National Green Tribunal
D S Kataria And Ors vs Govt. Of Nct Of Delhi & Ors on 15 March, 2023
Item No. 10 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 517/2022
D S Kataria & Ors. ...Applicants
Versus
Govt. of NCT of Delhi & Ors. ...Respondents
Date of hearing: 15.03.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: Mr. Natender Kumar Verma, Advocate and Mr. D.S.
Kataria in person.
Respondents: Mr. Virendra Singh, Advocate for Respondent No. 3.
Mr. Balendu Shekhar and Sriansh Prakash, Advocates
for Respondent No. 4.
None for Respondents No. 1, 2 and 5.
Application is registered based on a letter petition received by Post.
ORDER
1. The grievance in the application is regarding pollution caused by continuous heavy vehicular movement by all sorts of vehicles day and night on residential area approach road, which is being used as National Highway, due to presence of goods godowns, big cargo stores, ware houses in Dangpuri Dahali area causing serious health hazards to residents of Sector E- 2 and Sector E-1, Vasant Kunj, New Delhi. The applicant has further submitted that building/construction material is being dumped on vacant land adjacent to Sector E-2 on the southern side of society. The activity of loading and unloading of dumpers goes on day and night causing air and noise pollution making life of the residents of the society miserable.
O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi -2-
2. Vide order dated 08.09.2022, this Tribunal constituted a Joint Committee with direction to submit its report within one month.
3. In compliance of order dated 08.09.2022, report of the Joint Committee was filed by the DPCC vide email dated 26.12.2022.
4. Vide order dated 06.01.2023, notices were ordered to be issued to the respondents thereby impleaded and specified.
5. As per office report, notices have been duly served. None has appeared for Respondents No. 1, 2 and 5.
6. Learned Counsel for Respondents No. 3 and 4 seek time to file their reply/response.
7. Reply/response by the Respondents No. 3 and 4 be filed within six weeks by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF.
8. List for further consideration on 30.05.2023.
9. In the facts and circumstances of the case, we also consider presence of Officer duly instructed/authorized by the Vice Chairman, DDA and the Deputy Commissioner (South West), Delhi through VC before this Tribunal on the date fixed to be essential for assisting this Tribunal in just and proper adjudication of the questions involved in the case and accordingly, they are directed to remain present before this Tribunal on the date fixed.
10. It is clarified that in case of non-appearance of such duly instructed/authorized Officers, the Vice Chairman, DDA and the Deputy O. A. No. 517/2022 D S Kataria & Ors. Vs. Govt. of NCT of Delhi -3- Commissioner (South West), Delhi may be directed to appear on the next date of hearing and also to pay exemplary costs.
11. A copy of this order be sent to the Vice Chairman, DDA and the Deputy Commissioner (South West), Delhi by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM March 15, 2023 AVT