01.2024 respondent no. 2-DDA and respondent no. 3-MCD were granted time for filing additional action taken reports. Respondent no. 5- the Commissioner of Police, Delhi was O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors. -20- directed to file his response regarding the remedial measures required to be taken particularly as to whether entry of heavy vehicles other than school buses and ambulance on the road in question can be prohibited/restricted.
23. In compliance thereof report was filed by Deputy Commissioner (Traffic) New Delhi Range on behalf of Commissioner of Police, Delhi vide email dated 18.04.2024 and status/action taken report was filed by Executive Engineer (Civil), MCD vide email dated 04.05.2024.
24. The relevant part of the report filed by Deputy Commissioner (Traffic) New Delhi, Range vide email dated 18.04.2024 is reproduced below:-
"ACTION TAKEN REPORT ON BEHALF OF THE COMMISSIONER OF POLICE IN COMPLIANCE OF ORDER DATED 23.01.2024 X X X X
2. That the road in front of E-1 and E-2 DDA Housing Complex, Vasant Kunj connects Mata Chowk, Mahipalpur to Ruchi Vihar and Rangpuri Village. There has been a consistent effort to deploy traffic police staff at Mata Chowk to address traffic violations effectively. There is regular deployment of traffic police staff at Mata Chowk, particularly focusing on the management of traffic violations such as improper parking and unauthorized entry into no-entry zones along the main road opposite E-1 and E-2 colonies. Regular communication is also being maintained with the Residents' Welfare Association members, including the complainant herein. This proactive enforcement has resulted in a notable improvement in traffic discipline and safety in the area.
3. That the month-wise data for the period from January 1, 2024, to March 31, 2024 showing the traffic violations and action taken by the enforcement teams at Mata Chowk, E1 & E2 Pocket Vasant Kunj is as under:
E- VOCA CHALLAN NO OTHER
CHALLAN IMPROPER ENTRY CHALLAN
IMPROPER PARKING CHALLAN
PARKING
JAN 2024 211 333 02 516
FEB 2024 428 727 26 731
MARCH 153 267 06 407
2024
O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors.-21-
TOTAL 792 1327 34 1654
4. That as regards the challenges associated with heavy vehicular traffic in the area, it may noted that the road in question serves as a vital artery leading to Rangpuri Village and the unauthorized colony, Ruchi Vihar. Moreover, it accommodates numerous residential areas, godowns, and small cargo warehouses, resulting in significant commercial activity and heavy vehicular movement. Therefore, prohibiting entry without providing alternative routes would adversely affect the residents and businesses relying on this thoroughfare. There are large tracts of vacant DDA land surrounding this area. It is thus imperative for the Delhi Development Authority (DDA) to allocate space for creating alternative routes to create another road to cater to the transportation needs of residents in Rangpuri, Mahipalpur, and Ruchi Vihar and divert the heavy traffic from the E1-E2 Road."
25. The relevant part of the status/action taken report was filed by Executive Engineer (Civil), MCD vide email dated 04.05.2024 is reproduced below:-
"STATUS/ ACTION TAKEN REPORT BY WAY OF AN AFFIDAVIT, IN TERMS OF ORDERS DATED 23/01/2024 OF THIS HON'BLE TRIBUNAL ON BEHALF OF RESPONDENT/MCD X X X X
2. That in accordance with the directions passed by this Hon'ble Tribunal and in furtherance to report earlier placed on 23.01.2024, it is submitted that after making due modalities w.r.t. issuance of work order for improvement/ development of road from E-1 and E-2 to T-point Rangpuri the work related with laying of RMC road (concretized pavement) has been done or completed. In this regard, photographs showing the present site position are annexed herewith, as Annexure-A (Colly).
3. That the concern raised by the appellants herein on the part of respondent/MCD stands resolved/addressed, hence, it is respectfully prayed that the answering respondent/MCD be deleted/removed from the array of parties."
