Tribunals and CommissionsFull Bench(2023) 02 NGT CK 0005

Sanjeev Kumar vs Devendra Singh

National Green Tribunal · Decided on 9 February 2023

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Prof. A. Senthil Vel, EM
RESULT
Disposed Of
CASE NUMBER
Original Application No. 56 Of 2023

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Judgment

7 paragraphs · 435 words
1.

Grievance in this application is against operation of illegal factories in residential areas of Delhi particularly Karawal Nagar (including adjoining areas of Shaheed Bhagat Singh, Mukund Vihar, Mangal Bazar, New Sabapur Gujran and Prakash Vihar). The factories are jean factories, chemical factories, iron factories, plastic factories and go-downs which are not allowed to be run in view of judgment of Hon’ble Supreme Court in M.C Mehta v. UoI & Ors. (2004) 6 SCC 588.

2.

The matter has been earlier considered by this Tribunal vide order dated 10.12.2020 in a group of matter which included O.A No. 601/2018, In the matter of news articles by Mayank Manohar & Paras Singh, Reporter Times of India v. Govt. of NCT of Delhi & Ors. This Tribunal inter alia considered news item dated 20.08.2018 that 51,837 factories were operating illegally in non-conforming areas in Delhi and noted that in terms of Hon’ble Supreme Court judgment, the Chief Secretary, Delhi is to head the Committee for enforcement of the order. The Chief Secretary, Delhi  appeared  before  this  Tribunal  on  19.11.2019  and  the  Tribunal directed time-bound action plans. In the light of further action taken reports, the matter was disposed of on 10.12.2020 with following directions:-

“13. The matter having been monitored before this Tribunal for more than seven years, we do not find it necessary to keep the matter pending for indefinite period. It is for the statutory authorities to continue further steps for enforcement of environmental norms as per law. In view of order dated 20.3.2020, disposing of the final report of the OC headed by Justice Pratibha Rani, former Judge, Delhi High Court, further monitoring will be in terms of order of the Hon’ble Supreme Court in M.C. Mehta (supra), by the Chief Secretary, Delhi.

14.

Accordingly, we close the proceedings with hope and expectation that the concerned authorities will take necessary steps for maintaining environmental norms. There has to be continuous vigil against causing of pollution, particularly burning of plastic and other waste for protection of environment and public health. The amount of compensation recovered must be properly utilized for legitimate purpose with the approval of the CPCB, as already directed. If there is any violation of environmental norms, the aggrieved party will be free to take remedies as per law, as and when necessary.”

3.

In view of above, the Chief Secretary, Delhi and DPCC may look into the grievance in this application and take remedial action in accordance with law.

The application is disposed of.

A copy of this order be forwarded to the Chief Secretary, Delhi and DPCC by email for compliance.