IN THE HIGH COURT OF DELHI AT NEW DELHI
Satish Chandra Sharma, Sanjeev Narula, JJ.
Court On Its Own Motion – Appellant
Versus
South Municipal Corporation of Delhi & Ors. – Respondents
W.P.(C) 1280 of 2020
Decided On : 18-08-2023
Pollution - Environmental Laws - Delhi Municipal Corporation Act, 1957 - Factories Act, 1948 - Environment (Protection) Act, 1986 - [POLLUTION] - [ENVIRONMENTAL LAWS] - [Delhi Municipal Corporation Act, 1957, Factories Act, 1948, Environment (Protection) Act, 1986] - The court discussed the pollution issues arising from the dumping of electronic, plastic, and medical garbage in various villages. It highlighted the regulatory framework under the Delhi Municipal Corporation Act, 1957, Factories Act, 1948, and Environment (Protection) Act, 1986, including the issuance of licenses, pollution control norms, and the actions taken by the municipal corporations to address the pollution problem.
Fact of the Case:
The court took suo moto cognizance of pollution in Mundka village and other villages due to dumping of electronic, plastic, and medical garbage. The respondents submitted status reports detailing the regulatory actions taken by the South Delhi Municipal Corporation and North Delhi Municipal Corporation to address the pollution issues.
Finding of the Court:
The court found that the municipal corporations had taken steps to regulate industrial units, issue licenses, and enforce pollution control norms. It directed the Municipal Corporation of Delhi to ensure strict compliance with environmental laws and conclude actions against violating units within four months.
Issues: The main issue was the pollution caused by the dumping of electronic, plastic, and medical garbage in various villages. The court also addressed the regulatory actions taken by the municipal corporations and the need for compliance with environmental laws.
Ratio Decidendi: The court emphasized the importance of strict compliance with environmental laws and directed the Municipal Corporation of Delhi to take appropriate action against violating units. It highlighted the regulatory framework under the Delhi Municipal Corporation Act, 1957, Factories Act, 1948, and Environment (Protection) Act, 1986.
Final Decision: The petition was disposed of, and the Municipal Corporation of Delhi was directed to ensure strict compliance with environmental laws and conclude actions against violating units within four months.
JUDGMENT
Satish Chandra Sharma, C.J. This Court has taken suo moto cognizance in the matter based upon the letter dated 17h July 2019 received by the Registry in respect of pollution in Mundka village and other villages arising out of dumping of electronic, plastic and medical garbage as well as discharge from other polluting industrial units.
2. The Complainant through the aforesaid letter highlighted the deteriorating living conditions in Mundka Village due to extreme pollution level. The prevailing problem of pollution is due to issues related to garbage including articles of Electronics, Computer Parts, Pipe, Bathing Tub, Rubber, Polythene, Medical Garbage etc. The complainant further contends that the business of plastic is rising approximately in all villages (Mundka, Nangloi, Ranhola, Bakkarwala, Neelwal, Tikri, Ghevra, Nijampur, Ranikheda, Madanpur Dabas, Puthkalan (near Sultanpuri) Kamruddin Nagar, Naresh Park, Nangloi etc).
3. This court issued notice in this matter on 07.02.2020 and in compliance of orders passed by this court, the Respondents have submitted Status Reports from time to time before this court.
4. The respondent/South Delhi Municipal Corporation (SDMC) vide status report dated 07.12.2021 submitted before this court that Ranhola Redevelopment Industrial area is the only area under the Jurisdiction of SDMC out of all areas mentioned in the present petition. Rest of the area mentioned comes under the jurisdiction of the North Delhi Municipal Corporation (NDMC). On Inspection and field survey of Ranhola Development area, it transpired that there are a total 41 plastic/PVC units existing in the said area. Out of these 41 units, there are 13 units which have been issued valid Municipal Factory Licenses by the SDMC. Rest of the 28 units do not have pollution certificates from Delhi Pollution Control Committee due to which Municipal license has not been granted to them. It is stated in the status report that in these 41 units, no kind of burning of waste was found. The status report further states that efforts are being made by the respondent SDMC to identify more such units dealing in plastic trade. No plastic/PVC wholesale market is situated in Ranhola area. During inspections of the area on a number of occasions, no activity of mass burning of plastic/PVC was found, except for a few instances, which were stopped and warnings were issued in this regard by Respondent SDMC.
5. It is further submitted by the SDMC that industrial units are regulated and kept in check through Pollution Control norms implemented by Delhi Pollution Control Committee (hereinafter referred as "DPCC"). After obtaining the Pollution Control Certificate, the Unit Operators can apply for Municipal Factory Licenses, Challans are issued by SDMC under section 416 of the Delhi Municipal Corporation Act, 1957 (DMC Act) against the unlicensed units. Further, any pollution making units found in the industrial areas are sealed by DPCC and Environmental Damage Charges (EDC) are imposed on defaulter factories. The status report further reveals that SDMC has sealed 831 illegal industrial units in residential areas of South Delhi which also included pollution spreading units like Autoworks, Injections moulding, dyeing/coloring, Plastic industries etc. SDMC presently, is taking up closure of coloring/dyeing units in the area of Meethapur, Badarpur for which a survey by a Drone was carried out, thus increasing the efficiency of the inspection. Regarding the disposal of plastic garbage, it has been stated that the same is sold by the industry operators to Waste dealers/Kabariwala and the SDMC is keeping a check over it also. Further, Industrial waste disposal system through Effluent Treatment Plant (ETP) are permitted by DPCC to ensure that the waste of chemicals, fumes and water are not released in the atmosphere and the ETP ensures its safe disposal. SDMC issues only Factory Licenses to industrial units subject to fulfillment of pollution norms a
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