Tribunals and CommissionsDivision Bench(2023) 12 NGT CK 0019

Prem Prakash Prajapati vs North Delhi Municipal Corporation

National Green Tribunal · Decided on 20 December 2023

HON’BLE JUDGES
Arun Kumar Tyagi, JM · Dr. Afroz Ahmad, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 413 Of 2022

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Judgment

105 paragraphs · 4,588 words

Arun Kumar Tyagi, Jm

1.

Mr. Prem Prakash Prajapati resident of 15A, Nai Basti, Gali No. 1, Khampur, Delhi has filed the present application under the provisions of the National Green Tribunal Act, 2010 complaining that village Khampur, which is situated near National Highway-44, has a population of about 3000 persons but till date no DHALAV has been provided by NDMC, Narela Zone for implementing the Solid Waste Management Rules 2016. In the absence of DHALAV, the residents of village Khampur are dumping the household garbage on the link road which lies scattered and emits foul smell. The applicant has further submitted that out of 78 villages in Narela Zone, only 56 villages have DHALAV and there is no DHALAV in 22 villages. The District Magistrate, North Delhi, Alipur has also not performed the statutory duties of providing suitable land for DHALAV and reviewing the performance of the local bodies. The applicant sent letter dated 20.02.2022 to the District Magistrate, North Delhi, Alipur but no action has been taken on the same.

2.

This Tribunal took cognizance and vide order dated 30.05.2022, constituted a Joint Committee comprising of Commissioner, Delhi Municipal Corporation, DPCC and District Magistrate, North Delhi and directed the same to submit factual and action taken report within three months. The relevant part of the order reads as under:-

“2.On due consideration of the matter, we are of the view that the allegations made in the present application require due verification and immediate remedial action. Accordingly, we constitute a Joint Committee of representatives of Commissioner, Delhi Municipal Corporation, DPCC and District Magistrate, North Delhi and direct the Joint Committee to meet within four weeks, undertake site visits, look into the grievances of the applicant and take requisite remedial action by following due process of law. The DPCC will be the Nodal agency for coordination and compliance. Factual and action taken report may be furnished within three months 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.

In compliance thereof, DPCC submitted report of the Joint Committee to this Tribunal by email dated 08.08.2022. The relevant part of the report is reproduced below:-

“X                                           X                                             X                                             X                                            X                                             X

2.

That a joint inspection by a team of DPCC, MCD and Revenue Department officials was conducted on 26.07.2022. Copy of said Inspection Report dated 26.07.2022 is annexed as Annexure-A.

3.

That during the inspection, Garbage/ mixed C&D waste was found dumped at two locations 1) Roadside near H.No. 164 & CN 524/25 (Latitude: 28.8227, Longitude: 77.1329) on NHAI road 2) Roadside near TPDDL Pole no. 517-16/20/14 (Latitude: 28.8250, Longitude: 77.1336) near agricultural land.

4.

That MCD representatives was asked for taking necessary action to remove the dumped waste from the site and submit Action Taken Report accordingly.

5.

That the Executive Engineer (DEMS), Narela Zone vide its letter No. EE(DEMS)/Narela/2022/15 dated 02.08.2022 submitted its Action Taken Report and informed that Auto tippers are deployed for door to door collection of garbage and are being sent to Dalao near Physical Centre Bakhtawarpur. However, some locals throw the garbage on road side. The same is being removed immediately. As on 02.08.2022, there is no garbage lying as per photograph attached.

6.

That the Executive Engineer (DEMS), Narela Zone vide its letter No. EE(DEMS)/Narela/2022/15 dated 02.08.2022 also submitted that one open dumping site is adjacent to NHAI and other one is adjacent to Agriculture Land. At present, there is no land available for construction of new dhalao. Therefore, it is proposed by them to provide Two Big Bins at this location to avoid open dumping. Copy of Action Taken Report along with its enclosure is annexed as Annexure-B.”

4.

