The judgment establishes that unauthorised workshops posing environmental hazards could be closed if proven inactive for several years.

PRONOUNCED BY: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JM

1. The applicants have sent to this Tribunal by post letter petition, which has been treated and registered as original application no. 422/2021 complaining about running of vehicle repairing shop in the vicinity of the Cambridge Foundation School, Rajouri Garden Extn., New Delhi, in violation of environmental norms.

2. The relevant part of the letter petition enumerating grievances of the applicants is reproduced as follows:-

“This is to bring to your kind and immediate, that we are a group of concerned parents whose children are studying at Cambridge Foundation School, Rajouri Garden Extn., New Delhi- 110027, which is a 55 year old reputed institution of West Delhi.

In the recent, we have noticed that an Unauthorized Motor Workshop has come up right outside the School, taking undue advantage of the Closure of the School due to COVID-19 and instructions of the Govt. of NCT of Delhi and the Directorate of Education. Some Photographs are enclosed for your kind reference and verification.

This unauthorized motor workshop is a big hazard to the peaceful and serene atmosphere of the School causing:

1. Air Pollution

2. Noise pollution

3. Oil Waste

4. Health Hazard 5. Illegal Parking.

All the above points severely endanger the lives of our children, who will be attending School, once it reopens, and cause a Safety and Security issue.

Sir, we kindly request you to please close the unauthorized workshop at the earliest and ensure that our children can attend the School in a safe, secure, clean and green environment.”

3. Vide order dated 25.01.2022, this Tribunal constituted a Joint Committee with direction to submit its report within three months.

4. In compliance thereof report of the Joint Committee was submitted vide email dated 18.11.2022 mentioning that the auto repairing work shop was found closed. The relevant part of the report is reproduced below:-

“ACTION TAKEN REPORT ON BEHALF OF DELHI POLLUTION CONTROL COMMITTEE WITH RESPECT TO ORDER DATED 20.01.2022 X X X X

2. That, DPCC official inspected the site on 20.09.2022.

During the inspection it was observed that:

1. The premises in which Auto repairing workshop was found closed.

2. It was informed by Sh. Bhavneet Singh that in the premises denting painting repairing workshop has been closed

6 - 7 years ago.

Copy of the inspection report alongwith photographs dated 20.09.2022 are collectively enclosed herewith as ANNEXURE-1”

5. This Tribunal observed in its order dated 22.11.2022, that the Joint Committee had not looked into the issues and had casually prepared the report.

6. Learned counsel for the DPCC sought time to file a detailed report which request was allowed.

7. Pursuant thereto report has been filed by DPCC vide email dated 13.01.2023 reiterating that the vehicle repairing shop has been closed 5 to 6 years ago. The relevant part of the report is reproduced below:- “REPORT ON BEHALF OF DELHI POLLUTION CONTROL COMMITTEE IN TERMS OF THE ORDER DATED

22.11.2022.

X X X X

4. That, in compliance with the order dated 22.11.2022, a joint inspection of the site was carried out on 23.12.2022 by the representative of DPCC, MCD and Delhi Police at the premises as mentioned in the original application which was being used for vehicle repairing shop in vicinity of Cambridge Foundation School, Rajouri Garden Extension. During the inspection it was observed that:

1. Vehicle repairing shop was found vacant and no signage of any activity was found. Also, an enquiry was conducted and following persons were contacted, Sh. Bharat Deep Sethi [Owner of M/s Kar Age, Shop no. 176A, LIG flats, Rajouri Garden], Sh. Shivam Dhall [Owner of M/s Hunger CafØ, DDA LIG Market, Rajouri Garden], and Land Lady Ms. Hardev Kaur