Tribunals and CommissionsFull Bench(2021) 09 NGT CK 0025

Centre for Holistic Development-CHD vs Govt. of NCT of Delhi & Ors

National Green Tribunal · Decided on 21 September 2021

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Brijesh Sethi, JM · Dr. Nagin Nanda, EM
RESULT
Disposed Of
CASE NUMBER
Execution Application No. 26 Of 2021 In Original Application No. 50 Of 2021

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Judgment

5 paragraphs · 403 words
1.

This application seeks execution of order dated 03.03.2021 in O.A. No. 50/2021, Centre for Holistic Development-CHD v. Govt. of NCT of Delhi & Ors. By the said order the Tribunal directed compliance of judgment of  Hon'ble Supreme Court in M.C. Mehta v. Union of India(2004) 6 SCC 625, prohibiting operation of industries in residential areas and constituting a Committee for compliance, headed by the Chief Secretary Delhi. The Tribunal also referred to its earlier order dated 10.12.2020 in a group of matters on the subject being OA No. 56(THC)/2013, Satish Kumar v. Union of India, OA No. 57(THC)/2013, Mahavir Singh v. Union of India & Ors., OA No. 1027/2018, Satish Kumar v. Union of India & Ors., OA No. 726/2017, Chattar Singh Rachhoya v. North Delhi Municipal Corporation & Ors., OA No. 435/2016, N. S. Yadav & Ors. v. Commissioner, North MCD & Ors., OA No. 1029/2018, Chanakya Place Residents Welfare Association v. Govt. of NCT of Delhi & Ors., EA No. 47/2018, Rajeev Kumar v. Central Pollution Control Board & Ors., OA No. 601/2018, in the matter of news articles by Mayank Manohar & Paras Singh, Reporter Times of India v. Govt. of NCT of Delhi & Ors. Finally it was directed :-

"1to3...xxx............................xxx...........................................xxx

4.

In view of above, the entire matter having been crystalized in the manner mentioned above requiring the Chief Secretary, Delhi to conduct further monitoring as per directions of the Hon'ble Supreme Court by ensuring continuous vigil against pollution by illegal industrial activities in industrial areas, issue raised is only of compliance which has to be looked into by the Chief Secretary, Delhi in the light of order already passed, considering the grievances now raised by the applicant."

2.

The application has been filed under Sections 25, 26 and 28 of the National Green Tribunal Act, 2010. As regards Sections 26 and 28 are concerned, the matter falls in jurisdiction of the area Judicial Magistrate and is not maintainable before this Tribunal. As regards the prayer under Section 25, no allegedly violating party has been impleaded. There is no further development after the last order and no additional material has been placed on record. None appears for the applicant. In these circumstances, the Hon'ble Supreme Court and the Tribunal having already issued directions, the applicant has to take up the matter, with relevant particulars, with the concerned Authorities in the first instance.

The application is disposed of.