A Lal vs Govt. of NCT of Delhi

This Original Application under Sections 14 and 15 of National Green Tribunal Act, 2010 has been registered on a letter petition dated 23.01.2023 received from Mr. A. Lal, resident of Gali no. 8, B-Block, Rajbir Colony, Gharoli Extension, Delhi.

The grievance raised is that at the residence owned by Mr. Deepak Chauhan, Gali no. 8, B-Block, Rajbir Colony, Gharoli Extension, Delhi, there is an industrial unit running, causing noise pollution and unbearable vibrations so as to cause damage to the property and also creating health hazards to the local residents. It is said that in the residential areas, industrial activities are not permissible and, therefore, the said unit should be sealed/closed.

Supreme Court in M.C. Mehta vs. UoI & Ors., (2004) 6 SCC 588 directed shifting/closing of industrial activities operating in violation of Master Plan of Delhi. Monitoring mechanism was laid down therein as follows:

“69 (8) We appoint a Monitoring Committee comprising: (i) Chief Secretary of Delhi, (ii) Commissioner of Police, Delhi, (iii) Commissioner, Municipal Corporation of Delhi, and (iv) Vice Chairman of the Delhi Development Authority. This Committee would be responsible for stoppage of illegal industrial activity. It would, however, be open to the aforesaid members of the Monitoring Committee. to appoint responsible officers subordinate to them to oversee and ensure compliance with the directions contained in the judgment.”

The matter was also dealt with by this Tribunal vide order dated 10.12.2020 in Satish Kumar vs. UoI & Ors., OA No. 56(THC)/2013 and a group of matters about unauthorized operation of industrial units in residential areas or in compliance of environmental norms. Tribunal noted that Chief Secretary, Delhi was to head the Committee for enforcement of judgement of Supreme Court. Accordingly, Chief Secretary was required to  be  present  before  this  Tribunal  on  19.11.2019  and  inadequacy  of compliance was brought to his notice. Time bound action plan was directed to be prepared and executed. Tribunal also considered report of Delhi Pollution Control Committee (hereinafter referred to as ‘DPCC’) to the effect that investigations of illegal units in non-performing areas were carried out. Municipal Corporation also took a similar stand. Tribunal finally disposed of the matter with following observations:

“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.

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.”

In view of above, Monitoring Committee appointed by Supreme Court may look into the matter in co-ordination with other concerned authorities, including Central Pollution Control Board and DPCC to take appropriate action in accordance with law within two months.

The application is accordingly disposed of.

A copy of this order be forwarded to Chief Secretary, Delhi Government, CPCB and DPCC by e-mail for compliance.