National Green Tribunal
Satish Kumar vs Union Of India on 10 December, 2020
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item Nos. 01 to 08 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 56(THC)/2013
Satish Kumar Applicant
Versus
Union of India & Ors. Respondent(s)
WITH
Original Application No. 57(THC)/2013
Mahavir Singh Applicant
Versus
Union of India & Ors. Respondent(s)
WITH
Original Application No. 1027/2018
(Earlier O.A. No. 56/2013)
Satish Kumar Applicant
Versus
Union of India & Ors. Respondent(s)
WITH
Original Application No. 726/2017
Chattar Singh Rachhoya Applicant
Versus
North Delhi Municipal Corporation & Ors. Respondent(s)
WITH
Original Application No. 435/2016
(M.A. No. 1720/2018)
N. S. Yadav & Ors. Applicant(s)
Versus
Commissioner, North MCD & Ors Respondent(s)
WITH
Original Application No. 1029/2018
(Earlier O. A. No. 13/2017)
Chanakya Place Residents Welfare Association Applicant
Versus
1
Govt. of NCT of Delhi & Ors. Respondent(s)
WITH
Execution Application No. 47/2018
IN
O. A. No. 453/2018
Rajeev Kumar Applicant
Versus
Central Pollution Control Board & Ors. Respondent(s)
WITH
Original Application No. 601/2018
In the matter of news articles by Mayank Manohar & Paras Singh,
Reporter Times of India Applicant
Versus
Govt. of NCT of Delhi & Ors. Respondent(s)
Date of hearing: 10.12.2020
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
For Applicant(s): Mr. Rahul Choudhary, Advocate in OA 56/2013
Ms. Kanika Sood, Advocate in OA 57/2013
For Respondent(s): Ms. Jyoti Mendiratta, Advocate for GNCTD
Mr. Rahul Khurana, Advocate for State of Haryana
Mr. Raj Kumar, Advocate for CPCB
Mr. Sanjay Poddar, Senior Advocate with Ms. Puja
Kalra Advocate, for SDMC & North DMC
Mr. Balendu Shekhar, Advocate for NDMC & EDMC
Mr. Narender Pal Singh, Advocate for DPCC
Mr. Kush Sharma, Advocate for DDA
Ms. Shamshravish Rein, Advocate for DSIIDC
ORDER
1. Proceedings in these matters are offshoot of directions of the Hon'ble Supreme Court in M.C Mehta Vs. Union of India & Ors. (2004) 6 SCC 588, for shifting/closing of industrial activities falling under category 'F' of the Master Plan of Delhi, 2001. Aggrieved by the inaction of the authorities on the subject, some petitions were filed in the Delhi High Court alleging that unauthorized industrial activities, which 2 included unscientific handling of plastic and its illegal disposal by way of burning, etc. were continuing. The proceedings were transferred to this Tribunal. Thereafter, more cases were directly filed before this Tribunal.
There were also allegations of burning of plastic in violation of environmental norms.
2. We may briefly mention the subject matter of eight matters which will stand covered by this common order.
First two matters being OA No. 56(THC)/2013, Satish Kumar vs. Union of India & Ors. and OA No. 57(THC)/2013, Mahavir Singh vs. Union of India & Ors., arise out of two writ petitions filed before the Delhi High Court against burning of plastic etc. by industrial units working illegally in non-conforming areas at Mundka, Nangloi and other adjoining areas in outer Delhi. After transfer of the writ petitions to this Tribunal, the Tribunal issued directions for scientific management of plastic waste.
The Tribunal directed the Chief Secretary, Delhi to coordinate with the concerned authorities by holding a joint meeting. After referring to the judgment of the Hon'ble Supreme Court in M.C. Mehta (supra), direction was also issued to shift/close illegal industrial activities operating in non-confirming areas. OA No. 1027/2018 was separately registered after OA Nos. 56(THC) and 57(THC) of 2013 were technically disposed of but kept pending for considering the report.
OA No. 726/2017, Chattar Singh Rachhoya vs. North Delhi Municipal Corporation & Ors. was filed against hazardous activities by industrial units in non-conforming area. The said matter was directed to be tagged to OA Nos. 56(THC) and 57(THC) of 2013, after issuing directions, vide order dated 28.09.2018, for remedial action against the illegally polluting activities.
3OA No. 435/2016, N.S. Yadav & Ors. vs. Commissioner, North MCD & Ors. is in respect of grievance against illegal denting, and painting and other activities in non-conforming areas. On 04.10.2018, after issuing directions for remedial action, the said matter was also directed to be tagged to OA No. 56(THC) of 2013.
In OA No. 13/2017, Chanakya Place Residents Welfare Association vs. Govt. of NCT of Delhi & Ors., the grievance was against operation of polluting factories in non-conforming/residential areas. Vide order dated 11.10.2018, the matter was tagged to OA No. 726/2017 and OA No. 435/2016.
Execution Application No. 47/2018, Rajeev Kumar vs. Central Pollution Control Board & Ors. was filed for enforcement of earlier order of this Tribunal dated 20.07.2018, disposing of the application in terms of orders passed in OA No. 56(THC) of 2013.
