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Judgment
In this original application, Applicant has raised the grievance against the illegal construction of a commercial complex situated at Khasra No. 203/1, opposite Aya Nagar Akhada, M.G. Road, Aya Nagar Village Delhi 110047. As per the allegation, the construction is on the land adjoining the Aravalli forest land. Learned Counsel for the Applicant has fairly admitted that the construction is not on any green area. The jurisdiction of Tribunal can be invoked when there is any violation of the environmental norms or violation of provisions of Scheduled enactments. A limited issue in this regard is pointed out by the Counsel for the Applicant that the garbage arising out of the said construction is dumped into the green zone area considered as an extension of Aravali forest land. Even the details of such green area where the dumping is taking place, has not been disclosed. The record reflects that the Applicant has filed a complaint before the Member Secretary, Delhi Pollution Control Committee (DPCC), Annexure P-4 on 03.04.2024.
We are of the view that such a complaint can be considered by the Member Secretary, DPCC.
Hence, the OA is disposed of by directing the Member Secretary, DPCC to duly consider the complaint Annexure A4 submitted by the Applicant and take appropriate remedial action in accordance with law within three months.
A copy of this order along with copy of complaint Annexure A4 be forwarded to the Member Secretary, DPCC by e-mail for compliance.