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Judgment
Grievance in this application is against operation of ‘red’ category industries in Delhi, in violation of judgement of Hon’ble Supreme Court in M.C Mehta v. UoI (2004) 6 SCC 588.
According to the applicant, number of polluting industries are illegally operating in Delhi in residential areas such as electroplating, chrome, nickel and copper production generate large amount of wastewater in the process of washing plant and equipment, cooling etc.
Vide order dated 08.04.2022, the Tribunal permitted amendment for impleading necessary parities. I.A No. 96/2022 has been filed for amendment so as to add respondents 08 to 54 as parties namely; -
“8. NEW VENUS ICE CREAM FACTORY
F-2/27 MAIN VIJA Y CHOWK ROAD
KRISHNA NA GAR DELHI-110051
Application id- 6046300
New Venus Ice Cream Factory
F-2/27 Main Vijay Chowk Road
Krishna Nagar Delhi-110051
application Id- 6046300
Amar Bakery
531, Bara Bazar, Bhola Nath Nagar,
Shahdara Delhi-110032
Application Id -483 964 7
Mohan Bakers and Confectioners
6/67, Geeta Colony, Delhi-110031
Application Id- 4499191
Shri Bihari Enterprises
Plot No. 3-D, Kamla Nagar,
Delhi-110007, Application Id- 1404941
Harish Pastry Shop
70-C/2/2a, Old Tea Mill Road,
Bhola Nath Nagar, Shahdara,
Delhi-110032,
Application Id- 5035922
Krishna Ice Cream ' '
E 5/25 Krishna Nagar,
New Delhi-110051
Application Id- 2080997
Khushnooda Khatoon
4 7 And 48 Rani Garden, Shastri
Nagar Delhi 110031
Application Id 6674418
Mewa Biscuit (Mr Bakers)
28/31, Vishwas Nagar,
Delhi- 110032
Application Id- 5411137
Snack Hits
Property N o.469 (Half Undivided
In (468-469)), Jheel Khurenja,
Delhi-110051,
Application Id- 4739429
Madan Pal
Plot No-5, Kh. No-10/16/1 & 9/20
Gali No.3, Jawahar Nagar,
Industrial Area Johripur,
Delhi-1100 94.
Application Id -62507 64
Paras Impex
S2 l, Zalim Moholla, Tughlakabad
Village, New Delhi 110044.
Application Id- 4527535
MIS Sonam Bakers and Daily
Fresh! 1, Khureji I<has, Main Parwana
Road, Delhi-110051.
Application ld- 4907911
Shyam Bakery •
2/6 Geeta Colony Delhi 110031.
Application Id -6097113
Parasnath Sweets And Namkeen
468-469, Jheel Khurenja, Delhi-110051.
Application Id- 4908146
Nida Golden
E-16, Parwana Road, New
Govind Pura, Delhi-1100 51
Application Id- 5369948
New Samrat Bakers
Shop No.13, Mall Road, Baba Bhadur,
Marg, Kingsway Camp, Delhi-I I 0009
Application Id- 1267407
Gulshan Bakery
14/391, 14 Block Trilokpuri
Delhi-110091
Application Id 6102798
Mother Pride Ice Cream
H-No-49 C, Kh No-507. Old
Roshanpura, Najafgarh,
New Delhi-110043.
Application Id- 243751
Diamond Ice Cream
6c, Kh No-507, Old Roshan Pura,
Najafgarh, Delhi 110043
Application Id-243315
(Red Category)
Rajinder Motor Workshop
Plot no. 46, D.D.A Shopping Complex
Zamrudpur New Delhi
Application Id no. 397712
Wings M.P ATTA
5/1, P no. 1, B,No -5, Subhash Gali
Vishwas N agar, Shahdara Delhi (Pandav Road).
Delhi -110032
Dr. Jha Multispeciality Dental Clinic And Implant Centre
B-861, Shivaji/ Church
Wali Gali New Ashok Nagar Delhi110096,
Application Id -41944
Dermaheal Skin And Hair Clinic •
C-712, Second Floor, Palam Extension,
Sector 7 Dwarka New D~lhi-110075
Application Id 98851
Jain Dental Care
Main Road, Buwasan, Opp. SBI Bank,
New Delhi-110061
Application Id-170714
Star Dental Centre Pvt Ltd, Clove Dental
C-4 Safdarjang Development Area,
Opp lIT Delhi,
Application Id-204881
Bhatnagar's Advanced Dental Care
1498/1, Outram Lines, Opp. Bbm (Dtc) Depot,
Delhi-110009
Application Id- 224114 .
Atharv Dental Care
Gf-16, Plot No.16, Shivaji Enclave,
Near Mother Dairy,
New Delhi-110027
Application Id-235311
Dr. G.K1 Agarwal
Ba-21a, Ashok Vihar Phase-I.
