Tribunals and CommissionsFull Bench(2021) 12 NGT CK 0037

Mythily Manoharan vs Union of India & Ors

National Green Tribunal · Decided on 16 December 2021

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Dr. Nagin Nanda, EM
RESULT
Disposed Of
CASE NUMBER
Review Application No. 30 Of 2021 In Original Application No. 275 Of 2020

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Judgment

15 paragraphs · 401 words
1.

This application seeks review of order of this Tribunal dated 24.6.2021 disposing of the OA of the applicant in view of report of the DPCC dated 1.4.2021 in response to the allegation of violation of environmental norms by Radhey Radhey Builders through its proprietor Hemant Modi, at Nasirpur, New Delhi - 110045 in the course of loading and unloading of material in heavy trucks 24x7. DPCC reported that loading and unloading had stopped and there was no continuing violation of environmental norms.

2.

Vide order dated 19.08.2021, the Tribunal directed as follows:-

"2. The applicant has stated that the violation is continuing resulting in generation of dust and noise affecting the inhabitants in the area.

3.

Let DPCC, in coordination with the concerned DCP and SDM verify the facts and furnish a factual and action taken report before this Tribunal within one month by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF."

3.

Accordingly, an action taken report has been filed by DPCC after joint inspection on 12.11.2021 and did not find any violations. The operative part of the report is as follows:-

"3. That, joint inspection was carried out by officials of Delhi Pollution Control Committee along with South Delhi Municipal Council, SDM (Dwarka) and Delhi Police on 12.11.2021. Following was observed during inspection:

1.

The Plot area is approx. 1200m2

2.

Site is found vacant

3.

No construction material (Dust, Rodi, Bricks Badarpur etc.) found at the plot

4.

As informed by the SDMC officials, the land belong to DDA (Dwarka Project Division -II)

5.

As informed by the Chowkidar /local person no occupier was present at site, at the time of inspection.

Copy of the inspection report dated 12.11.2021 along with photographs is enclosed herewith as ANNEXURE-II (Colly)

4.

In view of the inspection findings, no action is warranted at this juncture. However, letter was issued to DDA (Dwarka Project Division-II) to secure its land on 29.11.2021. Letter was also written to SDMC, DDA, Local Police and office of the SDM to keep vigil on the land, so that same may not be used for any of the activity without getting approval. Copy of the letters dated 29.11.2021 are enclosed herewith as Annexure- (Colly)."

4.

In view of above, no further order appears to be necessary at this stage.

The application is disposed of.