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Judgment
This application seeks review of order of this Tribunal dated 21.08.2019.
By the said order, this Tribunal dealt with the issue of air pollution caused in the operation of garbage godowns in Ward No. 60E Soniya Vihar, Shahdara, Delhi, in violation of the environmental norms. The Tribunal constituted a joint Committee of Commissioner, East Delhi Municipal Corporation (EDMC) and the Member Secretary, Delhi Pollution Control Committee (DPCC). Considering the report filed by the said Committee on 26.04.2019 giving a list of 112 godowns operating in violation of Judgment of the Hon'ble Supreme Court in M.C. Mehta vs. Union of India, (2004) 6SCC 588, the Tribunal disposed of the matter with a direction to the EDMC and DPCC to proceed as per law and to maintain vigilance. The Tribunal also noted that the Delhi High Court had already directed constitution of an inspection team to take action against illegal activities in non-conforming areas.
The operative part of the order of this Tribunal is reproduced below:-
"2. 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."
It is stated that a Writ Petition was filed before the Delhi High Court being Writ Petition (C) 7882/2021, Sonia Vihar Iron & Timber Scrap Traders Association v. East Delhi Municipal Corporation & Ors. against show cause notice and order of cancellation of licence and sealing of godowns which came up for hearing on 25.08.2021. The stand of the EDMC was that action was initiated in view of order of NGT dated 09.06.2021 in Execution Application No. 27/2020 in O.A. No. 211/2019, to enforce the earlier order of this Tribunal dated 26.03.2019. The Writ Petitioner sought permission to withdraw the petition to move this Tribunal as the action was in pursuance of order of this Tribunal.
In the review application, the contention raised is that the applicants are not in any manner covered by orders of this Tribunal and they are not violating any provision nor they were party before this Tribunal. The order of this Tribunal is not applicable to them as they are not in non-conforming area nor they are operating in violation of judgment of the Hon'ble Supreme Court in M.C. Mehta vs. Union of India, (2004) 6SCC 588.
We have heard learned Counsel for the applicant.
We find that the said authorities have passed the orders on the basis of activity of the applicant being illegal and in non-conforming area. If it is not so, this has to be established before the concerned authorities. If the applicant is aggrieved by coercive action, remedy by way of statutory appeal before this Tribunal is also available. In absence of any error in the order of this Tribunal requiring compliance of directions of Hon'ble Supreme Court to shift non-conforming activities from residential areas, there is no ground to review of the said order of this Tribunal, as sought in this petition.
The review application is accordingly dismissed without prejudice to any other remedy of the applicant in accordance with law.
All pending M.A.s and I.A.s also stand disposed of.