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Judgment
In the Original Application No. 86/2023, registered on the basis of the letter petition, applicant had raised the grievance that in front of Shram Vihar, Metro Pillar No. 189, PS-Shaheen Bagh under South East District of Delhi, UP Irrigation Department had illegally occupied the land of the applicant of Agra Canal through land mafias and started grinding stones by big machines and has caused pollution.
The Tribunal by order dated 13.03.2023 had constituted a joint Committee with a direction to the Committee to visit the site, collect relevant information and if find violation, take appropriate remedial action, including preventing and punitive action. There was a further direction to file action taken report with the Registrar General, NGT and to place the matter before the Bench, if found necessary. The OA was accordingly disposed of.
Present MA has been registered on the basis of the action taken report of Delhi Pollution Control Committee (DPCC) submitted in compliance of order of the Tribunal dated 13.03.2023. As per the said report, the site inspection was done by the joint team on 05.04.2023 and following position on the spot was noticed:
“1. The land as mentioned is about 0.5 Acre (approx.). However, details regarding land ownership could not be gathered during inspection.
Big stones, crushed stones and heaps of dust were lying on the mentioned land.
No dust control measures were being followed at the site.
05 stone crusher machines along with tractors, 01 JCB machine & 01 truck filled with stone dust were also present there.
No stone crushing was observed during the time of inspection but it seemed that stone crusting/ grinding may happen during the night time.”
Thereafter, the action was initiated and SDM had passed the order dated 12.04.2023 imposing compensation/penalty @ Rs. 30,000/- on one Sh. Brijesh alias Papu son of Late Shri Bramprakash. On payment of the said compensation amount, the case was closed by passing a release order.
The report mentions that the second joint inspection was done on 15.05.2023 and the Committee had found as under:
“1. Heaps of gravel (Crushed Stones) were observed at the site in final touch condition (ready to sale/use).
Heaps of pieces of stone/boulders were observed at the site.
No crushing machine and workers were available at the site during inspection. However as report by locals, the work of stone crushing is carried out in night hours.
Subsequent to the earlier inspection dated 05.04.2023 stone crushing machines were seized by Delhi Police and fine was imposed by SDM concerned of an amount of Rs. 30,000/- on 12.04.2023. After the fine was received from Sh. Brijesh @ Papu S/o late Sh. Bramprakash, R/o H.No. 135, Bhaged Mohalla, Madanpur Khadar, his machines/ material were released.
Heaps of municipal solid waste were observed during inspection surrounding the stone crushing site in approximate 600 to 700 sq meter area.
Some Yellow Bags (used for disposal of Bio Medical Waste) were observed in heap. However after opening them, No Bio Medical waste was observed.
Segregation of waste was also observed at some sites. Workers were not able to provide the details of the owners. However it was reported by local residents the waste pertains to:-
a) Sh. Fardeen, Add, N-33, Abul Fazal Enclave, Jamia Nagar
b) Mohd. Ibhraim Add;- H. No. 463, Gali No. 2, Taimur Nagar
c) Sh. Surrender Singh
d) Saleem
As reported by locals and workers the waste comes from the hotels of Aerocity and Mahipalpur areas.
During inspection some vehicles (Two wheelers) were observed at waste site bearing No. DL 3SF A1790, DL 3SE P4537.
It was reported by Patwari (DM South-East) that the land pertains to UP irrigation department but in jurisdiction of Delhi (DM South East).
Sh. Dheeraj, Assistant Engineer of UP irrigation department was contacted on Mobile No. 9289124950 and he reported that letters has been written to Delhi Police dated 23.04.2022, 04.05.2023 & 11.05.2023 for taking necessary action at their end but no action taken report has been provided by the concerned till today.
The Delhi Police team was also directed by the team to seize the machinery/ equipment whenever it is found working/ operating in day/ night time and completely stop the such stone crushing activity.”
The report further reflects that the DPCC had issued direction for imposing environmental damages compensation on 30.05.2023 to Sh. Brijesh alias Papu to the tune of Rs. 25,000/-. The further action thereafter is not before the Tribunal.
Hence, we call for a fresh action taken report by the joint Committee constituted by order dated 13.03.2023. Let the fresh report be submitted within two months before the Registrar General of the Tribunal by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If found necessary, the matter will be listed before the Bench for consideration.
MA is accordingly disposed of.