Vide order dated 28.09.2022, notices were ordered to be issued to North Delhi Municipal Corporation (now Municipal Corporation) of Delhi; District Magistrate (North), Delhi and DPCC and presence of the Member Secretary, DPCC, Deputy Commissioner, Narela Zone, MCD and District Magistrate (North), Delhi before this Tribunal through VC or physically was also ordered.

5.

In compliance of order darted 28.09.2022, Ms. Anjali Sahrawat, Deputy Commissioner, MCD (Narela Zone) appeared on 25.11.2022 through VC and informed this Tribunal that in view of directions for collection of solid waste from source for transportation to destination treatment centre, the land for construction of Dhalav is not required but for construction of some of the transportation centres is required to be made available by the District Magistrate (North), Delhi.

6.

Vide order dated 25.11.2022, personal appearance of the Member Secretary, DPCC and the District Magistrate (North), Delhi was again ordered.

7.

In compliance thereof, Mr. K.S. Jayachandran-Member Secretary, DPCC and Mrs. Menaka-District Magistrate (North), Delhi have appeared and we have interacted with them.

8.

Additional report was filed by DPCC vide email dated 21.11.2022. Application dated 24.11.2022 was filed by Deputy Commissioner, Narela Zone, MCD vide email dated 24.11.2022 and Joint Inspection report was filed by MCD & DPCC vide email dated 14.11.2022. Report dated 12.12.2022 was filed by the District Magistrate (North), Delhi and status report was filed by MCD vide email dated 13.12.2022.

9.

The relevant part of the additional report filed by DPCC vide email dated 21.11.2022 is reproduced below:-

“ADDITIONAL ACTION TAKEN REPORT ON BEHALF OF DELHI POLLUTION CONTROL COMMITTEE

X                                                             X                                                             X                                                             X

3.

That to ascertain the facts, a joint re-inspection of the area Village Khampur, near NH 44 was carried out on 14.11.2022 by a team comprising officials of DPCC, MCD and Revenue Department. Copy of the inspections report alongwith photographs are annexed herewith as Annexure-1.

4.

That in continuation to the earlier report, observations made during the inspection by the team are as given below:

a) Two Big Bins (Capacity of 1100 L each, as reported) found kept at the location (Lat 28.825118° Long 77.134349") for garbage to | avoid open dumping by MCD.

i. Despite of the bins, some garbage (Sand, rotten leaves, mix household waste) found dumped at two locations: Roadside near drain (Lat 28.825086° Long 77. 134362")

ii. Roadside  near  TPDDL  Pole  No.  517-16/2014  UE  (Lat 28.825255° Long 77.133238°) MCD representative was asked for taking necessary action to removed dumped garbage waste from the site.

b) No land for Dhalav, as required by MCD is availible in the village as reported by MCD. Moreover, during inspection Revenue officials checked the availability of Gram Sabha land for Dhalav, but no Gram Sabha land is available as per Revenue records.

5.

That, as default continues on behalf of the Municipal Corporation of Delhi, hence a direction under section 5 of the Environment (Protection) Act, 1986— read with Solid Waste Management Rules, 2016, was issued on 21.11.2022. Copy of the direction dated 21.11.2022 is enclosed herewith as Annexure-2.

X                                                             X                                                             X                                                             X.”

10.

The relevant part of the Joint Inspection Report filed by MCD and DPCC and Revenue Department vide email dated 24.11.2022 is reproduced below:-

“FACTUAL AND ACTION TAKEN REPORT OF BEHALF OF MCD

X                                                             X                                                             X                                                             X

3.

That the outdoor services for collection of garbage from door to door have been given to IPMSW concessionaire. They have to collect and segregate all the garbage as wet waste and dry waste. It is the duty of concessionaire to collect the garbage from the area and transport it to the disposal site at Bhalswa landfill every day for processing the same in accordance with MSW Rules 2016.

4.

