2023 Supreme(Online)(NGT) 205
Item No.12 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI (Through Physical Hearing with Hybrid VC Option)
M.A. No. 66/2023 IN Original Application No. 168/2022 Mudit Kumar Applicant Versus Govt. of NCT of Delhi& Ors. Respondents Date of hearing: 09.04.2024 CORAM: HON(cid:146)BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON(cid:146)BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant:- Applicant in person.
Respondents:- Ms. Jyoti Mendiratta and Ms. Ananya Basudha, Advocates for respondent no. 2- PWD and respondent
3-I&FCD(through VC).
Ms. Sakshi Popli, Advocate for respondent no. 4-DPCC (through VC).
Ms. Kritika Gupta, Advocate for respondent no. 5-DDA (through VC).
Mr. Balendu Shekhar and Ms. Tanisha Samantha, Advocates for respondent no. 6-NHAI (through VC).
Non for respondent no. 1-MCD.
Application is registered based on a complaint received by Post.
ORDER
1. Mr. Mudit Kumar resident of G-326, Karkardooma Court, Delhi had sent by post the present letter petition to this Tribunal, which was treated and registered as O.A No. 168/2022.
2. The applicant complained about running of illegal fish market on DDA land at Pahla Pushta, New Usmanpur, Front Road in Yamuna Khadar causing environmental pollution, posing serious health hazards to the local residents besides problems of traffic jams and other unsocial activities.
3. In view of the grievances made in the letter petition, a Joint Committee comprising Delhi Pollution Control Committee (DPCC), Delhi Agricultural Marketing Board, Government of NCT of Delhi, and Deputy Commissioner, Shahdara was constituted vide order dated 05.05.2022 with direction to verify the factual position, look into the grievances of the applicant and take remedial action in accordance with law after following due process within one month from the date of receipt of a copy of the order and submit Factual and Action Taken Report before Ld. Registrar General of this Tribunal who was directed to put up the matter before the Bench for further directions, if necessary and the application was disposed of accordingly.
4. Action Taken Report was sent by the DPCC vide email dated 29.12.2022. The relevant part of the Action Taken Report reads as under:-
"ACTION TAKEN REPORT ON BEHALF OF DELHI POLLUTION CONTROL COMMITTEE IN COMPLIANCE TO THE ORDER DATED 05.05.2022.
X X X X X X
2. That a joint inspection of the site was carried out on 25.05.2022 by the representative of DPCC, Agricultural Marketing Board, and Deputy Commissioner (Shahdara). During the inspection it was observed that:
The fish market found not in operation. However, temporary platform observed.
DAMB representative informed that in Delhi there is only one designated/notified market for Fish & poultry which is at Ghazipur. Except, Ghazipur facility all such fish market poultry market operating in Delhi are illegal.
DAMB representative also reported that people are allowed to operate fish/poultry market with "A" category license issued by notified market committee.
Dr. S.K. Ranga (Veterinary Dept. EDMC) has submitted that on various occasions they have taken the action under DMC Act against this market in terms of confiscation and imposition of fine.
This place is covered under 'O' zone of Yamuna River Bed as reported by area SHO (Delhi Police). SHO has suggested that to stop impermissible activity, there is an urgent need to raise the height of broken boundary wall which is extended upto 5 to 6 kms. This walls belongs to PWD/I&FC Dept. Thereafter only area can be maintained by the concerned enforcing respective provisions.
People's at the site informed that individual shop owners have their own light arrangement for operating their business, There is no regular electricity supply in the area.
The site in question is not maintained in terms of proper cleaning as large quantity of municipal solid waste found scattered, which one is creating unhygienic & very filthy condition.
That, DPCC issued direction on 07.06.2022 to The Commissioner (MCD), SHO (Usmanpur), PWD and I&FC. Copy of the direction dated 07.06.2022 is annexed herewith as ANNEXURE-I In the direction, MCD and Delhi Police were directed to ensure that no illegal market operates at DDA Land. And further, PWD as well as Flood and Irrigation Department were directed to take all measures to increase the height of wall and no encroachment in 'O' Zone area."
5. Since no Action Taken Reports in compliance with the directions issued by the DPCC were submitted by the above said Authorities, learned Registrar General of this Tribunal, considering it to be necessary, directed listing of the matter before the Bench for further directions.
6. Vide order dated 28.08.2023 notices were ordered to be issued to MCD, PWD, I&FCD, Department of Government of Delhi and DPCC requiring them to file Action Taken/Status Reports within two months.
7. Pursuant to notice, Acti