National Green Tribunal
Varun vs Delhi Pollution Control Committee & Ors on 9 April, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 02 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Execution Application No. 25/2020
IN
O.A. No. 620/2019
(With report dated 19.02.2021)
Varun Applicant
Versus
Delhi Pollution Control Committee & Ors. Respondent(s)
Date of hearing: 09.04.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Ms. Mansi Chahal, Advocate in EA 25/2020
ORDER
1. This Execution Application seeks compliance of directions of this Tribunal vide order dated 21.10.2019. The issue considered therein was industrial pollution in Mayapuri, Bawana, Khyala, Uttam Nagar and other adjoining areas in Delhi by certain industrial units. According to the applicant, the order has not been complied with.
2. Response was sought from the DPCC vide order dated 19.10.2020. Accordingly, the DPCC has filed its action taken report on 19.02.2021 as follows:
"3. That the units which were found operating without pollution control device/valid consent to operate DPCC imposed EDC in addition to effective closure of the premises. Power supply and water supply of the units were also disconnected by BSES and DJB respectively.
1 Copy of the table showing the status of all respondent is attached herewith as Annexure-1.
4. That to ensure that no such illegal unit apart from the units mentioned in the Execution Application, 43 more units were identified in nearby areas. Closure directions were issued from time to time in all 43 premises and units were effectively closed. Power supply and water supply of the units were also disconnected by BSES and DJB respectively. Show cause notice for imposition of Environmental Damage Charges were also issued in February, 2021. List of 43 units is annexed herewith as Annexure-2."
3. On behalf of the applicant, objections have been filed to the effect that compensation is not adequate. The applicant has a remedy of either filing an appeal or making representation to DPCC about the quantum. The objections are accordingly stands disposed of.
4. In view of above, this application is disposed of with the direction that the process of assessing and recovering compensation be completed expeditiously, following due process of law. The DPCC may also maintain vigil to ensure that the illegally operating units do not restart without compliance.
A copy of this order be forwarded to DPCC by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Brijesh Sethi, JM Dr. Nagin Nanda, EM April 9, 2021 EA No. 25/2020 IN OA No. 620/2019 AVT 2