That 09 auto-tippers have been deployed in ward no.2 for collection of garbage from door to door, 01 auto tipper is specifically deployed in the village Khampur for collection of garbage from door to door.

5.

That the area in question where the villagers dumps or throw the garbage is an open site, beside the road. The answering respondent explored the possibility of installation of fixed compact transfer station at the location, however due to non availability of space at the location it cannot be installed. The concessionaire regularly picks up the garbage from the houses of village Khampur. However, as no Dhalao is available in the village, sometime people dump garbage on the open site which is removed everyday by the concessionaire. Now, even 02 big bins have been put in place for the dumping of garbage.

6.

That a joint inspection was also done at the site with the official of DPCC and Revenue officials on 14.11.2022. During the inspection garbage C&D waste was found dumped at one site only, which was removed immediately. We are education the people not to dispose off the garbage in open through interaction programs at schools and also with the resident welfare associations. Even scheme has been made to provide discount/rebate in house tax for resident welfare associations for making cleanness in their area by not dumping the garbage in open. Peoples are made aware through pamphlets and announcements about the benefits of cleanness and the scheme. Drain was found over flowing at one location which was de-silted immediately and drain is flowing freely without any floating material and de-silting is done regularly, which is continuous process.

7.

That the concessionaire has been directed to keep strict vigil at the site and take measures for the cleanness in the area.”

11.

The relevant part of the report filed by the District Magistrate (North), Delhi vide email dated 13.12.2022 reads as under:-

“x                                            x                                              x                                              x                                             x                                             x

2.

The grievance of the Applicant appears to be that the office of the D.M. (North) has not allotted land for the construction of DHALAV. It is submitted that as per the records maintained in the office of D.M. (North), the village Khampur has been urbanized vide Gazette Notification No. F. 7/79/ADLB/2016/ CD-000383132/3827-3841 dated

16.

05.2017 issued by the Department of Urban Development, GNCTD (Copy enclosed). Further, as per the directions issued by the SDM (Alipur) vide Order No. F.No. PA/SDM/ ALP/2019-13148-50 dated 18.11.2019, the possession of Gram Sabha Land measuring 18 Bigha 4 Biswa falling in Khasra Nos. 25/20, 53/2 & 55/2 of village Khampur, Delhi has been handed over by BDO (North) to the concerned authority i.e. DDA on 29.11.2019. The said land is already being used for public purposes. Particularly, the land bearing Khasra No. 25/20 (2-08) is being used for crematorium and the land bearing Khasra Nos. 53/2 (10-15) & 53/2 (5-01) of village Khampur is being used for pathways. The possession of land bearing Khasra No. 57/2 (2419) & 57/3/2 (10-11) of village Khampur has been handed over by BDO (North) to the concerned authority i.e. DDA on 12.10.2020. (Copy of Possession Proceedings dated 29.11.2019 & 12.10.2020 are enclosed).

3.

Further, in compliance with the directions issued by this Hon’ble Tribunal, a joint inspection of the area in village Khampur was carried out on 14.11.2022 by the officials of Revenue Department, MCD and DPCC. Non-availability of Gram Sabha Land for DHALAV was informed during the joint inspection. (Copy of Joint Inspection Report dated 14.11.2022 is enclosed).

4.

On 12.12.2022, the undersigned held a meeting with DC, MCD (Narela Zone) and Sr. Environmental Engineer, DPCC through video conferencing wherein it was informed that MCD is in the process of identifying land for ‘Fixed Compactor Transfer Station’ (FCTS). The MCD has been suggested to approach DDA, on account of the latter being the land owning agency.

X                                             X                                                             X                                                             X”

12.

The relevant part of the report filed by MCD vide email dated 13.12.2022 is reproduced below:-

“ACTION TAKEN REPORT ON BEHALF OF MCD

X                                             X                                            X                                            X

3.