OA No. 601/2018, Mayank Manohar & Paras Singh, Reporter Times of India vs. Govt. of NCT of Delhi & Ors. was on the basis of a news item dated 20.08.2018 that there are 51,837 factories operating illegally, in non-conforming areas.
3. In all the matters, the Tribunal directed the Chief Secretary, Delhi, who was to head the Committee for enforcement of the Hon'ble Supreme Court judgment, to take realistic action and to appear in person. The Chief Secretary appeared in person on 05.08.2019 and filed an action plan giving the schedule of the planned action. Thereafter, on 19.11.2019, again the Chief Secretary was present in person and after interaction with the Chief Secretary, further orders were passed. We may also note that in view of inadequacy of the compliance for a long time, the Tribunal also constituted an Oversight Committee (OC), vide order dated 24.01.2019 in OA 601/2018, to prepare a time bound action plan 4 to deal with the problem. The OC gave its report which was considered vide order dated 19.11.2019 and final report of the OC was further considered on 20.03.2020.
4. After above brief description of the matters, we may refer to some of the significant orders passed.
5. Order of this Tribunal dated 19.11.2019 sums up earlier proceedings as follows:-
"2. The Tribunal dealt the matter by way of final order dated 12.12.2013 noting that environmental degradation and havoc was being caused by unscientific handling of plastic on the environment. Plastic clogs the natural cycles - both physico - chemical as well as biological. Recklessly littered plastic was injurious even to the animals which devour it. There is temptation to dispose the plastic by burning which generates fumes containing toxic volatile emissions. Plastic combustion also generates airborne particulate emissions (soot) and solid residue ash (black carbonaceous material). It was observed that several studies have demonstrated that soot and solid residue ash poses high potential of significant health and environmental concerns. Soot so generated contains Volatile Organic Compounds (VOCs), semi-VOCs, smoke (particulate matter), particulate bound heavy metals including Lead, Cadmium, Chromium and Copper, Polycyclic Aromatic Hydrocarbons (PAHs), Polychlorinated Dibenzofurans (PCDFs) and Dioxins, which have the ability to travel long distances, depending on prevailing atmospheric conditions before it drops back to earth and thus, enters into the food chain. Composition of by-products of plastic combustion with respect to its type and concentration depends on the combustion temperature and the flame residence time. A study of the combustion of Polyethylene (both Low and High Density Polyethylene) at different operating conditions detected more than 230 VOCs and semi-VOCs, especially Olefins, Paraffin, Aldehydes and light hydrocarbons including benzo(a)Pyrene and 1,3,5 Trimethyl benzene. Significant amount of pollutants of environmental and health concern including carcinogens such as PAHs, nitro-PAHs and Dioxins have been identified in the airborne particulate emissions. Further, these particulates have been found to be highly mutagenic. PAHs in the range of 8-340 ppm have been observed in the soot which is significant enough to cause cancer. Di-(2-
ethylehexyl) phthalate (DEHP), one of the compounds among the plasticizers used in plastic manufacturing, has been described by US Environmental Protection Agency (USEPA) as a probable human carcinogen, a potential endocrine disruptor and is believed to be harmful by inhalation, generating possible health risks and irreversible effects. The Tribunal directed the authorities to perform their statutory duty and deal with the matter.
53. In spite of lapse of more than fourteen years after the order of the Hon'ble Supreme Court and more than four and a half year after the order of this Tribunal, when the matter was reviewed on 20.07.2018, the Tribunal found that unregulated handling of plastic continued unabated. Orders of this Tribunal dated 12.12.2013, 24.12.2014, 24.02.2015, 06.12.2016, 10.01.2017 and 10.10.2017 remained on paper in absence of sincerity of the authorities who were expected to take steps in the matter. Illegal burning of plastic continued, shown by photographs produced before this Tribunal.
4. This Tribunal directed the Chief Secretary, Delhi to co- ordinate with the concerned authorities and ensure compliance of directions of this Tribunal at the ground level forthwith. Four months' time was given for doing so. The Chief Secretary, Delhi was also directed to indicate the persons accountable for their failure against whom appropriate penal action could be taken.
5. The matter was thereafter reviewed on 03.12.2018 in the light of the above background. It was again noted that in violation of order of the Hon'ble Supreme Court passed more than 14 years ago, unregulated handling of plastic including burning thereof was continuing to imperil the health of the citizens and the environment. The report from authorities placed on record itself showed carrying on of illegal activities and creation of unhygienic/unhealthy conditions. It was noted that large scale degradation of environment was taking place. The Tribunal directed the Government of Delhi to deposit a sum of Rs. 25 Crores towards cost of damage to the environment and furnish performance guarantee in the like amount with the CPCB. It was further directed that if the failure continues, the Delhi Government will be liable to pay a further amount of Rs. 10 Crore per month as a coercive measure for compliance of the order of this Tribunal. The amount is to be spent on restoration of the environment.
6. Again, vide order dated 18.07.2019, the Tribunal found that action taken against identified polluters was inadequate and gave last opportunity to Delhi Government to take necessary steps in the matter and file further compliance report giving details of action taken month-wise. The Chief Secretary was required to remain present in person.
