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2024 Supreme(Online)(NGT) 2488
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Arun Kumar Tyagi, Judicial Member, Afroz Ahmad, Expert Member
Mudit Kumar – Appellant
Versus
Govt. of NCT of Delhi – Respondent
M.A. No. 66/2023 IN Original Application No. 168/2022
For the Appellants/Petitioners: Applicant in person
For the Respondents: Ms. Jyoti Mendiratta, Ms. Ananya Basudha, Ms. Sakshi Popli, Ms. Kritika Gupta, Mr. Balendu Shekhar, Ms. Tanisha Samantha
NGT directs authorities to prohibit illegal markets in river flood plain 'O' Zone, ensure waste management, remove encroachments, repair boundaries, and monitor compliance to prevent pollution and unhygienic conditions.
Headnote:(A) Environment (Protection) Act, 1986 - Section 5 - Illegal fish market on land in river flood plain 'O' Zone - Complaint regarding environmental pollution, health hazards, traffic issues, and unsocial activities - Joint inspection revealed temporary platforms, unhygienic conditions, solid waste, and lack of maintenance despite market not operating at time of first inspection - Subsequent inspection confirmed functioning market with stalls, unhygienic waste disposal - Directions issued to authorities for cessation of illegal operations, cleaning land, preventing encroachments, raising boundary wall height, and ensuring no activities in 'O' Zone. (Paras 4, 7, 8, 17, 18)
(B) Environmental Compliance - Duties of land owning and road maintenance authorities - Demolition of encroachments carried out, temporary gatherings persist - Site earmarked for planned development - Authorities directed to prevent future encroachments through wall repairs, monitoring, prompt action against violators, waste management, and effluent disposal. (Paras 19, 20)
Facts of the case:
Letter petition treated as application complaining of illegal fish market operations on land in river flood plain causing pollution, health risks, traffic jams. Joint committee inspected site; reports noted illegal status, unhygienic conditions, waste issues. Directions issued but compliance partial; later inspections confirmed ongoing operations. Demolition occurred but temporary activities recurred.
Findings of Court:
Illegal market prohibited henceforth, subject to lawful establishment; instructions for waste/effluent management, removal of unauthorized constructions, boundary wall repair, monitoring, and anti-encroachment action by relevant authorities within one month; compliance reports within three months.
Issues: Whether illegal fish market operations in flood plain 'O' Zone persist despite directions; responsibility for preventing encroachments, ensuring hygiene, and boundary protection.
Ratio Decidendi: Tribunal disposed application directing permanent cessation of illegal activities, enforcement of hygiene and anti-encroachment measures by specified authorities, emphasizing compliance with prior directions under environmental law and prevention in protected zones.
Result: M.A. disposed of with directions.
| Table of Content |
|---|
| 1. applicant's complaint on illegal fish market pollution. (Para 1 , 2) |
| 2. joint committee inspection and initial directions issued. (Para 3 , 4 , 5) |
| 3. subsequent inspections confirm ongoing illegal operations. (Para 6 , 7 , 8 , 9 , 10) |
| 4. pwd and i&fcd disclaim responsibility for land. (Para 11 , 12 , 13) |
| 5. dda reports demolition of encroachments. (Para 14 , 15) |
| 6. court reviews site conditions and agency actions. (Para 16 , 17 , 18 , 19) |
| 7. directions to prevent encroachments and ensure compliance. (Para 20 , 21 , 22) |
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