That a letter vide no. DC/NRZ/2022/ 181 dt.1/ 12/2022 was written to DM (North),(attached herewith as Annexure 'A' )for identifying a suitable land measuring 25mx20m in Bakhtawarpur ward through the concerned SDM for setting up of Fixed Compactor Transfer Station(FCTS).

4.

That a reply vide letter no. DEMS/Narela/2022-23/D-29 dt.09 / 12/2022 was submitted to DPCC in compliance of directions u/ s 5 of the Environment (Protection) Act 1986. (attached herewith as Annexure 'B' ) The above status report/ action taken report may be taken on record.

X                                             X                                            X                                             X”

13.

Vide order dated 14.12.2022 this Tribunal impleaded Delhi Development Authority (DDA) as respondent no. 4.

14.

In view of the environmental statutory enactments, casting obligations on the State and its instrumentalities to take action for protection and improvement of environment and also for ensuring due compliance with the Solid Waste Management Rules, 2016, the District Magistrate (North), Delhi was directed vide order dated 14.12.2022 to convene a meeting of the concerned Officers of MCD, DDA and any other Department whose presence may be considered to be necessary and take appropriate remedial action in implementation of the recommendations thereof.

15.

Written Submissions were filed by the applicant vide email dated 21.01.2023. Reports were filed by MCD vide email dated 03.02.2023, by MCD vide email dated 31.07.2023, by DM (North) vide email dated 08.08.2023 and by DPCC vide email dated 06.10.2023.

16.

The relevant part of the Written Submissions filed by the applicant vide email dated 21.01.2023 is reproduced below:-

“1. During the hearing of case on 25/11/2022, Ms. Anjali Sahrawat, Deputy Commissioner, MCD, Narela Zone have committed that they need not land for Dhalav in the villages under North District but North Delhi Municipal Corporation will make arrangements for collection of the solid waste from door to door.

2.

North Delhi Municipal Corporation is not collecting solid waste from door to door but still the villagers of all the villages are dumping the solid waste on the same spots in the respective villages.

3.

The applicant have collected the photograph of the nearby 6-7 villages, copy of all photo are enclosed.

4.

In the village of the applicant that is Khampur (photo enclosed from photo 1 to 3),in photo no 1, the Safai Karmchari of North Delhi Municipal Corporation is dumping the NALI silt as well as solid waste collected from the Gali in newly made gali near residential area because the officers of the Safai Karmchari has instructed the Safai Karmchari to dump the garbage in nearby places of village not on the site where drums for solid waste collection has been placed.

5.

In photo 2 the on duty Safai Karmchari in village Khampur have dumped the NALI silt and solid waste collected from the Gali adjacent to the link Road from Khampur to Hamidpur.

6.

In photo 3 the drums are full because door to door collection is not being done and peoples are putting the solid waste in the drums.

7.

Photo no 4 is of Alipur village, solid waste is lying in open because NDMC is not collecting solid waste from door to door.

8.

Photo no 5 to 11 are from village Mukhmelpur, Zindpur, Bakoli, Hamidpur and Bakhtawarpur. The villagers of all the villages are still dumping the house hold solid waste in the open because NDMC has failed to collect the house hold solid waste from door to door.

This  is  the position  of  a few nearby villages regarding  solid waste management being done by NDMC

X                                            X                                             X                                             X”

17.

The relevant part of the report filed by MCD vide email dated 03.02.2023 is reproduced below:-

“ACTION TAKEN REPORT ON BEHALF OF MCD

X                                             X                                             X                                             X

3.

That pursuant to directions of Hon'ble Tribunal, a joint inspection was carried out by MCD officers with Revenue Department of GNCTD at village Bakhtawarpur on 29/12/2022. A site at K.No.76/21/2 of village Bakhtawarpur was shortlisted. However, later on, the same was reported as already allotted to Health & Family Welfare Department, GNCTD vide SDM letter No.  F.No.  2530/SDM/ALP/2023/56763-64  dated  24.01.2023. (Copy of letter attached herewith as Annexure ‘A’)

4.

