National Green Tribunal
D S Kataria And Ors vs Government Of Nct Of Delhi & Ors on 18 August, 2025
Items No. 04 & 05 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Misc Application in Disposed of Cases No. 53/2025
In
Original Application No. 517/2022
D S Kataria and Ors. Applicants
Versus
Government of NCT of Delhi & Ors. Respondents
WITH
Execution Application No. 30/2025
In
Original Application No. 517/2022
D S Kataria and Ors. Applicants
Versus
Government of NCT of Delhi & Ors. Respondents
Date of hearing: 18.08.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicants: Mr. Narender Kumar, Advocate for the applicants.
Applicant No. 1 in Person.
Respondents: Ms. Nanda Devi Deka, Advocate (through V.C.), Ms.
Shubra Sharma and Mr. Shashwat Pratyush,
Advocates for respondent no. 2-DDA.
Ms. Puja Kalra, Advocate for respondent no. 3-MCD.
Ms. Tanisha Samantha, Advocate for respondent no. 4-
DPCC.
None for respondents no. 1, 5 and 6.
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ORDER
1. The applicants-Mr. D.S. Kataria and other, members of Residents Welfare Association (Regd.) Sector E, Pocket-2, Vasant Kunj, New Delhi had sent a letter petition dated 22.04.2022 to this Tribunal which was treated and registered as O.A. No. 517/2022.
2. The applicant raised grievances regarding pollution caused by continuous heavy vehicular movement of all sorts of vehicles day and night on residential area approach road, dumping of building/construction material on vacant land adjacent to Sector E-2 on the southern side of the Society and loading and unloading of dumpers causing air and noise pollution making life of the residents of the Society miserable.
3. The application was disposed of vide order dated 05.07.2024 whereby DDA and DPCC were directed to file action taken reports within 3 months. The relevant part of the order reads as under:-
""
4. Report dated 16.11.2024 was filed by DDA and report dated 09.12.2024 was filed by DPCC.
5. The relevant part of the report dated 16.11.2024 filed by DDA is reproduced below:-
" STATUS REPORT Action taken reports in compliance of Hon'ble tribunal judgement dated 05.07 .2024 vide para 42 & 48, in case titled as "D S Kataria & Ors Vs Govt of NCT of Delhi & Ors" vide OA 517/2022 is as under: -
1. Hon'ble tribunal vide para 42 directed 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 Sector E-1 and E-2 road.
ATR: - In context of afore-said para, it is submitted that the land along the Mehrauli Mahipalpur road is a built-up area and does not lie under the possession of DDA. Most of the land is 2 forest/green land and lie under the possession of forest department. Also, alternative route to the Rangpuri Pahari & Ruchi Vihar is already available from national highway side, but instead of following the afore-said route, commuters as well as cargo vehicles take the E-UE-2 road to avoid the challan by Traffic police leading to heavy vehicular traffic in the area (copy of map showing alternative routes duly marked is enclosed as Annexure-A). Therefore, it is not feasible for DDA to allocate space for creating alternative routes owing to the restricted land availability.
2. Hon'ble tribunal vide para 48 also directed DDA to develop green belt around the road between E-1 and E-2, Vasant Kunj and carry out requisite planation and maintain the plants for preventing and controlling air/dust pollution in the area. ATR: - In context of afore-said para, it is submitted that DDA has already develop green belt by doing dense plantation at feasible patches along E-1/E-2 road. To protect the plantation from stray animals, Grills have been erected around the green belt (photographs enclosed As Annexure-B). To mitigate the dust pollution, cleaning/sweeping of E-1/E-2 road & sprinkling of water on plants, footpaths and road during the GRAP period is being done on regular basis (Photographs enclosed as Annexure- C). Further, a dedicated team has been deployed by DDA to inspect C&D waste sites and check open burning (including bio- Mass burning, land fill fires etc.) in the area (Copy of order attached as Annexure-D)."
6. The relevant part of the report dated 09.12.2024 filed by DPCC is reproduced below:-
" ACTION TAKEN REPORT ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE WITH RESPECT TO THE JUGDMENT DATED 05.07.2024.
X X X X
3. That, this Hon'ble Tribunal after hearing in detail pleased to pass a detailed judgment on 05.07.2024. In the judgment following directions were issued:
a. 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. b. Action Taken Reports be filed by DDA and DPCC regarding action taken in compliance with the above-mentioned directions.
4. That, in compliance of the order dated 05.07.2024 passed by this Hon'ble Tribunal, join inspection of the site was carried out on 12.09.2024, by the joint team consisting of officials from DDA, MCD and DPCC. The joint inspection team observed:
i MCD has informed that it had constructed around 450 m patch of road pertaining to them.
ii. DDA has also informed that it had constructed around 380 m patch of road between E-1 and E-2 apartments, Vasant Kunj pertaining to them however stagnation of water found at the entrance of E-2 Vasant Kunj due to low lying area.3
iii. No C&D Waste was found along the E-I/E-2 roadside during the inspection.
iv. No barricading was found installed on the site. Copy of the joint inspection report dated 12.09.2024 alongwith Geotagged photographs is annexed herewith as ANNEXURE-1.
5. That, DPCC has issued order for imposition of Environmental Damage Compensation on 28.10.2024 to the Dy. Commissioner (Najafigarh Zone) of Rs. 1,00,000/- (Rupees One Lakh only) in view of the "Polluter Pays" and in compliance of the order passed by this Hon'ble Tribunal dated 05.07.2024. Copy of the order dated 28.10.2024 for imposition of Environmental Damage Compensation is annexed berewith as ANNEXURE-2.
