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Judgment
Grievance in the application is against PVC Bazar at Tikri Kalan, Delhi where big plastic cutter machines have been installed. These big cutters machines are causing lot of noise pollution in the area. The waste water used for washing plastic is injected in the ground by constructing bores and is, thus, getting mixed with the ground water.
The matter was taken up by this Tribunal on 27.01.2022 and a joint Committee was constituted to submit a factual and action taken report.
In compliance thereof, DPCC has filed the report as follows:-
“ A joint inspection of the site was carried out on 22.09.2022 and 24.09.2022by the representative of DPCC and Revenue Department. During the inspection in the area One Grinding/Cutting Machine and one borewell was sealed and details of the action is as follows:
S. No.
Name and Address
Action Taken
1.
Sh. Laksmi Narayan (9714185405), PVC
Market TikkriKalan.
One grinding/Cutting machine was sealed during inspection
2.
Sh. Bittu, Opposite Shopping Centre, Opposite B-49, PVC Market TikkriKalan
Borewell connected to the premises was sealed during inspection
The general findings of the inspecting team are as follows:
a. The area is allocated and earmarked by DDA for the activity of storage of plastic waste and area of jurisdiction comes under the control of DDA. Encroachment of land found but could not be identified whether the encroached land is public or not. In the absence of proper identification of the land area the action is under process.
b. About 280 plots were allocated by DDA of various sizes i.e. 48 plots under 300 sqm., 128 plots were between 25 sqm. to 40 sqm.
c. During the visits, cutters were found installed in the open in open area to cut plastic waste to small sizes.
d. Various types of scrap waste like Rubber, various types of plastic waste besides other rubberised/plastic coated metal waste, waste electric wire etc. were found stored in open area plots as well as on the footpath by encroachment on public land by the various plot owners.
e. Plastic and rubber dumping found in an open plots all around the PVC market at Tikrikalan.
Copy of the inspection report dated 22.09.2022 and 24.09.2022alongwith photographs are enclosed as ANNEXURE-1.
SDM (Punabi Bagh) office issued sealing order during the inspection dated 24.09.2022 both premises namely M/s Laksmi Narayan, PVC Market TikkriKalan and M/s. Bittu, Opposite Shopping Centre, Opposite B-49, PVC Market TikkriKalan. Copies of the sealing order dated 24.09.2022 are enclosed herewith as ANNEXURE-2 (Colly).
Due to MCD elections further drives, could not be carried out by the joint team, so it is requested to grant additional two months time to complete the task, as revenue authorities will be discharge from election duties in mid of December, 2022.”
Further report was filed by DPCC in compliance of order of this Tribunal with the fact that letter was issued from DPCC to DDA for ensuring demarcation of the market through boundary wall and to take action against the units littering the waste on roadside and running the industrial activity in non-confirming areas near to Tikkri, also DDA may like to cancel the licence of the such illegal units/ shops indulge in polluting activities littering on road ground water extraction/ discharging effluents untreated MCD may take action against any illegal units in residential areas in Tikkri and ensure removal of encroachment in the surrounding area as per their by-law. DDA and MCD may also join the joint drive with Revenue Department and DPCC for taking prompt action for closure of such units on spot.
A joint inspection of the site was carried out on 14.12.2022 and 22.12.2022 by the representative of DPCC, Revenue Department and Delhi Police. During the inspection in the area grinding/plastic waste storage/bazar at Tikkri Kalan was sealed. Details of the action taken against the defaulters unit are as follows:-
S. No.
Name and Address
Status/Action Taken
1.
M's Owner, Road No. 4. PVC Market Tikkri Kalan
· Unit engaged in grinding/ cutting/storage of plastic waste.
· One DG set of 62.5 KVA alongwith one grinding machine were sealed during inspection.
2.
Sh. Shiv Dayal, Road No. 4, N- Block PVC Market Tikkri Kalan
· Unit engaged in grinding/ cutting/storage of plastic waste.
· One grinding machine was sealed during inspection.
3.
M/s Owner, PVC Market Tikkri Kalan.
· Unit engaged in grinding/ cutting/storage of plastic waste.
· Two DG set of 62.5 KVA alongwith one grinding machine were sealed during inspection.
4.
M/s Owner, PVC Market Tikkri Kalan.
· Unit engaged in grinding/ cutting/storage of plastic waste.
· One DG set alongwith one grinding machine and two cutters were sealed during inspection.
5.
Shri Himanshu Plastic, PVC Market. Tikkri Kalan.
· Unit engaged in grinding/ cutting/storage of plastic waste.
· One grinding machine was sealed during inspection.
6.
M/s Owner. PVC Market Tikkri Kalan.
· Unit engaged in grinding/ cutting/storage of plastic waste.
· One grinding machine was sealed during inspection.
7.
Sh. Shiv Charan, S/o Sh. Momraj. C-33A. Sworn Parly, New PVC Market Tikkri Kalan. (M. 9211114641)
· Unit engaged in grinding/ cutting/storage of plastic waste.
· One DG set of 40 KVA alongwith one grinding machine were sealed during inspection.
8.
Sh. Ramesh Baswala, Road No. 3. M897+786, PVC Market
Tikkri Kalan.
· Unit engaged in grinding/ cutting/storage of plastic waste.
· One DG set of 40 KVA alongwith one grinding machine were sealed during inspection.
Another joint inspection of the site was carried out on 16.02.2023 by the representative of DPCC, Revenue Department and Delhi Police. During the inspection following were the observation:
· No Grinding, Cutting and washing activity was found however various types of scrap like waste Rubber, waste Plastic/ Plastic material, other waste rubberised/plastic coated metals, electric wire and different plastic parts of vehicle etc., were found stored in mainly open plots as well as on the footpath by encroachment on public land by the various plot owners.
· Manually sorting of various type of scraps was also carried out.
· The officers from MCD and DDA were not present during the inspection, although DPCC has issued letter to MCD and DDA on 16.12.2022 for the joint team inspection of PVC market in Tikkri Kalan.
In view of the reports submitted by DPCC, we direct the respondents to ensure that there should not be grinding, cutting and washing activity. Respondents responsible for identification and demarcation of land have to identify, demarcate the land and to ensure removal of encroachment from the public land.
With these observations, Original Application stands disposed of.