That , thereafter another inspection was carried out on 18/01/2023 with Revenue Department of GNCTD and the staff of M/s IPMSWSPL ("The Concessionaire" at Khasra No. 21 / 11,12,13,15 of Tigipur village. But the same was found very far away from the 'Abadi' area and the tippers have to cover a very long distance for depleting the MSW. Hence, the proposal at this site could not be acceded to.

5.

That, since no other feasible site was available in the entire Ward, then DC Narela, (MCD) narrowed down, to the site, which was being used as JE(Store),.The Store is used by MCD for stacking cement, sand, aggregate, Iron rods, Sanitary Fittings, Fixtures etc. The store of the JE was got vacated and material was transferred to other place. The structure constraints were sorted out with technical inputs. The concessionaire, was shown the site and he agreed that he will build the FCTS,(Fixed Compactor Transfer Station), which is secondary storage for collection of garbage.

6.

That in view of above, the ,Store of JE was handed over to Concessionaire vide allotment no.EE(DEMS)2022-23/ D-47 dt.02/02/23, for the area 90 feet x 30 feet in Bakhtawarpur only for the purpose of installation of Portable Compactor Transfer Station was issued to M/s IPMSWSPL("The Concessionaire").The land underneath vests with the MCD.(Copy of letter attached herewith as Annexure ‘B’

7.

That the primary collection by door to door services through Tippers will be transported to secondary collection at Bakhtawarpur FCTS as per SWM Rules 2016.

X                                             X                                            X                                                            X.”

18.

The relevant part of the Report filed by MCD vide email dated 31.07.2023 is reproduced below:-

“Status Report on behalf of the Respondent/ Municipal Corporation of Delhi.

1.

That the present status report is in continuation of earlier status report filed by answering respondent MCD on 3/2/23. That, since no other feasible site was available in the entire ward, then DC Narela, (MCD) narrowed down, to the site, which was being used as JE(Store),.The Store is used by MCD for stacking cement, sand, aggregate, Iron rods, Sanitary Fittings, Fixtures etc. The store of the JE was got vacated and material was transferred to another place. The structure constraints were sorted out with technical inputs. The concessionaire was shown the site and he agreed that he will build the FCTS,(Fixed Compactor Transfer Station), which is secondary storage for collection of garbage.

2.

The land (Store of JE MCD) was handed over to Concessionaire vide allotment no.EE(DEMS)2022-23/D-47 dt.02/02/23, for the area 90 feet x 30 feet in Bakhtawarpur for installation of Portable Compactor Transfer Station was issued to M/s IPMSWSPL("The Concessionaire").(Copy of letter attached herewith as Annexure 'A').

3.

That the construction of FCTS could not be materialized at the abovementioned site due to heavy public hindrance and objection of PWD that the land in question is in R.O.W. (right of way).

4.

That since no other site is available in Khampur, the primary collection of door to door service through Tippers will be transported to secondary collection point i.eFixed compact transfer station (FCTS ),which is constructed recently, at TARZAN Colony in the vicinity of 3 Kms (approx) distance from the Khampur Village as per SWM Rules 2016.

The photographs of the site at which FCTS is installed are annexed herewith as Annexure B.”

19.

The relevant part of the Report filed by DM (North) vide email dated 08.08.2023 is reproduced below:-

“FACTUAL AND ACTION TAKEN REPORT ON BEHALF OF DISTRICT MAGISTRATE (NORTH)

X                                             X                                             X                                                             X

3.

That in compliance of directions issued by this Hon'ble Tribunal, the undersigned held a meeting with DC, MCD (Narela Zone), EE (DEMS), MCD (Narela Zone), Assistant Engineer (Narela Zone), MCD, SDM (Alipur), District North, Sr. Environmental Engineer, DPCC, Assistant Engineer (DDA) and a representative from DPCC through video conferencing on 29.12.2022 at 4 pm, wherein it was informed that all possible land parcels available with MCD have not been found suitable for the construction of Fixed Compactor Transfer Station (FCTS), therefore, another land has been identified in village Bakhtawarpur for this purpose. Further, it was informed that the village Bakhtawarpur is an urbanized village and all land belonging to Gram Sabha has been handed over to DDA. Copy of Minutes of Meeting is annexed herewith as Annexure-A.

