National Green Tribunal
Ganesh Prasad vs Gov. Of Nct Of Delhi& Ors on 2 November, 2023
Item No.6 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Physical Hearing with Hybrid VC Option)
M.A No. 24/2023
In
Original Application No. 33/2022
Ganesh Prasad Applicant
Versus
Gov. of NCT of Delhi& Ors. Respondents
Date of hearing: 02.11.2023.
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None for the applicant.
Respondents: Ms. Jyoti Mendiratta Advocate for DM (South West).
Mr. V.K. Mongia SDM (Dwarka) (Through VC).
Mr. Kush Sharma Advocate for DPCC.
Application is registered based on a complaint received by Post.
ORDER
1. O.A. No. 33 of 2022 was filed with the grievance that R.O. plant was being run unauthorizedly at Plot no. K-9, 25 Feet Road, Part II, Chankya Palace, New Delhi by Mr. Ashish.
2. Vide order dated 31.01.2022 a Joint Committee comprising of Chairman, Delhi Jal Board, DPCC, District Magistrate, New Delhi and Chairman, State Ground Water Authority was constituted to look into the grievance and submit factual and action taken report within three months before Ld. Registrar General, NGT, Delhi who was given liberty to put the matter before the Bench for necessary directions, if considered necessary and the application was disposed of accordingly. M.A No. 24/2023 in O.A No.33/2022 Ganesh Prasad Vs. Govt. of NCT of Delhi & Ors. 2
3. Report dated 14.12.2022 was filed by the DPCC and relevant part of the report reads as under:
"STATUS REPORT ON BEHALF OF DELHI POLLUTION CONTROL COMMITTEE WITH RESPECT TO ORDER DATED 31.01.2022.
2. That Sh. Ganesh Prasad has filed a complaint before this Hon'ble Tribunal against running of Reverse Osmosis Water Purification Plant at K-9, 25 Feet Road, Part II, ChanakyaPuri Palace, New Delhi. .
3. That, in Delhi there is no State Ground Water Authority, hence in place of State Ground Water Authority, Central Ground Water Authority was coopted in the joint inspection team. Also, as the area falls under territorial jurisdiction of the District Magistrate (South-West), hence was opted in place of DM (New Delhi).
4. That, in compliance to the order passed by this Hon'ble Tribunal, the Joint Committee consisting of Officials from Central Ground Water Authority, Delhi Jal Board and DPCC carried out an inspection of the site on 29.07.2022. No one from the office of DM (South West) attended the jointinspection. Following are the observations of team:
• No RO Plant was existing at plot no. 9, Block K, Part II, Chanakya Place.
• One RO plant was found working on nearby location i.e. Plot No. 7, Block K, Part II, Chanakya Place, Uttam Nagar in the name of Sh. Ajit Kumar & Sh. Ashish Kumar.
• The major observations w.r.t. the R.O. Plant at Plot No. 7, Block K, Part II, Chanakya Place, Uttam Nagar are as follows:
-No NOC permission has been obtained from DIB/ CGWA for running the RO plant/ extracting ground water,
-The wastewater generated from the plant is being discharged directly to the drain.
Copy of the inspection report of joint committee dated 27.09.2022 is enclosed herewith as ANNEXURE-1.
5. That based on the observations, a letter was written by DPCC on 03.08.2022, to Delhi Jal Board, DM (South West) and (GWA for taking necessary action at their end. Copy of the letter dated 03/08/2022 is enclosed herewith as ANNEXURE-2.
6. The response from CGWA received on 14/09/2022, indicated that the unit has to take permission from the DJB/ District Administration and that the tube well should be sealed by DM as DM is authorized officer for sealing of tube well and taking legal action. Copy of the response from CGWA dated 14/09/2022 is enclosed herewith as ANNEXURE-3.
7. The DJB vide letter dated 22.09.2022 informed that the/unit could not be sealed as no one from the office of DM (South West) was present during the joint inspection. It also enclosed a letter written by DJB to SDM (Dwarka) for taking action against the illegal bore well observed during the joint inspection on 29/07.2022. Copy of the responsefrom DJB dated 22/09/2022 is enclosed herewith as ANNEXURE-4.
8.No ATR has been received from DM(South West). DPGC wrote a letter to DM(South West) for taking necessary action on 05/ 12/2022. Copy of the letter dated 05/12/2022 is enclosed herewith as Annexure-5."