7. The matter was thereafter further considered on 05.08.2019 in the presence of the Chief Secretary and in the light of compliance affidavit filed on 02.08.2019 by the Delhi Government as follows:-
"7. Accordingly, the Chief Secretary is present in person and compliance affidavit has been filed on 02.08.2019 by the Special Secretary (Environment) and Member Secretary, DPCC stating that an action plan has been prepared and has been executed. Regular monitoring was being done at the level of Chief Secretary. Month-wise action taken is mentioned as follows:-6
"(i) November and December, 2018 - Joint Inspection teams consisting officers from West Zone, South DMC, DPCC and Delhi Police carried out door to door survey in the areas of Chanakya Place and Sitapuri. A total of 624 industrial units were found operating.
(ii) May, 2019 - Out of the 624 industrial units, 03 units have been identified being polluting in nature (Orange category). DPCC has got sealed/closed down all these polluting units. Simultaneously Environmental Compensation has been imposed on these 03 units.
(iii) June, 2019 - the 03 polluting units (micro units were sealed, their electricity connections were disconnected for ensuring effective closure. Three units have deposited the Environmental Compensation imposed upon them.
(iv) July, 2019 -West Zone, South DMC has carried out publicity in the area that those who are eligible under the household category are required to obtain the license under the policy and those who are not eligible for license under the household category and also those units who do not apply for license will be closed w.e.f.
01.08.2019. Camps were also organized for facilitating applying for license and disseminating information on the policy.
(v) August, 2019 -98 small industrial units have applied for license under the household policy of South MCD, which are being processed. The sealing drive has been initiated against 522 units who are not eligible. On the first day of the drive i.e. on 01.08.2019, 12 units were sealed and 06 units have vacated on their own. MCD officials shall complete the process at the earliest and this drive shall continue with full vigour.
(vi) It has been decided to impose Environmental Compensation on the polluting units operating in the area illegally."
8. During the hearing, a brief note has been handed over by the learned Additional Solicitor General stating that action taken after 15.07.2019 till date is as follows:-
"1. From 15.07.2019 to 24.07.2019, 37 plastic and other polluting units have been sealed in the Sub-Division of Punjabi Bagh.
2. Five teams were constituted on 24.07.2019 to identify and seal in the villages qua plastic units.
3. Between 25.07.2019 to 29.07.2019, 92 units have been sealed out of total 263 units surveyed.
4. On 31.07.2019, five more units illegal units operating residential/non- conforming areas have been sealed.7
5. 12 teams have been constituted vide order dated 31.07.2019 to carry out illegal units in residential / non- conforming areas in Delhi.
6. During 01.08.2019-03.08.2019, 181 units have been surveyed by 12 teams and 58 units have been sealed.
7. In Jahnagirpuri area, 400 tonnes of plastic waste has been removed during two days i.e. 2-3 August, 2019. The land belongs to defence.
8. The DDA has removed 627 Tonnes of plastic waste from Mangolpuri area.
9. In the coming fortnight, 12 teams will take action on large scale.
10. 1003 bighas of land has been cleared of the entire plastic waste during 12.12.2018-17.01.2019. 10766 tonnes of waste has been cleared during this period.
11. Vesting proceedings have been started against 708 bighas of agriculture land in Tikri Kalan area. 180 bighas of land has already been vested till 16.07.2019 with the Government for misuse of the agriculture land. Further land of 108 bighas has been vested after 16.07.2019.
12. 16.35 bighas of land has been put to agriculture."
9. In view above, we direct that further action be continued and a report as on 31.10.2019 be filed before the next by e-mail at [email protected]. As already directed, vide order dated 18.07.2019 in O.A No. 159/2013, Lokadhikar Sangathan vs. Govt. Of NCT of Delhi & Ors., the Oversight Committee headed by Justice Pratibha Rani, former Judge of the Delhi High Court, may furnish its final report before 31.10.2019, setting out its recommendations cumulatively at one place in a tabular form in the present case also."
9. Accordingly, we have considered the matter further and heard the Chief Secretary who is present in person and also perused action taken report filed on 06.11.2019 by the Delhi Government inter-alia stating as follows:
"That, Environmental Damage Compensation (EDC) of Rs. 40,91,02,500/- was imposed on 115 units. Due to non-payment of EDC by these units, recovery certificates have been issued to SDM (Punjabi Bagh). List of 115 units effectively closed with amount of EDC imposed is annexed as Annexure-2.
That, further, 82 premises have also been effectively closed by the joint inspecting teams and DPCC has imposed environmental damages compensation of Rs.8
38,83,85,000/- against these 82 units. List of 82 units effectively closed with amount of EDC imposed is annexed as Annexure- 3. Furthermore, for remaining units, EDC is being calculated and orders are being passed.
That, a public notice was published on 07.11.2019 in vernacular languages in newspapers wherein plastic units operating in villages unauthorized / non- conforming areas were directed to close their processes/remove their units with immediate effect. Copy of the public notice dated 07.11.2019 is enclosed as Annexure-4(colly).