4.

That after discussion made in the meeting as mentioned above, it was decided that the SDM (Alipur) shall provide the details of the Gram Sabha Land including Khasra No. and Area that may be used for the construction of Fixed Compactor Transfer Station (FCTS). The DC (MCD), Narela Zone shall make an application to Commissioner (Land), DDA for NOC/ allotment of land for the said purpose. In compliance thereof, the SDM (Alipur) vide its letter dated 24.01.2023 informed that a joint inspection was held by revenue staff with officials from MCD, Narela Zone on 29.12.2022 for identification of land for FCTS. Khasra No. 76/21/2 of village Bakhtawarpur was identified as per the joint inspection. Since the said land has been already allotted to Health & Family Welfare Department, GNCTD, additional locations were to be identified and verified. Copy of Letter No. 2530/SDM/ALP/2023/56763-64 dated 24.01.2023 is annexed herewith as Annexure-B.

5.

Joint inspection were carried out on 18.01.2023 by officials of SDM (Alipur), BDO (North) and MCD (Narela Zone). Various land parcels in Village Bakhtawarpur and Tigipur were visited. However, these land parcels were not found feasible by MCD (Narela Zone).

6.

The Ex. Engineer (DEMS), Narela Zone with the approval of competent authority i.e. DC-Narela Zone has issued a letter of allotment & authorization to M/s IP MSW Solution Pvt. Ltd. Bawana, Narela Zone, Delhi for construction of a "Portable Compactor Transfer Station" within an area of 90 feet x 30 feet at the land situated near M&CW Centre, Ward No. 5, Village Bakhtawarpur, Delhi. Copy of Letter No. EE(DEMS)/2022-23/0-47 dated 02.02.2023 is annexed herewith as Annexure-C.

7.

The Ex. Engineer (DEMS), Narela Zone informed that the construction of FCTS could not be materialized at the abovementioned site due to heavy public hindrance and objection of PWD that the land in question is in R.O.W. (Right of Way). Therefore, a joint inspection of the area of village Khampur, Near NH-44 was carried out on 31.07.2023 by the officials of Revenue Department, DPCC and MCD (Narela Zone). During inspection, it was observed that two bins (1100 Ltrs. Capacity each) were placed in the village by MCD for garbage collection to avoid open dumping.

7.

It was informed by the MCD officials that FCTS at Tarzan Colony (secondary collection point for servicing the Khampur village) has been constructed recently and is located in the vicinity of the village (approx. 03 Km.). Further, it was informed that primary collection of MSW by door to door service through tippers is carried out regularly and being transported to FCTS constructed at Tarzan Colony (secondary collection point for servicing the Khampur village).MCD (Narela Zone) has been informed to take necessary action and to keep vigil to avoid open dumping.Copy of Joint Inspection Report dated 31.07.2023 alongwith Geo-tagged photographs are annexed herewith as Annexure-D (CoIly.).

X                                             X                                            X                                            X”

20.

The relevant part of the reply/response filed by the DPCC vide email dated 06.10.2023 is reproduced below:-

“REPLY/ RESPONSE ON BEHALF OF DELHI POLLUTION CONTROL COMMITTEE IN TERM OF THE ORDER DATED 14.12.2022.

X                                             X                                                            X                                            X

2.

That an action taken report was filed before this Hon‘ble Tribunal on 08.08.2022 on behalf of the Joint Committee, which was available on the records of this Hon'ble Tribunal. The report of joint committee was considered by this Hon’ble Tribunal on 14.12.2022. This Hon'ble Tribunal vide order dated 14.12.2022 pleased to direct the District Magistrate (North), Delhi to convene a meeting of the concerned Officers of MCD, DDA and any other Department and to take appropriate remedial action in implementation of the recommendations thereof. Report regarding action taken in this regard may be filed.

