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Tribunals and CommissionsDivision Bench(2023) 10 NGT CK 0009

Atul Handa & Anr vs Govt. Of NCT of Delhi

National Green Tribunal · Decided on 3 October 2023

HON’BLE JUDGES
Prakash Shrivastava, CP · Dr. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 555 Of 2023

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Judgment

5 paragraphs · 352 words
1.

This Original Application has been registered on the basis of the letter petition dated 13.06.2023 received from one Atul Handa making a complaint regarding illegal acid dealing and distribution from the shop in the residential area in Chuna Mandi, Paharganj. As per the allegation, this shop is openly filling containers with acid on the road side and distributing it through the vans by keeping the drums open on the road side. It is alleged that due to this activity, regularly acid fumes are present in the air and are effecting the health of the residents of the local area. The area is stated to be a densely populated area and the nearby people are said to be having difficulty in breathing.

2.

We are of the view that the letter petition involve substantial question of law relating to environment and compliance of the provisions of the Scheduled Enactments.

3.

Hence, at this stage, we deem it proper to constitute a joint Committee comprising of the officer nominated by the Member Secretary, DPCC and the District Magistrate, New Delhi. The joint Committee will visit the spot after giving notice to the person against whom the complaint has been made and the report of the joint Committee will be duly considered by the DPCC by following the principles of ‘Natural Justice’ and if any violation of the Environmental Laws is found, then the competent authority will take remedial action in accordance with law. Considering the nature of allegation on handling of acid, the Committee may also look into siting aspect and Manufacture, Storage and Import of Hazardous Chemical Rules, 1989. The action taken report/compliance report will be submitted before the Registrar of the Tribunal within three months by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF and if found necessary, the matter will be listed for consideration before the Court.

4.

The original application is accordingly disposed of.

5.

A copy of this order be forwarded to Member Secretary, DPCC and the District Magistrate, New Delhi by e-mail for compliance.