That, as already informed to this Hon'ble Tribunal that study was awarded to Jamia Millia Islamia University for assessment of the environmental degradation in village like Tikri kalan, Nangloi, Mundaka, Kamuruddin Nagar, and Ghewra etc affected by plastic waste recycling and handling. The team of officials of Jamia Millia have collected soil and water samples on 02.11.2019 and will be submitting report and recommendation shortly.
Chattar Singh Rachhoya Versus North Delhi Municipal Corporation & Ors:
That, during the field visit carried out by Oversight Committee on 25.09.2019 alongwith officials of DPCC, North DMC, District Magistrate (West), Delhi Police & BSES, it was observed that no plastic processing was operating at CWC Nangloi 2 which were earlier sealed and closed as per orders passed in OA 726/2017.
Chanakya Place Residence Welfare Association Versus Govt. of NCT of Delhi & Others.
That, earlier a joint inspection was carried out by officials of South Delhi Municipal Corporation (SDMC) and Delhi Pollution Control Committee (DPCC) with respect to Original Application Number 13 of 2017. 03 units, out of 623 units which were polluting in nature were effectively closed. EDC was imposed on these 03 units and recovery notices were issued to concerned SDM due to nonpayment of EDC. 620 units are small and tiny tailoring/ embroidery and similar units. SDMC has been requested thrice to take action against these 620 units and file Action Taken Report in Hon'ble NGT directly.
N.S. Yadav & Others Versus Commissioner North DMC:
That, earlier 50 Number of units were inspected and 18 units were sealed in Naharpur Village area. EDC of Rs. 5,15,62,000/- was imposed on 18 units and EDC of Rs. 49,46,00,000/- was imposed on 32 units that 9 had vacated the premises after issuance of notice by North DMC. Due to non-payment of EDC, recovery certificates have been issued to SDM (Saraswati Vihar) in respect of these 50 units.
Since no cause of action survives in the present bunch of applications, the same may kindly be disposed of."
9. Report had also been filed by MCD. The said report is only by way of filing certain documents without any narrative. The documents show that 28 vehicles were seized and certain encroachments have been removed. The applicants in person and their counsel, however, point out that the action taken is wholly inadequate and burning of plastic is continuing on the spot. It is also pointed out that certain industries are using scrap and plastic as fuel. It is further alleged that plastic burning activities have been shifted to adjoining area of Haryana near Bahadurgarh border. The Chief Secretary mentioned that about 200 Officers have been removed in Delhi under Rule 56(j) of the Civil Service Rules by way of compulsory retirement, out of about 10,000 employees engaged in the process, to bring efficiency. The prevalent inaction in the context of environmental compliance in NCT of Delhi may call for further administrative action.
10. Officers of the DPCC have stated that from the environmental compensation funds, 700 persons have been employed and 200 person each have been deputed to the Municipal Corporation as marshals. We regret to point out that the Environmental Damage Compensation (EDC) funds are not meant for giving employment. Use of the said funds by DPCC in this manner needs to be immediately stopped. Let DPCC submit the details of EDC levied and utilized till 31.12.2019 along with an action plan for its utilization for restitution/ remediation.
11. Since the action taken is not adequate and consequences of continuing air pollution on health of citizens are disastrous, posting of the supervising officers needs to be reviewed and action taken against non-performers and persons with doubtful integrity, apart from appraisal of their assessment being reflected in ACRs after following due procedure. There is also need to consider deployment of CISF when pollution levels reach sever plus and use of ISRO's Bhuvan application for detection of fire incidents in the manner it is being done by the forest department for detection of forest fires. The authorities may also consider using services of National Remote Sensing Center, Hyderabad so that such applications are utilized for further action. A dedicated helpline may be required to enable the aggrieved parties to give information about incidents of plastic burning. It is well known that such plastic burning is one of the sources of air pollution in Delhi. Adequate steps have not been taken to control this resulting in serious damage to public health and converting Delhi into a gas chamber.
1012. Having regard to the rampant violations, the number of vehicles seized does not appear to be adequate. The amount of compensation recovered also does not appear to be matching to the cost of restoration which has not been assessed. Let suitable measures be taken accordingly.
13. On account of illegal plastic burning activing being shifted to State of Haryana, it is imperative that the Chief Secretary, Haryana ascertains factual position and takes remedial action and furnishes a report before the next date by e-mail at [email protected].
14. Let there be enhanced monitoring and surveillance and further action taken report filed as on 15.01.2020 by 20.01.2020 by e-mail at [email protected].
6. The matter was last considered on 20.03.2020 in the light of action taken report filed by the Chief Secretary, Haryana on 29.01.2020, report of the OC constituted by this Tribunal on 24.01.2019 in OA No. 601/2018, Mayank Manohar & Paras Singh, Reporter Times of India vs. Govt. of NCT of Delhi & Ors., and other status reports. However, since it was stated on behalf of the applicants that polluting activities were still continuing causing damage to the agricultural lands, the Tribunal directed that gaps in terms of action taken and illegalities on the ground may be bridged and compensation assessed recovered. The operative part of the order is reproduced below:
"3. Accordingly following reports have been filed:-
(i) Report filed on 13.03.2020 by SDM, Punjabi Bagh, Delhi Government.
