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Judgment
Grievance of the appellant is that a notice bearing no.8/DDVS/SNZ, dt. 02.02.2022 has been issued by EDMC for his appearance before this Tribunal for depositing the environmental compensation of Rs. 10,000/- on 09.02.2022. The appellant has prayed that he be allowed to contest the notice or it be rejected.
We have gone through the notice dated 02.02.2022. It runs as follows:-
EAST DELHI MUNICIPAL CORPORATION
………ZONE/DEPARTMENT
No. 8/DDVS/SNZ Dated 02.02.2022
Shri Rafikan Khan
F-614, Khajoori Khas,
Wazirabad Road,
Khajoori Khas Shahadra.
Notice for APPEARANCE
Whereas the Hon’ble National Green Tribunal vide order dated 02.12.2016 passed in OA no. 281/2016 and OA No. 22/2013 in the matter of Kudrat Sandhu vs. GNCT and Ors. and Sukhdev Vihar Residents Welfare & Others vs. State of NCT of Delhi and ors. respectively has directed that ‘All major sources of municipal solid waste generation-hotels, restaurants, slaughter houses, vegetable markets etc. should be directed to provide segregated waste and handover the same to the corporation in accordance with rules. Any such body, person, hotels, residents, slaughter houses, vegetable markets etc. which does not comply with the directions or throw their waste over any drain or public place shall be liable to pay environmental compensation at the rate of Rs. 10,000/- per default. It is their obligation to segregate the waste at their place and handover the same to the corporation centres for waste collection or the Agencies appointed’.
And whereas you have been found committing the following violation of the above orders of the Hon’ble National Green Tribunal on 02.02.2022 at 3.45 pm.
Brief description of violation
Discharge of solid waste in drain.
Hence, you are directed to pay a sum of Rs. 10,000/- in the Citizen Service Bureau(CSB) Shah(S)/Shah(N) Zone within 3 days from the receipt of this notice.
And whereas you have refused to pay the sum of Rs. 10,000/- on the place of aforesaid violation as directed by the undersigned.
Now, therefore, you are hereby directed to appear before the National Green Tribunal, Faridkot House, Copernicus Marg, New Delhi-110001 on 09.03.2022 at 10 AM to show cause as to why you be not directed to pay compensation as may be determined by the Hon’ble Tribunal in accordance with law for the aforesaid violation.
Given under my name and seal on the 02.02.2022 day of 3.45
Challaning Officer/
Reporting Officer
(DC/AC/DHD/DOH/DDH
/AA/CSI/SI/ASI/MTI/LI
Rakesh Kumar
Copy to:-
Registrar, National Green Tribunal, Faridkot House,
Copernicus Marg, New Delhi-110001.
We have given our thoughts to the matter. The appellant has prayed that he be allowed to contest the notice/challan. In our opinion there is no bar to the same. The appellant can contest the notice/challan before the concerned Authority. In our opinion there was no reason for the challaning/reporting officer to direct the appellant to appear before this Tribunal to show cause as to why he should not be directed to pay compensation which may be determined by this Tribunal.
The appeal stands disposed of with the direction that the appellant may first contest the notice/challan before the concerned Authority and in case he is aggrieved by the order, he can file an appeal in accordance with law.