2023 Supreme(Online)(NGT) 565
Item No. 9 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI.
Review Application No. 02/2023 In Original Application No.528/2022 (I.A. No. 34/2023)
Amit Sharma ...Applicant Versus Vivekanand School & Ors. ...Respondents Date of hearing: 17.03.2023 CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: Applicant in person.
Review Application under Section 19 (4) (f) of the National Green Tribunal Act, 2010.
ORDER
1. The applicant has filed the present application for review of order dated 17.10.2022 and reconsideration of the matter after revised inspection and then initiate action against the principal and the Chairman of the School managing committee in their individual capacities and not to impose fine on the school because school money belongs to the students.
2. The applicant has filed the present review application on the averments that the applicant is not satisfied with the report of the Joint Committee. The members of the Joint Committee did not physically inspect the premises of the school and submitted the report based on the statement of Shri Manoj Kumar, the building caretaker of school.
3. The point-wise submissions of the applicant on the status report of the joint committee constituted by this Tribunal are as under:-
“1. 12 BORE-WELLS i. The petitioner still insists that there are 12 bore-wells in the school and all the twelve are functional. The petitioner does not agree with the report of the Joint Committee. The members of the Joint Committee have not physically inspected the premises of the school and have submitted the report based on the statement of Shri Manoj Kumar, building caretaker of school which states as under:-
"Shri Manoj Kumar (building caretaker of Vivekanand School) also confirmed that there is no other bore-well in the school premises.
In order to support his claim, the complainant is attaching a layout with accuracy the presence of all the 12 bore wells as ANNEXURE.
ii. Further, the school has installed a fountain at the entry gate. It fills with more than 5000 liters of water for operation. The school is either using ground water with bore-well or the fountain is operational with fresh drinking water supplied by DJB, meant for about 4,700 children + 200 teachers + 100 support staff which is an offence and is highly objectionable when there is so much of shortage of water in Delhi.
iii. Secondly, the school has only two DJB water meter connections which are not sufficient to meet the drinking water requirement of 4700 students + 200 teachers + 100 support staff. It is only because of the said problem that the school installed a commercial RO system with filtration capacity of 1000 liters with a bore-well.
iv. The Joint Committee failed to observe the water fountain in the school premises. The Joint Committee failed to verify the DJB water bills and the Joint Committee also failed to comment as to where from the deficit of the water is met or will be met by the school in the absence of the bore-wells.
v. The school be directed to submit the water bills to support their claims that they are not using ground water from bore-wells for drinking, for toilets and for other day to day activities vi. There is no system of water re-cycling in the fountain.
2. 1000 LITRES COMMERCIAL RO The Joint Committee confirmed in the report that one RO system was present in the school premises but gave a clean chit to the school by concluding that the representative of the school informed that it is non functional. The Joint Committee failed to physically check whether the RO system was working or not but simply concluded the report on the basis of the statement of the school representative. In fact the RO system is actually working and is being serviced from time- to-time because yearly AMC is signed by the school for the same.
3. 11000 KV TRANSFORMER There is a 11,000 KVA electricity transformer installed in the school. No security measures/protocol is in place for the same. The primary students’ entry and exit is just next to the said transformer. Despite multiple complaints from the parents no action has ever been initiated by the officials of Delhi Govt./Delhi Police against the school management. There is no fire and electricity safety protocol in place near the said transformer.
4. 100 LITRES DIESEL IN STOCK The Joint Committee has confirmed the presence of two DIESEL GEN SETS installed on roof top of the school but has