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Judgment
Application under Section 14 of the National Green Tribunal Act, 2010.
The Jhilmil & Friends Colony Industrial Area CETP Society filed O.A. No. 432 of 2022 titled Jhilmil & Friends Colony Industrial Area CETP Society Vs. Delhi Jal Board & Ors. seeking direction to respondent no. 1 to stop work of connecting the pipeline of Shahdara Link Drain to the CETP Jhilmil.
Vide order dated 04.07.2022 notices were ordered to be issued to the respondents.
Reply was filed by respondent no. 1 vide email dated 17.09.2022 but respondents no. 2 to 4 did not file any reply.
The application was disposed of vide order dated 20.09.2022 with direction to the CPCB and DPCC to conduct joint inspection and study with DJB as mentioned therein.
In compliance thereof, report was submitted by Joint Team of Central Pollution Control Board and Delhi Pollution Control Committee before the learned Registrar General of this Tribunal on 10.02.2023.
Under the order of learned Registrar General, the original application was listed before this bench for issuance of further directions in the matter.
Notices were issued to respondents no. 1 to 4 requiring them to file their response/reply to the above said report.
In view of the recommendations made in the above said report, the provisions made in Section 20 of the National Green Tribunal Act, 2010 which inter alia requires this Tribunal to apply precautionary principle and Section 19 (4) (j) of the National Green Tribunal Act, 2010 which empowers this Tribunal to pass an order requiring any person to cease and desist from committing or causing any violation of any enactment specified in Schedule I and the attending facts and circumstances, vide order dated 01.09.2023 respondent no. 1-DJB was restrained till further orders to the contrary from connecting Dilshad Garden Drain into Jhilmil CETP.
Replies have been filed by CPCB vide email dated 19.10.2023 and by DJB vide email dated 20.02.2024.
In its reply DJB has referred to order dated 05.02.2024 passed by Hon’ble High Court of Delhi in W.P. (C) 1456/2024 & CM Appl. 6010/2024 titled as Okhla Industrial Area CETP Society Regd. Vs. Commissioner of Industries & Ors. and submitted in paragraphs 13 and 14 that issue of modification or upgradation of Jhilmil CETP including final state of art of technology to treat the combined waste has been put on hold by DJB and DJB shall take action of upgradation or connection only after transfer/handover of CETPs to DJB.
It is evident from the reply that DJB has merely put the impugned actions on hold and has not yet cancelled the same. In view of facts and circumstances of the case and nature of the questions involved, we consider presence of Government of NCT of Delhi through its Chief Secretary to be essential for just and proper adjudication of the questions involved by revival of the original application.
However, at this stage learned Counsel for the applicant has submitted that the applicant will file separate original application raising all the issues involved by impleading the necessary parties and submits that the present miscellaneous application may be disposed of with liberty to file the same and interim protection may be extended for some reasonable time.
Learned Counsel for the respondents have no objection if the above said request is allowed.
In view of above the present miscellaneous application is disposed of with liberty to the applicant to file separate original application raising all the environmental questions involved by impleading the necessary parties within two months. In the facts and circumstances of the case and in view of the principles embodied in Section 20 of the National Green Tribunal Act, 2010 interim order dated 01.09.2023 shall continue to operate till filing of the application or expiry of the period of two months whichever is earlier.