Tribunals and CommissionsFull Bench(2021) 11 NGT CK 0002

Ram Prakash Sherawat vs Govt. of NCT of Delhi & Ors

National Green Tribunal · Decided on 1 November 2021

HON’BLE JUDGES
Sudhir Agarwal, JM · Brijesh Sethi, JM · Dr. Nagin Nanda, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 257 Of 2021

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Judgment

5 paragraphs · 330 words
1.

In this application, Sri Ram Prakash Sherawat, Applicant has raised complaint of dumping/collection of storage of construction materials like Bajri (Red sand), Rodi (Stone pebbles) Badarpur (river sand) Kiln bricks, cement and other building materials near Mahipalpur-Rangpuri Road Traffic Junction (chotti Batti) which is causing heavy air pollution affecting health of local residents including applicant and also school going children since there is a school just at a distance of 15 meters from the site where building material is collected/stored by Respondents 2 and 3. It is further stated that said collection of building material is without complying with the requisite environmental norms and without obtaining statutory clearance/consent/NOC from Statutory Regulators.

2.

There are some other issues raised by applicant with regard to height of building and sale of potable water, supplied by Delhi Jal Board, by tankers. However, Learned Counsel for applicant submits that those issues are not connected with the issue relating to environment which is cognizable by this Tribunal under National Green Tribunal, 2010 and therefore he is confining his grievance only w.r.t. to the collection of building material by Respondents 2 and 3 at the site in question.

3.

In our view, so far as this aspect is concerned, the matter may be examined by the authorities concerned and hence we direct that a joint Committee comprising of DPCC, District Magistrate, South Delhi and concerned Deputy Commissioner of Police having territorial jurisdiction in the matter, shall visit the site and find out whether there is violation of environmental norms and environmental laws by respondents 2 and 3 and if the complaint is found correct, remedial measures shall be taken by the said authorities, without any further delay.

The application is disposed of with the above directions. The compliance of above directions shall be observed by the said authorities within two months.

A copy of this order be forwarded to the DPCC, District Magistrate South Delhi and concerned Deputy Commissioner of Police by email for compliance.