Raj Kumar vs Union Of India & Ors

Grievance in this application is against violation of environmental norms at a park opposite office of SDM (Saraswati Vihar), Old Middle School Building, Lawrence Road, Rampura, Delhi, by throwing garbage, edible packing material, used bottles, cups, electronic wages, buffalo dung, edible waste and torn packaging material of packed snacks in a large quantity, resulting in drain blockage and air pollution.

Vide order dated 08.12.2021, the Tribunal noted the earlier order with reference to similar objection and sought a report from a joint Committee of DPCC and SDM, Rampura, Delhi. Operative part of the order is reproduced below:

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Earlier the applicant approached this Tribunal with similar grievance and this Tribunal passed order dated 31.07.2020 to the following effect:-

“A report was sought from the SDM (Saraswati Vihar), Old Middle School Building, Lawrence Road, Rampura, Delhi with reference to the allegation of failure to take action against the unauthorized jhuggi dwellers, various anti-social elements, unauthorized/illegal encroachers who are running various kinds of shops like Dhaba, Tea, Confectionary stalls, Mobile accessories, Dairy farms, etc. throwing their garbage and polluting the area of the park with wine/bottles, use and throw of tea cups, etc. in the dirty water drain and other waste, use and throw cups, buffalo dung, coal (which is used in various tea stalls, dhaba, etc.) electronic wastage and articles, etc. due to which the entire boundary of the said water drain as well as area of the said park are full of various kinds of garbage, in front of the office of the SDM, Rampura, Delhi.

Accordingly, a report has been filed by the DPCC to the effect that remedial action has been taken.

In view of the above, no further order is necessary.

The application is disposed of.”

It is stated that in spite of above, the park has again been encroached by hotels on the footpath outside the park and in spite of complaints no action has been taken by DPCC. The encroachers are causing pollution by throwing garbage, edible packing material, used bottles, cups, electronic wages, buffalo dung and edible waste torn packaging material of packed snacks in a large quantity resulting into drain blockage, air pollution etc. The applicant filed complaint dated 08.01.2021 with the DPCC but no action has been taken. The applicant has annexed photographs in support of his version.

In view of above, let DPCC and SDM, Rampura, Delhi, furnish a factual and action taken report within two 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 and also upload the same on website of DPCC simultaneously so that the concerned parties/Departments can access the same for further course of action.”

In pursuance of above, a report has been filed by the DPCC on 27.04.2022 as follows:

“2. That in compliance to the above mentioned order, a joint inspection was carried out on 22.02.2022 of the site, by the team of official of DPCC, SDM (Saraswati Vihar), North MCD and Tata Power Delhi Distribution Limited (TPDDL) along with Delhi Police to take action for removal of encroachment. The team could not able to remove encroachment due to non availability of JCB & Other Equipment. However, electricity connections of encroachments were disconnected during the inspection. Copy of the joint inspection report dated 22.02.2022 is enclosed herewith _ as ANNEURE-1.

That Chairman, Delhi Pollution Control Committee (DPCC) taken a meeting to oversee the compliance of the order passed by this Hon’ble Tribunal in this matter on 15.03.2022. In the meeting following directions were issued:-

SDM (Saraswati Vihar), shall take a meeting of Special Task Force for effective compliance. District Magistrate (North West) will monitor the task as part of District Task Force.

Assistant Commissioner, (North MCD) Keshav Puram Zone, shall take all measures to ensure effective removal of encroachment from the site and ensure no further encroachment be done at the said site.

The action report be sent to DPCC by next week for file ATR in Hon’ble NGT.

Copy of the minutes of meeting dated 15.03.2022 is enclosed herewith as ANNEXUE-2.

That, DPCC issued directions to the SDM (Saraswati Vihar) and North MCD on 15.03.2022 to take steps for removal of encroachment from the site as mentioned in the order passed by this Hon‘ble Tribunal. Copies of the directions dated 15.03.2022 are enclosed herewith as ANNEXUE-3 (Colly).

That, North DMC vide letter dated 31.03.2022 informed that, a joint encroachment removal action was taken on 25.03.2022 by North DMC, Delhi Jal Board, DSIIDC and SDM (Saraswati Vihar) for removal of encroachment in the shape of temporary structures from the surroundings of DDA Park, near SDM Office, Ram Pura with the help of Delhi Police. During the action, all the temporary encroachment found on the site have been removed. Photographs taken on 25.03.2022 were also enclosed with the report. Garbage dumped nearby was also removed. Copy of the ATR provided by North DMC dated 31.03.2022 alongwith photographs are enclosed herewith as ANNEXURE-4.

That same complainant earlier filed OA number 998/2019 and DPCC filed its ATR on 19.06.2020 before the Hon*ble Green Tribunal. In this report, DPCC informed to this Hon‘ble Tribunal that North DMC removed encroachment and SHO was directed to take a vigil on the area, so that encroacher will not resurface. A request in this regard was also made to SHO (Delhi Police) by North DMC on 16.06.2020. DPCC also imposed EDC on two dhabas on 10.06.2020 @ Rs 1,00,000/- each. Both the dhabas has not deposited EDC amount to DPCC, so DPCC issued recovery certificate on 30.03.2021 to SDM to recover the same as arrear of land revenue.

In view of the above, Delhi Police may be directed for constant vigil so that encroachment will not resurface again. As there is no encroachment as on day, hence no action is warranted on the part of DPCC. The present action taken report may kindly be taken on record.”

In view of above, no further order appears to be necessary at this stage except that DPCC may maintain vigil and if necessary, coordinate with concerned authorities, including Delhi Police to protect the park.

The application is disposed of.