ORDER

1. This order will dispose of I.A. Nos. 109 to 111/2021 filed by Mr. Virender Singh and 19 others seeking impleadment, quashing of closure notice dated 24.02.2021 issued by the East Delhi Municipal Corporation (EDMC) and stay of the said closure notice respectively. The fact remains that this is indirect method of challenging the said notice by way of an IA, though otherwise NGT is neither appellate forum against the said notice nor original challenge is maintainable. Ground for taking this route is said to be (cid:145)misinterpretation(cid:146) of NGT order by the EDMC. However, we have heard learned Counsel for the applicants at length on merits. Earlier the applicants moved the Delhi High Court by way of writ petition which was withdrawn to move this Tribunal.

2. The applicants have referred to five earlier orders of this Tribunal dated 30.11.2018, 19.02.20219, 11.09.2019, 25.02.2020 and 06.11.2020 in the main matter, which is now fixed for further hearing on 22.6.2021. The issue raised in the main application concerns pollution of irrigation canal near Sector 137, NOIDA.

3. We may give a brief resume of the five orders referred to in the application to understand the background. Vide first order dated 30.11.2018, the Tribunal sought a factual report from NOIDA and UPPCB in response to allegation of pollution of the drain in question. As per report dated 14.02.2019, it was stated that apart from local pollution, pollution from Delhi (Village Kondli) was also being discharged into the drain. Accordingly, vide second order dated 19.02.2019, the Tribunal directed the CPCB, DPCC, DJB and EDMC to be part of the joint Committee apart from the UP PCB and NOIDA. The said joint Committee gave its report dated 18.04.2019 and supplementary report dated 08.07.2019 inter alia stating that source of pollution in Delhi was unauthorized colonies namely GD colony, Gharauli village and Kondli village which were discharging their untreated sewage to drainage system meeting the drain in question at Noida Sector 137. It was recommended that in respect of pollution in Delhi, action should be taken by EDMC and DJB which should include decentralized treatment facility for the dairy farms at Gharauli village. In the supplementary report it was mentioned that CPCB mentioned that it has given direction under Section 5 of the Environment (Protection) Act, 1986 in respect of Delhi as follows:-

(cid:147)1. Directions issued to EDMC:

i. To direct dairy farms to develop decentralized treatment facility so that their untreated waste shall not be discharged to DDA drainage system.

ii. To ensure that untreated dairy waste including animal dungs from Gharuli village should not be discharged into storm water drain. Challan / Legal action shall be initiated against such violators.

2. Directions issued to DJB:

i. To initiate legal proceedings against the residents of GD colony, Gharauli village and Kondli village, Delhi having failed to take sewer connections.

ii. To ensure that each building under their jurisdiction shall have sewer connection so that current practice of discharge of untreated sewage into storm water drainage system should be stopped.(cid:148)

4. The statutory direction of CPCB is not under challenge. The Tribunal, accordingly, vide third order dated 11.9.2019, directed further remedial action, including taking of performance guarantee from the EDMC and DJB. The matter was then considered by the fourth order on 25.02.2020 in the light of status report dated 01.11.2019 filed by the CPCB. In respect of the subject in question, the status was mentioned as follows: