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2024 Supreme(Online)(NGT) 243

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
MR. JUSTICE PRAKASH SHRIVASTAVA, CJ, MR. JUSTICE SUDHIR AGARWAL, J, MR. JUSTICE ARUN KUMAR TYAGI, J
NIZAMUDDIN WEST ASSOCIATION – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Petitioner:
For the Respondent: VIVEK CHIB

JUDGEMENT

BY HON’BLE M R. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER 1. BLK (North) GK-I RWA (hereinafter referred to as ‘IA applicant’ ) has instituted IA No. 537/2023 in OA 06/2012 and 352/2023 vide letter dated 16.05.2023, filed in Tribunal on 17.05.2023. Application on behalf of Resident’s Welfare has been signed by Shri B.B. Patel, President; Dr.

Sanjay Sachdeva, Sr. Vice President; and Dalip Jolly, Vice President. It is complained that residents of above society are suffering for the last 25 years i.e., 1990 due to illegal/unauthorized discharge of untreated sewage in rainwater/storm water drain (Kushak Drain) wherein concerned authorities have not provided a cover/lid on the drain touching houses covered. The uncovered portion acts as a chimney like outlet wherefrom extremely obnoxious and poisonous gases are emitted/released.

Poisonous and obnoxious gases enter straight into the house’s kitchens/bedrooms of the residents making the life a living hell, 24 hours Tribunal’s Order dated 09.01.2024 110-113 110-111 Joint Report dated 19.02.2024 filed by MCD and DJB 114-116 111-112 Objections dated 22.02.2024 filed by applicant 117-118 112-113 Tribunal’s Order dated 01.04.2024 119 113 S



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