26. We have heard learned Counsel for the parties and we have gone through the material on record.
27. In their application the applicants have raised grievances regarding the following issues:-
O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors.-22-
(i) use of residential area approach road instead of main road by heavy vehicles because of presence of goods godowns, big cargo stores, ware-houses in Rangpuri Pahadi Area causing heavy dust and noise pollution due to continuous heavy vehicular movement posing health hazards to residents of Sectors E-1 and E-2, Vasant Kunj, New Delhi;
(ii) parking of all sorts of medium and heavy vehicles including auto-
rickshaws, taxis, buses, trucks, trackers, dumpers, tankers, cargo trucks and waiting by the vehicles for loading/unloading/repairs causing noise/smoke pollution and also hampering of the movement of vehicles of the residents of the above said society; and
(iii) dumping of building/ construction material adjacent to Sectors E-
1 and E-2 in vacant land on the Southern side of the Society un- authorizedly used for supply of building material.
28. The applicants have sought the relief of issuance of directions to DCP Vasant Vihar and VC, DDA to install a permanent barricade and a check post at the site for safety and security purpose and to construct missing/repair damaged boundary wall around the vacant DDA land to solve the issues.
29. The Joint Committee constituted by this Tribunal inspected the site on 14.12.2022 and observed that:-
"1. A road stretch of approx. 100-120m in front of E-2, Vasant Kunj is ill-maintained and has potholes leading to emission of loose dust.
2. Unrestricted vehicular movement especially trucks and tempos, going to and fro, from Rangpuri Pahadi area, are also contributor to dust emission.
3. C&D waste was observed on the road side."
30. The Joint Committee made the following recommendations:-
O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors.-23-
"a) DDA to expedite the work to blacktop the road stretch and also ensure adequate sprinkling to mitigate road dust emissions.
b) DDA and MCD to stop illegal dumping of C & D waste on road side as well as the public land by the people.
c) As suggested by RWA, DDA may install a barricade to restrict movement of heavy vehicles in day time, in consultation with the Traffic Police and local administration."
31. DPCC issued directions to the Superintendent Engineer, SCC-2, DDA, D-3 & 4, Vasant Kunj, New Delhi and the Deputy Commissioner (Nazafgarh Zone), First Floor, Office Building Near Dhansa Bus Stand, Najafgarh, New Delhi on 23.12.2022.
Directions to DDA
32. Following directions were issued by DPCC to the Superintendent Engineer, SCC-2, DDA, D-3 & 4, Vasant Kunj, New Delhi vide letter dated 23.12.2022:-
"1. DDA shall take necessary action to prevent road dust emissions by blacktopping it and provision of adequate sprinkling on roadside;
2. DDA shall taken immediate steps for removal of the illegal dumping of C&D waste from the site and keep strict vigil regularly so that illegal dumping of malba/waste doesn't reoccur in future; and
3. DDA may install barricade to restrict movement of heavy vehicles, in consultation with the Traffic police and local administration."
Directions to the Deputy Commissioner (Nazafgarh Zone), Municipal Corporation of Delhi
33. Following direction was issued by DPCC to the Deputy Commissioner (Nazafgarh Zone), First Floor, Office Building Near Dhansa Bus Stand, Najafgarh, New Delhi:-
"1. MCD shall take necessary action to prevent Road Dust emissions by blacktopping the road which is not under jurisdiction of DDA and provision of adequate sprinkling on roadside. Further, MCD shall take immediate steps for O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors.-24-
removal of illegal dumping of C&D waste from the site and keep a strict vigil regularly so that illegal dumping of malba/waste does not reoccur in future."
