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Judgment
Grievance in this Execution Application is against non-compliance of order of this Tribunal dated 21.08.2019 in O.A. No. 211/2019, Sunil Kumar v. Delhi Pollution Control Committee & Ors. The operative part of the said order is as follows:-
"1. The issue for consideration is the operation of garbage godowns in Ward No. 60E Soniya Vihar, Shahdara, Delhi, without consent to operate causing noise and air pollution beyond the prescribed norms, affecting health of the inhabitants.
The Tribunal considered the allegations that there are 400 garbage godowns where garbage is continuously burnt and high decibel noise pollution is created. In the said godowns, there is breakage of iron and steel garbage, releasing dangerous oxides. Godowns do not have any consent to operate or registration under the Plastic Waste Management Rules, 2016 and are violating general standards prescribed under Schedule VI, and specifically under Serial. No. 100 (Common Hazardous Waste Incinerator) of Schedule I of the Environment (Protection) Rules, 1986.
Vide order dated 26.03.2019, the Tribunal sought a factual and action taken report from the Commissioner, East Delhi Municipal Corporation (EDMC) and the Member Secretary, Delhi Pollution Control Committee (DPCC).
Accordingly, report is said to have been filed on 26.04.2019 to the effect that the activities in question are illegal in view of judgment of the Hon'ble Supreme Court in M.C. Mehta vs. Union of India, (2004) 6SCC 588 requiring non-conforming activities to be shifted from the residential areas. The DPCC conducted inspection and prepared a list of 112 godowns/scrap godowns on 15.04.2019 and the SDM issued orders for stopping of the said illegal activities. Some of them approached the Delhi High Court by way of W.P.(C) 4288/2018 and CM APPL. 19117/2019, Sonia Vihar Iron & Timber & Ors. vs. The Sub Divisional Magistrate & Ors. wherein a joint team was directed to be constituted to conduct inspection and take appropriate action against illegal activities in non-conforming areas. During the hearing, we are informed that the said matter has now been disposed of on 12.07.2019
Additional compliance report was filed on 29.05.2019 on the subject of assessment of environment and damage compensation. Another additional action taken report has been filed on 24.07.2019. A report has also been filed by the EDMC on 09.05.2019 which is also to the similar effect.
In view of above, no further order is necessary except to direct the Commissioner, EDMC and the Member Secretary, DPCC to continue to maintain vigilance for compliance of law.
It will be open to the applicant to furnish details of non-compliance, if any, to the EDMC and the DPCC for further action."
The matter was earlier considered vide orders dated 02.12.2020 and 09.06.2021. After considering the report filed by DPCC on 05.03.2021, the Tribunal found that requisite action had not been taken
which called for fixing accountability of the Chairman and Member Secretary, DPCC. The Tribunal directed Member Secretary, DPCC, the Commissioner, EDMC and the Special Commissioner, Delhi Police (Eastern Range) to remain personally present by video conferencing, alongwith compliance status.
Accordingly, a further report has been filed on 15.09.2021 stating as follows:-
"2. That in compliance of the order of order dated 09.06.2021, a meeting was taken by the Member Secretary, DPCC on 14.06.2021, wherein it was decided to carry out extensive survey of the area by joint team of DPCC officials, officials of Revenue Department, EDMC and BSES at the earliest.
That, Joint team conducted door to door joint inspections of the Sonia Vihar-Sabhapur area from 15.06.2021 to 17.06.2021. Total 166 premises were inspected by the joint team. The inspection findings and action taken thereof in tabulated format is annexed herewith as Annexure-I.
The inspection on the field shows that no illegal activity has re-started. The breakup of 166 premises inspected by the joint team is as under:
Premises sealed by DPCC for carrying out industrial activity in violation of the Water and Air Act- 07
Premises sealed by EDMC for violation of the MCD Act- 16
Premises found vacant - 143
That, the premises which were sealed by DPCC, have been issued show cause notices for imposing environmental damages compensation (EDC).
That most of the godowns are being used to store building material scraps such as tor steel, channels and shuttering material which are procured from dismantled building and are sold for re-use/ reprocess. Some photographs in this regard are annexed herewith as Annexure-II.
That, Chairman, DPCC also taken a meeting on 08.07.2021 and it was requested to the Commissioner, EDMC to resolve the issue among various authorities whose staff is working on ground. It was also directed that complainant may also be consulted for his grievance The minutes of the meeting is annexed as Annexure- III.
That, Deputy Commissioner, EDMC has also taken a meeting on 16.07.2021 wherein it was decided that monthly inspection be carried out by team consisting of officials from Revenue Department, DPCC, EDMC and BSES and on the spot action be taken against illegal activities/illegal godowns. The complainant was also present in the meeting, who appreciated the effort of sealing drive conducted by the joint team and confirmed that no illegal activity at present is taking place in the area. The minutes of the meeting is annexed as Annexure-IV.
That, area where action was initiated by the joint team, was re-surveyed on 28.08.2021 and 09.09.2021 and it was observed that the seal of all the units is intact. Further, no unit was re-surfaced or started its operation. The joint inspection reports are annexed as Annexure-V."
The officers whose presence has been shown above are present in person by Video Conferencing. In view of the compliance report, no further order appears to be necessary.
The application is disposed of.