Rajan vs Central Ground Water

Sudhir Agarwal, Judicial Member

This Original Application (hereinafter referred to as ‘OA’) has been filed under Section 14, 15, and 18(1) and (2) of National Green Tribunal Act 2010, by one Rajan, raising a grievance that ground water is being illegally extracted by respondent 8 i.e., New Waqt Club, office at Y-842, Mangolpuri, New Delhi.

Noticing the fact that a substantial question relating to environment arising from the implementation of the enactments mentioned in Schedule 1 of NGT Act 2010. Tribunal found it appropriate to obtain a factual report for which joint Committee comprising Delhi Jal Board (hereinafter referred to as ‘DJB’) and Deputy Commissioner, North-West District, Kanjhawala was constituted. No report was submitted when the matter was taken on 18.11.2020. Tribunal was informed that Sub-Divisional Magistrate was required to carry out inspection but that could not be done due to COVID- 19. Tribunal, therefore, directed SDM Khanjawala to furnish factual and action taken report by the next date.

The matter was taken on 03.02.2021, still no report was received from the concerned authority. Consequently, Tribunal passed order, stating in para 3, as under:

“In view of above, let the DPCC and the SDM, Kanjhawala take remedial action and file compliance report 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. The DPCC will be the nodal agency for coordination and compliance. Since the statutory authorities have to exercise their statutory powers, it is not necessary for the Tribunal to hear the alleged violator.”

Pursuant thereto, Delhi Pollution Control Committee (DPCC) has submitted action taken report dated 13.09.2021 stating that officials of DPCC and SDM, Kanjhawala inspected the premises on 10.09.2021 and did not find any bore well at Ramleela ground.  Further at the address Y-842, Mangolpuri, they did not find existence of respondent 8 and instead one Raju was residing therein who stated that the house was purchased by him from Lalit Prasad Sinha about two years back. Para 2, 3 and 4 of the report read as under:

“2. That, officials of the DPCC and SDM office inspected the mentioned site on 10.09.2021. During the inspection following was observed:

(A) At, Ram Leela Ground, no borewell found. Upon enquiry from nearby residents, Ram Leela was not organised on this ground in 2020, water tankers were used for drinking purpose in earlier functions. Ground is also used for marriage functions and maintained by SDMC.

(B) Y-842, Mangolpuri was also visited by the joint team, the premises is being used by some “Sh. Raju” and he informed that he has purchased this house from Sh. Lalit Parshad Sinha about 2 year back before his death.

Copy of the inspection report dated 10.09.2021 is enclosed herewith as Annexure-1.

M/s New Waqt Club does not exist at Ram Leela ground or Y-842, Mangolpuri, as mentioned in the OA.

In view of the above findings, no action is warranted by the joint team.”

In view of the above report, where against no objection has been filed by applicant, we find no occasion to pass any further order.

OA No. 47/2020 is disposed of accordingly.