6. That, DPCC has issued order for imposition of Environmental Damage Compensation on 28.10.2024 to the Sup. Engineer, SPD-
1, DDA of Rs. 1,00,000/- (Rupees One Lakh only) in view of the "Polluter Pays" and in compliance of the order passed by this Hon'ble Tribunal dated 05.07.2024.
Copy of the order dated 28.10.2024 for imposition of Environmental Damage Compensation is annexed herewith as ANNEXURF-3.
7. That, a reply has been received from DDA with respect to order dated 28.10.2024, wherein DDA has requested to withdraw the EC claiming that they followed all compliances for dust mitigation at the E-1/E-2 Apartment Vasant Kunj. Copy of the reply submitted by DDA dated 12.11.2024 is enclosed herewith as ANNEXURE-4.
8. That, no reply has been received from MCD as on date.
9. That, DPCC has again issued reminder orders for imposition of Environmental Damage Compensation on 22.11.2024 to MCD and DDA and directed to deposit EC amount of Rs. 1,00,000/- (Rupees One Lakh only) each. Copy of the reminder order dated 22.11.2024. are annexed herewith as ANNEXURE-(Colly)
10. That, DPCC has not received Environmental Damage Compensation from MCD as well from DDA in this matter as on date. It is therefore requested to this Hon'ble Tribunal that the present action taken report may kindly be taken on record."
7. Since further directions were considered to be necessary the matter was listed before the Bench by the Registry.
8. Vide order dated 05.05.2025 notices were ordered to be issued to DDA, DPCC and MCD for filing of their responses/reports.
9. The applicant filed Execution Application No. 30/2025 for execution of direction given in para 42 of order dated 05.07.2024 passed by this Tribunal in O.A No. 517 of 2022 titled as DS Kataria and others vs. Government of NCT of Delhi and others alleging non-compliance with the same.
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10. We have gone through order dated 05.07.2024. On a careful reading of paragraphs 42 and 43 of above said order, it emerges that no direction has been given by this Tribunal to 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" as claimed by the applicant. On the other hand, in para 43 of order dated 05.07.2024, this Tribunal has categorically recorded that there is no material justifying issuance of any such direction.
11. In the course of hearing, learned counsel for the applicant conceded that no such directions as claimed by the applicant have been given by this Tribunal and submitted that 'clause ii' of the prayer in the above said execution application may be treated as withdrawn to that extent.
12. Accordingly, above said execution application was partly dismissed as withdrawn qua 'clause ii' of the prayer therein.
13. DPCC had passed orders dated 28.10.2024 imposing Environmental Compensation (EC) of Rs. 1,00,000/- each on respondent no. 2- DDA and respondent no. 3- MCD which amount was not deposited by them.
14. Vide order dated 05.08.2025 respondent no. 2- DDA and respondent no. 3- MCD were directed to file their responses with respect to orders passed by DPCC for imposition of environmental compensation. In their responses, respondent no. 2- DDA and respondent no. 3- MCD were directed to also mention as to why appropriate action regarding filing of complaint under Rule 35 (2) of the National Green Tribunal (Practices and Procedure) Rules, 2011 be not taken due to non-compliance with respect to payment of environmental compensation within a period of 30 days from the date of order as EC was imposed by DPCC by initiating proceedings in compliance with the orders passed by this Tribunal. 5
15. In status report dated 30.10.2024 filed by respondent no. 2-DDA it was mentioned that the DDA has already developed green belt by doing dense plantation at feasible patches along E-1/E-2 road to protect the plantation from stray animals, grills have been erected around the green belt. Learned Counsel for the applicant raised objections claiming the green belt so developed to be inadequate. Vide order dated 05.08.2025 respondent no. 2- DDA was directed to file further compliance report with respect to compliance with direction issued by this Tribunal in para 48 of order dated 05.07.2024 with requisite details. The applicant was also given opportunity to file objections/suggestions giving details regarding feasible patches for further plantation within one week.
16. No responses have been filed respondent no. 2-DDA and respondent no. 3-MCD.
17. We are of the considered view that it will be appropriate to dispose of the present Miscellaneous Application by directing DPCC to take appropriate action for recovery of the amount of environmental compensation within two months and to file an action taken report regarding utilization of the amount of compensation before this Tribunal within three months.
18. No objections have been filed by the applicant regarding any deficiency on the part of DDA in compliance with the orders passed by this Tribunal so far as development of green belt is concerned and, therefore, Execution Application filed by the applicant qua prayer 1 is also liable to be disposed of as fully satisfied.
19. In these facts and circumstances of the case the present Miscellaneous Application and Execution Application are disposed of with directions to DPCC to take appropriate action for recovery of the amount 6 of environmental compensation within two months and to file an action taken report regarding utilization of the amount of compensation before this Tribunal within three months.
20. The Registry is directed to treat the Action Taken Report so filed by DPCC as Miscellaneous Application and list the same before the Bench on 10.12.2025 for such further orders as may be considered appropriate.
21. A copy of this order may be sent to the Member Secretary, DPCC, the Vice Chairman, DDA and the Commissioner, Municipal Corporation Delhi by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 18th, 2025 M.A in Disposed of Cases No. 53/2025 In Original Application No. 517/2022 With E.A No. 30/2025 In Original Application No. 517/2022 AB 7