Gaurav Sharma vs Govt. of NCT of Delhi & Ors

The issue raised in the Original Application was in respect of control of air pollution around All India Institute of Medical Sciences (AIIMS), New Delhi. The Tribunal had taken into account, not only the issue in respect of air pollution but the wider and incidental issues involved and accordingly had passed order dated 03.07.2023 after taking note of the report of the Committee and had directed as under:-

“9. Since there is no objection to the report of the joint Committee and we see no reason not to accept the same, we accept the report and issue directions in terms thereof. We also agree that a hospital complex being an environmentally sensitive area, an environment management plan is required not only covering the campus but also surrounding periphery. Prohibited and regulated activities need to be identified and mentioned in such plan with nodal agency for monitoring compliance and dedicated funds. This is part of right of citizens to clean environment and sustainable development principle. This is also part of fundamental duty under Article 51 A of the Constitution and obligation of the State under Article 48A.

Accordingly, we direct that measures suggested in the report be taken in a time bound manner.

With regard to measures required to be adopted outside the AIIMS campus, such as control of traffic congestion, removing encroachments, congestion at gates, speeding of vehicles, improving road conditions, control of dust and other sources of pollution, we constitute an eight member joint Committee of Traffic Police, NDMC, PWD, DDA, Delhi Police, AIIMS, CPCB and DPCC to prepare an action plan in the light of recommendations of the joint Committee and to monitor its execution in a time bound manner. Ambient air quality in and around the campus be monitored and as and when it exceeds the laid down parameters within 500 meters of the boundaries of AIIMS, regulatory measures be taken in the light of Graded Response Action Plan https://cpcb.nic.in/uploads/final_graded_table.pdf (GRAP). Such action plan be prepared preferably by July 31, 2023. First meeting for this purpose be held by July 15, 2023. Commissioner of Police and Director AIIMS will act jointly as nodal agency for coordination and compliance. They will be free to take assistance of their choice from their respective departments. Meetings of the Committee may be held preferably in the Campus of AIIMS. Execution of the plan may be reviewed periodically, preferably once in a month for next six months. First such review meeting be held by August 31, 2023. Minutes of the meeting may be placed on the website of AIIMS.

With regard to measures inside AIIMS campus, such as plantations, waste management, regulation of footfall of visitors and other attendants of patients, squatting, nature of vehicles, management of patient services, parking issues, providing shuttle service, landscaping, involvement of voluntary organizations or individuals, preparation of environment management/action plan, responsibility will be of the Director AIIMS in coordination with concerned departments. Director AIIMS will be free to explore deployment of suitable security force, including CISF, if available. The Director AIIMS may hold first meeting for the purpose at the earliest, preferably before July 15, 2023 and finalize action plan and place the same on the website of AIIMS by August 31, 2023. Its execution may be reviewed on monthly basis for first six months and thereafter at such intervals as may be found viable. The minutes of meetings may be placed on the website of AIIMS.

Individual issue with regard to AIIMS will stand disposed of in terms of paras 10 to 12 above but since there are identical issues in several other government hospitals, including Safdarjung hospital opposite AIIMS itself, it appears to be necessary to issue direction with regard to the same. In the light of situation revealed by the report of the joint Committee, environmental management inside and around such healthcare appears to be necessary in the interest of protection of right of patients, staff and other visitors to clean environment. This requires issuance of an appropriate SOP by MoEF&CC and Ministry of Health, GoI after study and due consideration of the subject.

Accordingly, we constitute a five-member joint Committee to be headed by Secretary, Ministry of Health, GoI with representatives of MoEF&CC, Ministry of Urban Development, GoI and Ministry of Home Affairs, not below the rank of Joint Secretary and nominee of CPCB not below the rank of Director. The Committee will be free to interact with stakeholders and obtain data of status of availability of environment management plans covering all sources of pollution in and around all Government district hospitals or larger than district hospitals including medical colleges as may be specified by the Committee. The joint Committee may meet within one month from today and finalize a questionnaire for getting specific information within one month thereafter. Considering the data collected, appropriate SOP may be finalized within three months and placed on the website of Ministry of Health. The Committee may specify issues to be covered within the complex and outside the boundary of the healthcare facility complex upto specified periphery for regulation and control of polluting activities which may be found necessary to offset adverse impact on environment.

An action taken report in the matter may be filed with the Registrar General of this Tribunal by Secretary, Health, GoI and Commissioner of Police, Delhi within four months from today by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If found necessary, the Registrar General, NGT may place the matter before the bench for further directions.”

In terms of the above direction, reports have been filed by the different authorities. Accordingly, the present MA has been registered to consider those reports.

The DCP, South District, New Delhi has filed the report stating that the encroachment removal programmes were being conducted to remove the illegal encroachments with the collaboration of MCD and steps have been taken to prohibit any kind of re-encroachments.

Action taken report has also been filed by the AIIMS disclosing point-wise compliance pertaining to Security and Fire Department, regarding  DG  sets  installed  in  various  locations,  proposal  relating  to multilevel car parking, action regarding bio-medical and solid waste and Environment Management Plan outside AIIMS etc. Similarly, the report has been filed by the Deputy Commissioner of Police, Traffic Southern Range, Delhi giving the details of the action taken by the Delhi Traffic Police and the report filed by the NDMC gives the details of the action taken for traffic management outside AIIMS, encroachments on right of way and green belts/plantation outside AIIMS. Report has also been filed by PWD regarding maintenance of road and footpath.

We are of the view that continuous monitoring and compliance of the directions issued by the Tribunal is required by the competent authorities, therefore, we call for a fresh report in respect of compliance of the directions contained in the order of the Tribunal dated 03.07.2023 from the concerned authorities after six months.

Let  the  said  report  be submitted  by 15.05.2024 by  e-mail at [email protected] preferably in  the  form  of searchable PDF/OCR Support PDF and not in the form of Image PDF before the Registrar General of this Tribunal and if found necessary the matter may be listed before the Bench for consideration.

M.A. is accordingly disposed of.