National Green Tribunal
Ganesh Prasad vs Govt. Of Nct Of Delhi on 13 October, 2022
Item No.03 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No.440/2022
Ganesh Prasad ...Applicant
Versus
Govt. of NCT of Delhi ...Respondent
Date of hearing: 13.10.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None.
Respondent: Mr. Balendu Shekhar, Adovcate for DPCC
Application is registered based on a Letter Petition received by Post.
ORDER
1. The grievance in the present letter petition, which has been treated and registered as original application, is against running of Reverse Osmosis Water Purification Plant by Pradeep Gujar at R-2/4, Sitapuri near Dabri Mor illegally without obtaining requisite permission and thereby causing of depletion of ground water with consequent environmental degradation. The applicant has submitted that he made complaints to the Police Department but the Police colluded with the Project Proponent and did not take any action. On the other hand, the Police disclosed his name and address due to which the Project Proponent and his brother Aman Gujar, who have links with the local gangsters, are intimidating him.
2. Vide order dated 19.07.2022, this Tribunal constituted a Joint Committee comprising of the State Ground Water Authority, Delhi Jal Board, DPCC and Deputy Commissioner (South West) Delhi and directed the same O. A. No. 440/2022 Ganesh Prasad Vs. Govt. of NCT of Delhi -2- to submit factual and action taken report within two months.
3. The report of the Joint Committee has been filed by Mr. Ajeeta Dayal Agrawal, Sr. Environmental Engineer, DPCC vide email dated 10.10.2022. The relevant part of the report of the Joint Committee is reproduced below:-
"STATUS REPORT ON BEHALF OF DELHI POLLUTION CONTROL COMMITTEE WITH RESPECT TO ORDER DATED 19.07.2022. IT IS MOST RESPECTFULLY SHOWETH:
1. That, this Hon'ble Tribunal vide its order dated 19.07.2022 pleased to constitute a Joint Committee comprising of State Ground Water Authority, Delhi Jal Board, DPCC and Deputy Commissioner (South West) Delhi. Further, a factual and action taken report was also sought in the matter.
2. That Sh. Ganesh Prasad has filed a complaint before this Hon'ble Tribunal against running of Reverse Osmosis Water Purification Plant by Pradeep Gujar at R-2/4, Sitapuri near Dabri Mor without obtaining requisite permission.
3. That, in Delhi there is no State Ground Water Authority, so far, hence in place of State Ground Water Authority, Central Ground Water Authority was co-opted in the joint inspection team by DPCC, being nodal agency for coordination and compliance.
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, DPCC and Deputy Commissioner (South-
West) Delhi carried out an inspection of the site on 27.09.2022 and following are the observations of team:
No RO Plant was existing at R-2/4, Sitapuri near Dabri Mor. The Applicant/ Complainant Sh. Ganesh Prasad was contacted by the joint team on his mobile no. 9971273574 (As mentioned in the complaint). He informed the Joint Committee that his name is "Ganesh" not "Ganesh Prasad" and he had not lodged any complaint regarding the illegal RO Plant.
Copy of the inspection report dated 27.09.2022 is enclosed herewith as ANNEXURE-1.
5. In view of the joint team findings, no action is required to be taken at this juncture."
4. In view of the observations made in the report of the Joint Committee that Mr. Ganesh did not make any complaint to this Tribunal and no RO O. A. No. 440/2022 Ganesh Prasad Vs. Govt. of NCT of Delhi -3- Plant existed at the site, no action by this Tribunal on the present application is warranted and the application is disposed of accordingly.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM October, 13, 2022 AG