M.A No. 24/2023 in O.A No.33/2022 Ganesh Prasad Vs. Govt. of NCT of Delhi & Ors. 3
4. Under orders of Hon'ble Chairperson of this Tribunal, the matter has been listed for further directions.
5. Vide order dated 21.07.2023 the District Magistrate (South West) was directed to comply with the directions issued by the DPCC and submit further action taken report and the DPCC was directed to calculate environmental compensation and to realize the same in accordance with the rules and to submit report in this regard.
6. No reports have been submitted by the District Magistrate (South West) and the DPCC in compliance of above mentioned order.
7. Mr. V.K. Mongia SDM (Dwarka) has appeared before this Tribunal through VC and verbally submitted that the R.O. plant has been sealed today and report will be submitted in due course of time.
8. Learned Counsel appearing for the DPCC has submitted that appropriate proceedings are being initiated for imposition and realization of environmental compensation from the project proponent.
9. This case speaks volumes of insensitivity to environmental issue and inefficiency, inaction, gross negligence on the part of instrumentalities of the State,which are under Constitutional obligation to protect and improve the environment. Unauthorized R.O. plant is stated to have been sealed today despite the fact that order constituting the Joint Committee with direction to submit factual and action taken report within three months was passed on 31.01.2022 and was conveyed to the concerned authorities by email dated 07.02.2022 sent at the email ids-Chairman, DPCC [email protected], Member Secretary [email protected], Spl. Secretary Env. [email protected], [email protected], UdaiBhan, [email protected], Dr. Monica [email protected], Central Ground Water Authority, M.A No. 24/2023 in O.A No.33/2022 Ganesh Prasad Vs. Govt. of NCT of Delhi & Ors. 4 [email protected], Ashok Kumar Pater [email protected], yet the Joint Committee consisting of officials from Central Ground Water Authority, Delhi Jal Board and DPCC carried out an inspection of the site after more than five months on 29.07.2022 and submitted its report after about two months on 27.09.2022. The DPCC wrote letters dated 03.08.2022 to DJB, District Magistrate (South West) and CGWA for taking necessary action. CGWA sent response dated 14.09.2022 to the DPCC that tubewell was to be sealed by the concerned District Magistrate. The DJB informed the DPCC vide letter dated 22.09.2022 that the unit could not be sealed as no one from the office of the District Magistrate (South West) was present during the inspection. The DPCC wrote letter dated 05.12.022 to the District Magistrate (South West) for taking necessary action. The illegal borewell in question has been sealed today after notice was issued on the present miscellaneous application. The above said authorities have allowed the illegal borewell to operate from 07.02.2022 (the date of communication of order passed by this Tribunal) till 02.11.2023 without any justification and have flouted the rule of law and illegitimately betrayed the trust of the people by neglecting to discharge the statutory duties entrusted to them.
10. In these facts and circumstances, we are of the considered view that besides the person illegally operating the borewell, the above said statutory authorities are also responsible for causing damage to environment and environmental damage compensation ought to be imposed on and realized from not only the violator but also the DPCC,DJB, District Magistrate (South West) and SDM Dwarka. However, before passing any further order in this regard, we consider it appropriate to give them opportunity to show cause as to why environmental compensation be also not imposed on them.
11. The Registry is directed to issue notices to (i) the Member Secretary, DPCC, (ii) CEO, DJB, (iii) the District Magistrate (South West) M.A No. 24/2023 in O.A No.33/2022 Ganesh Prasad Vs. Govt. of NCT of Delhi & Ors. 5 and (iv) SDM Dwarka accordingly requiring them to file their reply/response on or before 08.11.2023 e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
12. Notices be also issued to Ajit Kumar and Ashish Kumar Plot no. 7, Block-K, Chanakya Palace II, Uttam Nagar requiring them to file their reply/response on or before 08.11.2023 e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
13. List for further consideration 09.11.2023.
14. In view of the facts and circumstance of the case, we consider personal appearance of (i) the Member Secretary, DPCC, (ii) CEO, DJB,
(iii) the District Magistrate (South West) and (iv) SDM Dwarka (physically or through VC) on the next date of hearing to be essential for producing the relevant record and assisting this Tribunal in just and proper adjudication of the questions involved in the case and they are accordingly directed to remain present before this Tribunal on that date.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM November 02nd 2023 N 2