34. DDA submitted reply dated 21.03.2023 to DPCC mentioning that DDA has repaired/constructed footpath, removed all C & D Waste from road and also started the work of cleaning/sweeping and sprinkling of water to prevent dust pollution as recommended by DPCC. Subsequently, DDA submitted reply dated 19.04.2023 to DPCC mentioning that DDA has constructed approx. 380 meter length of the road between E-1 & E-2 exclusively for the residents of E-1 & E-2, DDA Housing Schemes and has removed the illegally dumped C&D waste from E-1/E-2 road/footpath. DDA has called for tender for sprinkling of water to mitigate the dust pollution under GRAP from November 2023 to January, 2024. The tender will be awarded to the successful bidder within 7 days. In the meanwhile, DDA has made alternate arrangements to sprinkle the water on Sectors E-1 and E-2 road. DDA has engaged the agency for cleaning/sweeping of the road/footpath on a daily basis. In its report filed vide email dated 22.01.2024 before this Tribunal DDA has submitted that DDA floated the tender and awarded the contract for sprinkling of water on the road and Respondent No.2/DDA is ensuring that contractor is doing consistent sprinkling of water on daily basis.
35. In Status/Action Taken Report, Executive Engineer (Civil), MCD, has submitted that after making due modalities w.r.t. issuance of work order for improvement/development of road from Sectors E-1 and E-2 to T-point Rangpuri the work related with laying of RMC road (concretized pavement) has been done/completed.
36. It is thus evident that the requisite work regarding repair/blacktopping of the road have been executed by DDA and MCD as O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors. -25- mentioned above and the work of sprinkling of water on the road is being done for controlling air/dust pollution and no further directions are required to be issued in this regard.
37. DDA issued letters dated 09.11.2023 and 25.11.2023 to DCP (Traffic), New Delhi Range and SHO (South), Vasant Kunj respectively, requesting the deputation of the concerned officers for marking of areas between E-1 & E-2 road for the purpose of installation of barricades and marking of no-parking zone along with the field staff of Respondent No.2/DDA, in order to restrict the movement of heavy vehicles on road and to prevent illegal parking of vehicles which collectively contribute in Air Pollution.
38. Deputy Commissioner of Police (Traffic), New Delhi Range has filed report that that the width of road in front of E-1 and E-2, D.D.A. Housing Complex is 12 meters i.e. 30 feet and in view of Rule 14 of the Delhi Maintenance and Management of Parking Places Rules, 2019, DDA and MCD are the principal agencies to tow away the vehicles parked in no- parking zones in the above-mentioned stretch and to impose penalty on them.
39. In view of above referred rule DDA and MCD are directed to take requisite remedial action to tow away the vehicles parked in no-parking zones in the above-mentioned stretch and to impose penalty on them and to conduct joint drives with Delhi Police from time to time in accordance with law and also inform the applicant-RWA in this regard.
40. As per report filed by Deputy Commissioner of Police (Traffic), New Delhi Range vide email dated 15.01.2024, joint drive was conducted and the illegally parked vehicles were removed from E-1 & E-2 Road, Vasant Kunj and locations were also marked with "No Parking" signs. As per O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors. -26- report filed on behalf of the Commissioner of Police, Delhi, vide email dated 18.04.2024 there is regular deployment of traffic police staff at Mata Chowk, particularly focusing on the management of traffic violations such as improper parking and unauthorized entry into no- entry zones along the main road opposite Sectors E-1 and E-2 and Regular communication is also being maintained with the Residents' Welfare Association members which is stated to have resulted in notable improvements in traffic discipline and safety in the area. Consequently, no further directions are required to be issued by this Tribunal in this regard.
41. However, so far as question of barricading of the road in question is concerned, in his report filed vide email dated 15.01.2024, Deputy Commissioner of Police (Traffic), New Delhi Range has submitted that the road in front of E-1 and E-2 DDA Housing Complex, Vasant Kunj connects Mata Chowk, Mahipalpur to Ruchi Vihar and Rangpuri Village. The installation of height barriers on the above-mentioned road is not feasible keeping in view the movement of vehicles i.e School Buses, Emergency and Disaster Management Vehicles in the subjected area.
