National Green Tribunal
Jangpura Extension Residents Forum Rwa vs Govt Of Nct Of Delhi on 2 July, 2024
Item No. 12 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 678/2023
(IA No 250/2024)
Jangpura Extension Residents Forum RWA Applicant
Versus
Govt of NCT of Delhi & Ors. Respondent(s)
Date of hearing: 02.07.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Nipun Bhushan, Adv.
Respondent: Ms. Puja Kalra & Mr. Virendra Singh, Advs. with Mr. Rahul Saraswat, EE
& Mr. Mahipal, AE for MCD
Mr. Balendu Shekhar, Adv. for DPCC (Through VC)
ORDER
1. In this original application, Applicant has raised the grievance in respect of three mismanaged community waste storage bins referred as dhalao situated in Block H, D and P/Q of Jangpura Extension, New Delhi. Applicant has alleged that the problem of toxic/smelly gases is being created on account of the mismanagement of the dhalao.
2. On the previous date i.e. on 18.03.2024, a submission was made by the Counsel for the Municipal Corporation of Delhi (MCD) that in these dhalaos, Fixed Compactor Transfer Stations (FCTS) will be set up within a time bound manner within 60 days and the prayer was allowed by the Tribunal by recording as under:
"xxx ..................................xxx........................................xxx
5. Learned Counsel appearing for the MCD has submitted that in this dhalaos compact transfer stations will be set up within a time-1
bound manner for this MCD be granted 60 days time from today. Prayer is allowed.
6. Photographs which are enclosed along with the objections dated 03.03.2024 filed by the applicant reveal that household garbage is lying scattered in these dhalaos, meaning thereby there is violation of norms not only by the individual household but also by the MCD. Hence, if the needful is not done by the MCD within a period of 60 days, DPCC will carry out the inspection of all the three dhalaos on 61st day from today and if any violation is found, DPCC will take appropriate action expeditiously for imposition of environmental compensation on the MCD."
3. The 60 days period mentioned in above order has expired on 17.05.2024. Admittedly, in terms of the statement which was made before the Tribunal, the FCTSs have not been set up in the said dhalaos.
4. IA No. 250/2024 has been filed by the MCD on 28.05.2024 after the expiry of the said 60 days period. In the IA, there is a prayer for extension of time to the MCD for installation of new FCTS at alternative place i.e. Pant Nagar dhalao side near the nala.
5. We have heard learned Counsel for MCD and the Counsel for Applicant and other parties on the said application. Learned Counsel for the MCD from the application and after interacting with the Officers present in the court could not point out as to how much extension of time is needed for acting upon the statement which was made before the Tribunal on the previous date or to set up new FCTS at the alternative place. We have asked the learned Counsel for the MCD as to on whose instructions the statement which was recorded in paragraph 5 of the order dated 18.03.2024 was made before the Tribunal. Learned Counsel for the MCD has informed that the said statement was recorded on the basis of the instructions given by Mr. P.K. Rastogi, Executive Engineer, Central Zone, MCD.
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6. On perusal of the IA, we find that now there is a complete change in the stand of the MCD and a vague plea has been raised that the concessionaire agreement of the previous concessionaire company has expired which was extended initially for a period of one year.
7. It is not in dispute that the one year extended period of the old concessionaire had expired on 18.11.2023. Though, a stand has been taken that the earlier concessionaire has been asked to perform the work for the further period of one year after 18.11.2023, but no supporting clause of the agreement has been disclosed. We also find that though a stand has been taken that the new concessionaire M/s AG Enviro Infra Project Limited has been shortlisted but the stand in paragraph 22 of the IA reveals that the award of contract to the new concessionaire is in the realm of uncertainty. Paragraph 22 of the IA states as under:
"22. That 4 to 6 weeks times is required for calling of tender and further award of work to the successful bidder. Thereafter, minimum 03 months time is required for construction of civil structure by the successful bidder after Start of works. After completion of the civil structure, required machinery of the FCTS shall be installed by the concessionaire as and when new concessionaire is awarded the work of Collection and Transportation work of MSW of Central Zone and started providing services in Central Zone, which is subject to formation of standing committee of MCD i.e. Competent Authority to approve the rates/ agency of work costing approximate 1137.98 crore."
8. The above paragraph very vaguely states that the FCTS will be installed by the concessionaire "as and when the new concessionaire is awarded the work of Collection and Transportation work of MSW". It further states that such award is "subject to formation of standing committee of MCD i.e. Competent Authority to approve the rates/ agency of work costing approximate 1137.98 crore". Hence, when the action of installation of the FCTS will be completed lies in uncertainty as there is no clear timeline disclosed in the IA.
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9. We also find that nothing material has been pointed out to show that any change in circumstances has taken place after 18.03.2024 when a statement was made on instructions from the Executive Engineer that the dhalao FCTSs will be set up within a time bound period of 60 days. We strongly deprecate such a practice of making statement before the Tribunal without properly verifying the fact. The Commissioner, MCD is directed to call for an explanation from the Executive Engineer for making such a misleading statement before the Tribunal. If the Commissioner, MCD finds that a deliberate attempt was made by the Executive Engineer to mislead the Tribunal, then appropriate action will be taken against the said Executive Engineer.
10. In the IA from paragraph 23 onwards, the MCD has stated certain steps taken for improvement of MSW services. Learned Counsel appearing for the Applicant has disputed it by submitting that there is no improvement in the condition of dhalaos in question and that only the beautification of these dhalaos from outside has been done and the foul smell is still emitting. He has submitted that these dhalaos are next to the public park and near the two higher secondary schools, hence the health of the children going to those schools is also affected. We give an opportunity to Counsel for the Applicant to place on record all the relevant material disclosing the conditions of the dhalaos as also to file the response to the IA.
11. Status/action taken report dated 27.06.2024 has been filed by the DPCC. The said report is based upon the inspection which was done on 17.05.2024. Therefore, the observations made therein relate to the condition of the dhalao which was existing only on the date of the inspection.
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12. It will be open to the Counsel for the Applicant to file response to the report of DPCC at least one week before the next date of hearing.
13. List on 18.09.2024.
Prakash Shrivastava, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 02, 2024 Original Application No. 678/2023 (IA No 250/2024) DV 5