(ii) Report filed on 29.01.2020 by the Chief Secretary, Haryana.
(iii) Report filed on 16.03.2020 by the Haryana State PCB
(iv) A report has also been filed by the Oversight Committee constituted by this Tribunal on 24.01.2019 in O.A. No. 601/2018. Though the said report has been filed in O.A. No. 601/2018 which is being separately dealt with, the report being composite, and also covering the present matter, a reference may be made thereto in respect of the present matter.
4. According to status report filed by the SDM, various steps have been taken including initiation of proceedings for recovery of compensation. The summary of the status is mentioned as follows:-
11 " S. No. Particulars No. of Recovery of
Recovery Amount
Cases (in Crores)
1. No. of Recovery 144 44.47 Crore
Certificates sent by
DPCC
2. Recovery Certificates 92 26.07 Crore
returned to DPCC
3. Stay Order/ Review 08 2.51 Crore
Order issued by the
Hon'ble Court(s)
4. Recovery done 01 0.01 Crore
5. No. of pending cases 43 15.00 Crore "
for recovery
5. It is further stated that:-
"In addition to above, it is submitted that in compliance of DPCC Order No.F.DPCC/CMC-VI/NGT/OANo.56 &57/2019 /684-699 dated 26.12.2019, the SDM (Punjabi Bagh) constituted 06 Joint Teams consisting of DPCC, Revenue, MCD, Delhi Police, BSES & DJB officers /personnel vide Office Order dated 27.12.2019 for effective closure & disconnection of power and water supply of such polluting units /polluters in different villages of Sub, Division Punjabi Bagh copy Annexed as ANNEXURE-B. During the said drive, 60 polluted units were sealed and Show Cause Notices were issued to the polluters directly by DPCC on 08.01.2020 with copy to undersigned accordingly."
6. Report of the Chief Secretary Haryana is as follows:-
"Directions have been issued under Section 144 of Cr. P.C. by the District Administration on 19.11.2019 banning burning of garbage, plastic and industrial waste in Bahadurgarh.
The Committee was constituted at District level for checking the burning of plastic in Bahadurgarh with Sub Divisional Officer (Civil), Bahadurgarh as Chairman and Estate Officer of HSVP, Senior Manager of HS/IOC and Executive Officer of Municipal Council (all having jurisdiction over Bahadurgarh) as Members and Regional Officer of HSPCB, Bahadurgarh, as Member Secretary of the Committee.
The Committee was directed to conduct regular inspections at field level and take action against the violators. The Committee was also directed to submit an Action Plan to prevent the illegal plastic burning in the area.
The Committee has been conducting regular inspections and initiating action against the violators following the 12 due procedure. So far 12 cases have been filed for vacating the agricultural land which is being illegally used for segregation of plastic waste. Further, action has been initiated against 58 violators in Bahadurgarh for various violations identified by the Committee. Besides the above actions, closure of 10 units found to be operating on illegal fuel was also taken up and environmental compensation against such violations is also being imposed following the 'Polluter Pays' principle (Annex.-D & E).
An Action Plan has also been prepared by the District Administration for mitigation of pollution in Bahadurgarh and is being implemented throh different stakeholder departments of the State Government."
7. Report of the Haryana State PCB is identical.
8. Report of Oversight Committee filed in O.A. No. 601/2018 is as follows:-
"The land cleared from plastic waste dealers appeared to be not fit for agricultural purpose as it was found with 'malba' of demolished walls and left over plastic lying on the ground. To prevent the misuse of the land other than for agricultural purpose, steps should be taken by the government, if the land is vested in it, or by the owner to make it cultivable and use it only for the permissible purposes. The land now vested in the government can also be under the control of BDOwith clear directions to use it for extending the green cover. This is high time that residents are associated to be 'Eye" and "Ear" of the Revenue authority and Civic Bodies. Each village may have a Committee consisting of respectable persons to keep watch that the village land is not used by owner/occupier for any other purpose except permitted under the law. The villagers can be sensitized by such Committee that any act by them in contravention of law will have the effect of vesting the land in government. A complaint box can be put near the letter box/post office of the village, wherein even an anonymous complaint alongwith photographs of the land being misused, can be put by any one to bring to bring to the notice of the authorities about the violations going on.
The Revenue and Municipal authorities may nominate an official operating in the field, to have the feed back from the residents/villagers on periodical basis and if any illegal activity is noticed/reported immediately bring it to the notice of his superior Officers in writing. For this purpose the authorities may maintain a Register on the pattern of `Roznamcha' maintained in the Police Stations to record any violation brought to the notice by way of written complaint (whether anonymous or otherwise) or by the villager or group of villagers. This 13 should be given due publicity and every year Commendation Certificates can be given to such public persons to acknowledge their contribution in checking the pollution and saving the environment. This may motivate the residents to come forward to report about the polluting activities in the area.
Incidents of fire and the cause of fire can be obtained from the nearby fire station to ascertain whether the incident of plastic burning are happening or have stopped. A meeting between DPCC/CPCB with Fire Department to share the fire incidents related to plastic waste burning which can be put on the website of DPCC/CPCB."