42. In the report filed on behalf of the Commissioner of Police in compliance of order dated 23.01.2024, the Deputy Commissioner of Police (Traffic), New Delhi Range has submitted that the road in question serves as a vital artery leading to Rangpuri Village and the unauthorized colony, Ruchi Vihar. Moreover, it accommodates numerous residential areas, godowns, and small cargo ware-houses, resulting in significant commercial activity and heavy vehicular movement. Therefore, prohibiting entry without providing alternative routes would adversely affect the residents and businesses relying on this thoroughfare. There are large tracts of vacant DDA land surrounding this area. It is thus O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors. -27- imperative for the Delhi Development Authority (DDA) to allocate space for creating alternative routes to create another road to cater to the transportation needs of residents in Rangpuri, Mahipalpur, and Ruchi Vihar and divert the heavy traffic from the Sectors E-1 and E-2 Road.
43. The applicants have not produced any cogent material before this Tribunal by way of production of any road map of the area to show the existence of such alternative route/main road justifying issuance of direction by this Tribunal for prohibiting entry of heavy vehicles on the road in question and installing barricades on the road in question for implementing the prohibition.
44. In its report the Joint Committee has mentioned illegal dumping of C&D waste on the road side. In its replies filed vide email dated 21.11.2023 and 22.01.2024 DDA has mentioned that respondent no.2- DDA has cleaned the malba and garbage around the Sectors E-1 and E-2 road. In its replies DDA has not given any information regarding C&D waste collection centers/processing facilities established by it.
45. In the action taken report filed vide email dated 16.01.2024 Deputy Commissioner, Najafgarh Zone, MCD has mentioned that area of Sector E-1 & Sector E-2, Vasant Kunj and nearby area, falls under the jurisdiction of DDA and is not handed over to MCD till date. There are various C&D waste collection centres near the mentioned area which are being maintained by the MCD i.e. J.E. Store, B-Block, Vasant Kunj/South Zone & J.E. Store Dhulsiras, Sector 17, Dwarka/Najafgarh Zone. Subsequently, the waste from these C&D/Malba waste collection sites are transferred to MCD Recycle Waste plant, Bakkarwala for conversion into tiles, coarse sand & stone aggregate (RCA). O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors. -28-
46. Respondent no.2-DDA is directed to utilize the above said MCD facilities and to ensure that (i) no C&D waste is dumped on the road side or nearby vacant DDA land; (ii) nearby vacant DDA land is not un- authorizedly used for supply of any building material and (iii) action for prosecution and imposition of environmental compensation is taken against the violators in accordance with law.
47. It may be observed here that in its compliance report filed vide email dated 22.01.2024 DDA has mentioned that in order to curb the air pollution in the area DDA has decided to develop green belt by doing dense plantation at feasible patches alongside housing pockets and around the road between E-1 & E-2, Vasant Kunj, New Delhi. It is also mentioned that such plants will be maintained by the Horticulture wing of DDA and in case any plant gets decay, the same will be replaced with fresh plant in order to maintain the greenery in the area.
48. Respondent no. 2-DDA is directed to develop green belt around the road between E-1 and E-2, Vasant Kunj and carry out requisite plantation and maintain the plants for preventing and controlling air/dust pollution in the area.
49. In compliance of the order dated 22.11.2023 passed by this Tribunal, DPCC issued show cause notices dated 05.01.2024 to the Superintendent Engineer, DDA and to the Dy. Commissioner (Najafgarh Zone), MCD for imposition of Environmental Damage Compensation of Rs. 1,00,000/- (Rupees One Lakh only) each for past violations and damage to the environment. However, there is no subsequent report as to orders passed on said show cause notices and copies of orders if any passed on said show cause notices have not been filed. O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi & Ors. -29-
50. DPCC is directed to pass appropriate orders on said show cause notices for imposition of Environmental Damage Compensation for past violations and damage to the environment thereby caused and recover and utilize the amount of compensation for restoration of environment.
51. The present original application is disposed of with directions as mentioned above.
52. Action Taken Reports be filed by DDA and DPCC regarding action taken in compliance with the above mentioned directions within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before this Bench for further directions.
53. A copy of this order be sent by email to the applicants for information and the concerned respondents for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM July 05th, 2024 ag