New Delhi-110052
Application Id-274044
Dr. Vasudeva Clinic
B-79, B.K. Dutt Colony, Near Karbala Market,
Lodhi Road New Delhi
Application Id-317794
Jai Mahaveer Facilities
Gah No 16 Bhalswa Dairy Samaipur
Delhi 1100421.
Application Id-400380
Prakash Clinic
Rz-A-337, Khasra No. 83/20,
Nihal Vihar, Nangloi
Delhi -110041
Application Id-420948
Star Dental Centre Pvt Ltd
G 44, Lajpat Nagar Ii,
New Delhi 110024
Application Id-830122
Dental World
449, DDA SFS Flats, Pocket-I, Sector-22,
Dwarka, New Delhi-11007 5
Application Id-861224
Mediworld Healthcare Centre
201 Lower Ground Floor, Sukhdev Vihar,
New Delhi-110025
Application Id-1202660
Intellectual Property Office
(Baudhik Sampada Bhawan)
Plot No. 32, Sector-14, Dwarka, New Delhi
Application Id-643474
Dutt Health Clinic
H.No.281, Shahabad Mohammad Pur,
New Delhi-110061
Application Id-1481421
Skin Clinic
Kaushik Enclave B.R.T Corridor, Opp, Birla Vidya Niketan.
Madangir Village, New Delhi-110062
Application Id-434091
Dr. Amar Nath Rajput Medical Centre
38, Rashid Market, Krishna Nagar•,
Delhi-110051.
Application Id-450537
Dr. R.P Clinic
10519/1 Gali No 4 Motia Khan,
New Delhi-110055
Application Id-572020
Star Dental Centre Pvt Ltd
G 44, Lajpat Nagar Ii,.
New Delhi 110024
Application Id-201561
Dr Tamar's Multispeciality Dental Clinic
C-79, West Vinod Nagar, I.P.Extn
Narwana Road, Delhi-110092
Application Id-458231
Pr Dental Clinic
3399, Mahindra Park,
Rani Bagh, New Delhi-110034
Application Id-1138498
Water Plants
8-483 Gali-4/6 25 Feet Road Indra Vihar Delhi-110094
Application Id-1057574
Mediworld Healthcare Centre
201 Lower Ground Floor, Sukhdev Vihar,
New Delhi-110025
Application Id-1492 73
Life Care X-Ray Lab
Wz-260c, Main Najafgarh Road,
Opp. Metro Pillar No.670,
Uttam Nagar, New Delhi-110059
Application Id-772873
Acharya Tulsi Diabetes Research Foundation
Bhawan Kunj, Behind Sector-D,
Pkt-2, Vasant Kunj New.Delhi
Application Id-791688”
The names of the parties sought to be impleaded show that the said industries are ice cream related, medical facilities, bakeries etc. and not the category described by the applicant as ‘red’ category such as electroplating etc. In the representation annexed as Annexure A-10 to the application, the applicant itself has described the said industries to be ‘green’ or ‘orange’ category. Thus, the stand of the applicant is self-contradictory.
Further, we note that in the judgment of the Hon’ble Supreme Court in M.C Mehta (Supra), directing closing down of certain categories of industries in non-conforming areas, the Hon’ble Supreme Court constituted a monitoring Committee comprising of (i) Chief Secretary of Delhi (ii) Commissioner of Police, Delhi (iii) Commissioner, Municipal Corporation of Delhi and, (iv) Vice-Chairman of Delhi Development Authority. Thus, under the judgement of the Hon’ble Supreme Court itself, there is a Monitoring Committee to consider the matter which should have been approached.
Further, this Tribunal has considered the issue inter-alia vide order dated 24.01.2019 in Original Application No. 601/2018, Mayank Manohar & Paras Singh, Reporter Times of India v. Govt. of NCT of Delhi & Ors. The Tribunal constituted a fact finding Committee and directed compliance of the order of the Hon’ble Supreme Court. The matter was thereafter considered in Execution Application No.11/2017 in O.A. No.159/2013, All India Lokadhikar Sangathan v. Govt. of NCT of Delhi & Ors., and Original Application No. 56(THC)/2013, Satish Kumar v. Union of India & Ors. And finally disposed of vide order dated 10.12.2020 in Original Application No. 56(THC)/2013, Satish Kumar v. Union of India & Ors. The matters were disposed of with a direction that statutory authorities will monitor compliance in terms of directions of the Hon’ble Supreme Court. The operative part of the said order is as follows:-
“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.”
Accordingly, in terms of order of the Hon’ble Supreme Court and this Tribunal, the remedy of the applicant is to first approach the monitoring Committee, showing that activities of the industries in question against whom action is sought are impermissible.
The Application is disposed of accordingly.