9. Learned counsel for the applicant and some of the applicants in person state that polluting activities are still continuing and damaging the agricultural lands in the area. Whenever action is taken, the polluting activities are shifted from one place to other. We permit the applicants to furnish particulars of such alleged activities to the Haryana State PCB as well as to DPCC.
10. We also find that while action taken has been indicated, the gap in terms of illegal units still existing in the area has not been given. Further, while compensation assessed has been mentioned, steps for recovery of entire amount have not been mentioned. The amount recovered needs to be utilized for restoration in terms of an action plan with the approval of CPCB. The Haryana State PCB and DPCC may file further action taken report before the next date by e- mail at [email protected]."
7. In pursuance of the above, reports have been filed by the Delhi Pollution Control Committee (DPCC) on 31.10.2020, by the North Delhi Municipal Corporation (North DMC) on 09.12.2020 and Haryana State Pollution Control Board (HSPCB) on 03.11.2020 in OA No. 56(THC)/2013 and other connected mattes. A report has also been filed by the Delhi Government on 20.05.2020 in OA No. 601/2018.
8. Report of the DPCC is that investigations were carried out against illegal units in non-conforming areas and compensation was recovered and partly utilized. Directions have been issued to the concerned authorities in the areas to ensure that illegal units are not allowed to operate in non-conforming areas.
149. The report of the North DMC is that the field staff has inspected the areas and they are taking preventive measures to stop illegal burning of plastic. The HSPCB has stated that meetings have been held and illegal PVC market has been demolished.
10. Separate report dated 20.05.2020 has been filed in OA No. 601/2018 on behalf of the Delhi Government, report dated 28.10.2020 by the DPCC, report dated 08.12.2020 by the SDMC and report dated 09.12.2020 by the North DMC. The status report of the DPCC as follows:
" xxx xxx xxx
3. That, in compliance to the order of this Hon'ble Tribunal with regard to imposition of Environmental Damages Compensation, details of the units which were sealed in non-conforming areas in all Phases i.e. Step-1, Step-2 and Step-3 were obtained along with the date of closure and the nature of activity carried out by these units so as to categorise these units into White, Green, Orange and Red category based upon their activity.
The Industry Department/Concerned Municipal Corporation has provided list of 1072 units sealed during Step- I, 711 units sealed during Step-II and 1415 units sealed into during Step-III. Thus, 3198 units were sealed during all three phases by the concerned Municipal Corporation of Delhi. Number of units falling in various categories namely White, Green, Orange and Red are tabulated as given below:
Sr. No Category Number of units 1 Red 53 2 Orange 448 3 Green 799 4 White 1898 Total 3198 4. Taking the pollution potential into consideration,
Environmental Damages Compensation (EDC) of Rs. 2 Lakhs, 5 Lakhs, 20 Lakhs and 50 Lakhs have been imposed on White, Green, Orange and Red Categories respectively. Show Cause Notices were issued to all the 3198 units for imposition of EDC. After issuance of Show Cause Notices, directions for imposition of EDC were issued to all the 3198 units in July 2020 to Sept 2020. The Corporation wise and Step wise details of EDC imposed against the 3198 units are as given below:-
15Name of Step-I Step-II Step-III Total of Step-I, Step-II & Municipal Step-III Corporation No. of No. of Units Total No. of No. of Units Total No. of No. of Total Total No. of Total Units on which amount of Units OD amount of Units Units on amount of No. of Units on amount of EDC is EDC which EDC EDC which EDC Units which EDC imposed imposed (In is imposed imposed EDC is imposed EDC is impose d Lacs) (In Lacs) imposed (In imposed (In Lacs) Lacs) East DMC 274 274 890 127 127 254 494 494 3394 895 895 4538 North 690 690 4869 360 360 1602 617 617 4840 1667 1667 11311 DMC South 108 108 357 210 210 1020 304 304 2111 622 622 3488 DMC Delhi 0 0 0 12 12 60 0 0 0 12 12 60 Cantt Board New Delhi 0 0 0 2 2 4 0 0 0 2 2 4 MC Grand 1072 1072 6116 711 711 2940 1415 1415 10345 3198 3198 19401 Total
5. Many units had mentioned their inability or delay in depositing the EDC due to Covid- 19 Pandemic and low economic activity during last few months since March 2020. They have also mentioned that unprecedented health crisis and emergency coupled with steep downfall in the revenue earning due to lockdown which has brought down the economic activities to the lowest level. Till date, only 13 units had deposited EDC.
6. All three Municipal Corporations (i.e. EDMC, SDMC & NDMC) were requested to provide bank details etc. of all units sealed in Step-I, Step-II & Step-III as these units have to file property tax etc. to the concerned Municipal Corporations so that coercive action of attachment of bank account of the units may be taken in case of their failure to deposit EDC. In this regard, reminder letters to Municipal Corporations were issued on 23.10.2020 (Copies of letters dated 23.10.2020 are enclosed herewith and annexed at Annexure-
2 (Cully)).
7. Recovery certificate are being issued to the Concerned Revenue Officials to recover the amount as arrears of land revenue in due course from the units which have not deposited Environmental Damages Compensation (EDC)."
