ORDER

1. This Original Application was filed with a complaint that respondent no. 6 is operating an illegal scrap shop in Khasra No. 34/17 and 24, Ground Floor, (Landmark near Wine Ship) Village Samaipur, Delhi and causing damage to environment.

2. This Tribunal issued notices on 12.05.2023, pursuant whereto, response/Status Report was filed by DPCC vide e-mail dated 24.07.2023 which was considered on 04.09.2023. The relevant extract of Report was reproduced in para 5 of the said order, as under:

(cid:147)5. Status report has been filed on behalf of DPCC vide email dated 24.07.2023. The relevant part of the status report has reproduced as under:-

(cid:147)STATUS REPORT ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE IN COMPLAINCE TO THE ORDER DATED 12.05.2023.

X X X X

2. That, in compliance of the order dated 12.05.2023 passed by this Hon(cid:146)ble Tribunal a joint inspection of the site was carried out on 10.07.2023, by the officials MCD and DPCC. During the inspection it was observed:

a) Unit named (cid:147)Jayant Iron Store(cid:148) found existing and is a kabadi/ scrap shop engaged in the activity of storage/ segregation/ trading of scrap and found non-operational during inspection.

b) Unit owner/ representative shows the MCD license.

c) Scrap (iron, etc.)/ material found being loaded in a truck and as information/ told by Sh. Jayant Kumar, owner/ representative of unit that they are shutting down the unit &

vacating the premises.

d) Some shuttering work material like fatti, balli etc. found in the premises.

Copy of the inspection report alongwith geo-tagged photographs taken during inspection are enclosed herewith as ANNEXURE-1 (Colly).

3. That, MCD has submitted ATR dated 19.07.2023 in view of the joint inspection of the site which was carried out on 10.07.2023. MCD has conducted field inspection of site in question on 19.07.2023. No scrap / Kabadi shop was found running/ operational from location/ site. Copy of the ATR submitted by MCD alongwith geo-tagged photographs taken during inspection by MCD are enclosed herewith as ANNEXURE-2 (Colly).

4. The president of RWA informed that scrap shop was functioning on encroached DDA Land, which was found vacated by MCD on 19.07.2023.(cid:148)

3. This Tribunal found that the report was not satisfactory and have not given complete information on various aspects and made its observations in para 6 of order dated 04.09.2023 as under:

(cid:147)6. We have gone through the status report and find that the approach adopted by DPCC to enforcement of the environmental laws is faulty and highly unsatisfactory. Further, the status report filed by the DPCC is also materially deficient. In the status report it was mentioned that unit named Jayant Iron Store was found existing which was a kabadi/scrap shop engaged in the activity of storage/segregation/trading of scrap. The said unit was found non-operational during inspection. In the status report it has not been mentioned since when the said unit was operating. DPCC has felt contended in merely reporting that on the day of inspection scrap, iron, etc./material was being loaded in a truck and as per information given by Mr. Jyant Kumar, owner/representative of the unit he was shutting down the unit and vacating the premises. In its report the DPCC has not mentioned to whom the premises belonged and what was the status of Mr. Jayant Kumar regarding the premises in question. No information was obtained from concerned Governmental Agencies namely DDA and MCD regarding the same despite the fact that general trade/storage license had been issued by MCD, Central Licensing and Enforcement Cell to Mr. Jayant Kumar which was valid upto 31.03.2024. In the status report it has been merely mentioned that the President of RWA informed that the shop was functioning on encroached DDA land. In the status report filed by the DPCC it has not been verified as to whether there was any violation of the environmental norms by the Project Proponent or not and no action has been ini