3.

That, District Magistrate (North) took a meeting on 29.12.2022, in view of the directions passed by this Hon’ble Tribunal. In the meeting, issue regarding allotment of land for Fixed Compactor Transfer Station to be installed by MCD was discussed. Minutes of the meeting for the meeting held on 29.12.2022 is enclosed herewith as ANNEXURE-1.SDM (Aliputr) was required to provide the details of land to MCD and MCD has to request for allotment of the land to DDA.

4.

That MCD has filed a status report before this Hon‘ble Tribunal on 26.07.2023 interalia mentioning that no land is available in the village, however the primary collection of door to door services through Tippers will be transported secondary collection point.

5 . That a joint inspection of the site was carried out on 31.07.2023 by the representative of the Revenue Department, DPCC and MCD. During the inspection it was observed that:

1.

Two bins (capacity of 1100 ltrs each, as reported) found placed byMCD at the location (Lat: 28.82521 Long: 77.13435) for collection of garbage to avoid open dumping. However some bricks found lying near to it due to construction activity nearby.

2.

MCD official informed that FCTS at Tarzan colony (secondary collection point for servicing the Khampur village) has been constructed recently and is located in the vicinity of the village (approx. 03Km). Further it was informed that primary collection of MSW by door-to-door service through tippers is carried out regularly and being transported to FCTS constructed at Tarzan colony (secondary collection point for servicing the Khampur village).

3.

MCD representative was asked for taking necessary action and keeping vigil to avoid open dumping.

4.

Geo-tagged photographs are attached herewith.

Copy of the inspection report dated 31.07.2023alongwith Photographs are enclosed herewith as ANNEXURE-2 (Colly).

X                                                             X                                                            X                                                             X”

21.

The applicant did not appear in the case on 09.11.2023 when the arguments were heard and order was reserved.

22.

We have heard learned counsel for the respondents and we have gone the relevant record carefully.

23.

The grievances of the applicant in the application were that no DALAV had been provided by then North Delhi Municipal Corporation (now MCD) in village Khampur and the residents of village Khampur were dumping the household garbage on the link road which lied scattered and emitted foul smell. In the course of hearing Ms. Anjali Sahrawat, Deputy Commissioner, MCD (Narela Zone) stated that in view of direction for solid waste from source and for transportation to destination treatment centre the land for construction of DHALAV was not required and land for construction for transportation centre was required. Thereafter the proceedings were continued for ensuring for allotment of land for transportation centre to MCD. As per report filed by MCD vide email dated 03.02.2023 Store of JE was handed over to Concessionaire vide allotment no.EE(DEMS)2022-23/ D-47 dt.02/02/23, for the area 90 feet x 30 feet in Bakhtawarpur only for the purpose of installation of Portable Compactor Transfer Station was issued to M/s IPMSWSPL ("The Concessionaire"). However, the construction of Fixed compact transfer station (FCTS) could not be materialized at the abovementioned site due to heavy public hindrance and objection of PWD that the land in question is in R.O.W. (right of way). Since no other site is available in Khampur, the primary collection of door to door service through Tippers will be transported to secondary collection point i.e FCTS which is constructed recently, at TARZAN Colony in the vicinity of 3 Kms (approx) distance from the Khampur Village as per SWM Rules 2016. Since, no land is available in Village Khampur for construction of FCTS as reported by the land owning Authorities, the primary collection of door to door service through Tippers be transported to secondary collection point-FCTS constructed at TARZAN Colony in the vicinity of Village Khampur and processed/disposed of as per SWM Rules 2016. The respondents are directed to ensure strict compliance with SWM Rules, 2016 in the area.

24.

In these facts and circumstances, the original application is disposed of with no order as to costs and with directions as mentioned above.