11. The report of the SDMC is on same pattern as follows:
4. That the sealing action taken in respect of illegal units under Step- 1 was completed by 26.11.2018 and status report is as under:
Step-I Total units Found vacant/ Units found running NO. of units (To whom plots closed during which closed after sealed were allotted) survey Show Cause Notice 16 4961 3841 913 207 (160+47 *) *47 sealed later during re-inspection in 2019
5. It is submitted that a number of 91 units, under Step-1, were reported to be working and such a re-survey was conducted in July 2019 and 47 units which were found to be running in violation, were sealed. Again a survey in most of the units was carried out by the Constituted Joint Teams w.e.f. July to October 2020 wherein no illegal activity was found. Inspection report, and photographs obtained during the course of inspections/survey have been prepared by concerned Zonal Inspection Teams of SDMC. Some of the photographs/ inspection reports, as an illustration /samples are being filed herewith as Annexure-A2 (Colly) while undertaking to produce the same before the Hon'ble Tribunal, if so directed.
6. That in respect of Step-11, the industrial units which applied for industrial plots but were rejected or surrendered, these units were closed down as submitted earlier by 30.01.2019 and the details are being filed as below:
Step-II Total units Found vacant/closed/ Sealed (Found no Re-Development (Applicants Permitted use during Change in sealed industrial area and Rejectees survey status in resurvey) in Relocation scheme) 7275 6081 258 936
7. However, some units were reported working inspite of being sealed. Accordingly, the re-survey was carried out during the period of June-October 2020 by the Special Constituted Teams. The photographs taken by the Inspecting Teams are filed as illustration at Annexure A-3. However, the units under Step-11 are lying closed/sealed/vacated. The record of such units is being maintained by the Corporation and shall be produced before Hon'ble NGT as and when so directed.
8. It is submitted that aforementioned 936 units fall within the the jurisdiction of Re-development Industrial Area and vest with DSIIDC and are governed by Delhi Industrial Development Operation & Maintenance Act, 2010. As per the stand taken by DSIIDC, Delhi Government, the Hon'ble Supreme Court which is seized of the matter related to Re-development Industrial areas, that these units are not required to be sealed. In view of this, no action at present is required to be undertaken in respect of Step-1 & II units by answering Respondent. However, the Answering Respondent will take further action if violation is detected in future.
9. That in respect of Step-Ill, periodical survey and inspections are being carried out by the Zonal Inspection Teams constituted for this purpose, on regular basis and is an ongoing process. However, it is further submitted that survey in respect of left out illegal industrial 17 units in the area of Matiala, Kakrola and Nasirpur was carried out during the period Jan-Feb 2020 and again during October November 2020 by Zonal inspection teams. During this survey, 212 premises were surveyed out of which 27 illegal units were sealed by SDMC.
As on date, a number of 6034 units were identified under Step-Ill out of which 3610 were closed after issue of Show Cause Notice and 377 illegal industries were sealed, which failed to close their trade on their own. A number of 1079 have applied for household license being non-polluted industry.
Besides the above, 580 units fall under Re-development Industrial area of west Zone and in 388 units of Basai Darapur, wherein, the Hon'ble High Court has granted stay order against coercive action vide order dated 04.03.2020 in WP C No. 2522/2020. Brief of above is provided in the table given below:
10. Apart from this, under House Hold Scheme, 1860 number of applications have been received which includes 1079 units of StepIll also. Out of which 398 number of applications have been approved and 1237 number of applications have been rejected as per the following details. The Closure action on 1237 units is initiated already and shall be completed before 31st December. However, it is pertinent to mention that these Household Units are carrying out non-polluting activities of 121 trades specified in Category A & A-1 of MPD-2021 (Annexure A-4). Most of the Household applications were rejected to the nonfulfilling requisite parameters envisaged in the policy and eligibility criteria given in MPD-2021 Chaper-7.
11. That strict vigilance will be maintained by the Answering Respondent, SDMC through the Special joint inspection teams constituted by Dy. Commissioners of Zones, with respect to compliance of the closure of polluting units in residential and nonconforming areas falling under the jurisdiction of SDMC in accordance to the orders passed by the Hon'ble Supreme Court and Hon'ble National Green Tribunal."
12. Report of the North DMC is as follows:
"3. That the inspection and survey of the industrial units is an ongoing process which is being carried out by the Answering Respondents on regular basis. However, the competent authority has constituted Special Zonal Inspection Team (SZIT) comprise of Zonal Licensing Officials, Rent Collector Engineers, BSES officials, DJB officials and Police Officials (For sensitive areas), inspected the industrial units in question falling under Step-I, Step-II & Step-Ill of such units and to take appropriate action in accordance with the law and as per directions of Hon'ble NGT dated 19.11.2019. Copies of the orders passed from time to time are filed as Annexure A-1 (Colly).
4. That the sealing action taken in respect of illegal units under Step-I was completed by 26.11.2018 and position of Step-I units were as under:18
S. Total Step-1 Units Closed/Found No. of Units Action No data Vacant Sealed Taken Units 1 12294 11604 690 12294
5. A re-survey of above said units was carried out by the Constituted Special Zonal Inspection Team w.e.f. July 2020 to October 2020 wherein no illegal activity was found as noticed on 26.11.2018. During the inspection/ survey photographs of sealed/ closed/ vacant units were taken and some of the photographs of such units annexed herewith as Annexure-A2 (Colly) while undertaking to produce the same before the Hon'ble Tribunal, if so directed.
6. That in respect of Step-II units i.e. the industrial units applied for industrial plots but were rejected or surrendered, it is intimated that these units were closed down/ sealed as submitted earlier by 30.01.2019 as under:-
Step-II S. Total No. of No of Units allowed Units operating Total No. of Actual No units falling in to shift/vacate from industrial Units already units jurisdiction industrial activity clusters notified closed/ not sealed during the drive of for re- found in closure (during development operating step-II 26.1,1.2018 to under chapter during the 04.02.2019) 7.6 of MPD-2021 drive of closure.1 15974 5256 2349 8009 360
7. A re-survey of above said units was carried out by the Constituted Special Zonal Inspection Team w.e.f. July 2020 to October 2020 wherein no illegal activity was found as noticed on 30.01.2019. It is submitted that aforementioned 2349 units fall within the jurisdiction of Re-development Industrial Area and vests with DSIIDC and are governed by Delhi Industrial Development Operation & Maintenance Act, 2010. As per the stand taken by DSIIDC, Delhi Government, the Hon'ble Supreme Court is ceased of the matter related to Re-development Industrial areas and these units are not required to be sealed.
8. It is pertinent to mention here that some units were reported working inspite of being sealed. Hence, the re-survey was carried out during the period of June2020 to October 2020 by the Special Zonal Inspection Team and found that no unit found running after sealed earlier. During the inspection/ survey under Step-II, photographs of sealed/ closed/ vacant units were taken and some of the photographs of such units with date annexed herewith as Annexure-A3 (Colly) while undertaking to produce the same before the Hon'ble Tribunal, if so directed.
9. As per the survey report, the Step-II units are still lying closed/sealed/vacated (Record). The record of such units is being maintained by the Corporation and shall be produced before Hon'ble NGT as and when directed.19
10. That in respect of Step-III, periodical survey and inspections have been carried out by the Special Zonal Inspection Team constituted for this purpose, on regular basis from July 2020 to October 2020 and is it is an ongoing process. The details of Step-III survey:
Step-III Sr. Description No of units Remarks No. 1 Total illegal units found 5757 -
2 Units closed after Notice 4640 -
3 Units applied 500 Small Household Under Household License units (Non Polluting) 4 Illegal units sealed 617 -
During the inspection/ survey under Ste-III, photographs of sealed/ closed/ vacant units were taken and some of the photographs of such units with date annexed herewith as Annexure-A4 (Colly) while undertaking to pr duce the same before the Hon'ble Tribunal, if so directed.
11. Apart from this, under House Hold Scheme, 1148 number of applications have been received under which the above mentioned 500 Household units of Step-III also included. The present status of Household units is as under:-
Total No. of Total No. Total No. of Total No. of Household of Household Household Household applications applications applications applications in rejected Approved process 1148 1043 04 101
12. Out of total 1148 Household applications, 04 numbers of applications have been approved and 1043 number of applications has already been rejected. The Closure action on 1043 units is initiated already and shall be completed before 31st December 2020. However, it is pertinent to mention that these Household Units are carrying out non-polluting activities of 121 trades specified in Category A & A-1 of MPD*2021 (List Annexure A-5). Most of the Household applications were rejected due to non-fulfilling of the requisite parameters envisaged in the policy and eligibility criteria given in MPD-2021 Chapter-7.
13. That strict vigilant watch will be maintained by the Answering Respondent, North DMC through the Special Zonal Inspection Team constituted by Dy. Commissioners of Zones, with respect to compliance of the closure of polluting/ illegal units in residential and non-conforming areas falling under the jurisdiction of North DMC in accordance to the orders passed by the Hon'ble Supreme Court and Hon'ble National Green Tribunal."20
13. The matter having been monitored before this Tribunal for more than seven years, we do not find it necessary to keep the matter pending for indefinite period. It is for the statutory authorities to continue further steps for enforcement of environmental norms as per law. In view of order dated 20.3.2020, disposing of the final report of the OC headed by Justice Pratibha Rani, former Judge, Delhi High Court, further monitoring will be in terms of order of the Hon'ble Supreme Court in M.C. Mehta (supra), by the Chief Secretary, Delhi.
14. Accordingly, we close the proceedings with hope and expectation that the concerned authorities will take necessary steps for maintaining environmental norms. There has to be continuous vigil against causing of pollution, particularly burning of plastic and other waste for protection of environment and public health. The amount of compensation recovered must be properly utilized for legitimate purpose with the approval of the CPCB, as already directed. If there is any violation of environmental norms, the aggrieved party will be free to take remedies as per law, as and when necessary.
All the applications will accordingly stand disposed of. Pending IAs/MAs will also stand disposed of.
Adarsh Kumar Goel, CP Sheo Kumar Singh, JM Dr. Nagin Nanda, EM December 10, 2020 Original Application No. 56(THC)/2013 with other connected matters DV 21