MCD obligated for solid waste management in unauthorized colonies under SWM Rules 2016; environmental compensation final if no appeal.

ORDER

1. The applicant has filed the present application seeking issuance of directions for stopping illegal disposal of waste in Street No. 3 and other streets of Anuvrat Vihar, Sabhapur Vistar, Delhi.

2. The applicant has alleged that respondents- Dharmendra Tomar, Kapil Pandey and their associates have deliberately dumped drain silt and other solid waste including meat remnants in Street No. 3 and other streets of Anuvrat Vihar, Sabhapur Vistar, Delhi due to which the local residents are compelled to remain confined to their houses. The relevant part of the letter petition enumerating the grievances of the applicant reads as under :

3. Vide order dated 22.07.2024 this Tribunal constituted a Joint Committee comprising of Delhi Pollution Control Committee (DPCC), Commissioner, Municipal Corporation of Delhi and Deputy Commissioner (North East) Delhi and directed the same to meet within one week, undertake site visits, look into the grievances of the applicant, verify the factual position, interact with the applicant and other residents of the locality, take requisite remedial action by following due process of law and submit its Factual and Action taken Report within one month.

4. In compliance thereof, joint inspection was carried out by the PCC, MCD and Delhi police on 04.08.2022 and copy of inspection report dated 08.09.2022 has been filed. The relevant part of the inspection report reads as under:

“During inspection following observations are found :-

1. Garbage is dumped on a large size plot approx 2000 sqmt near Rampal Chowk Sabhapur Village.

2. The collected Garbage & Silt is then dumped on street no. 1, 3, 4 and main road of Anuvrat Vihar Sabhapur Vistar.

3. Nand Lal and other local residents were contacted during the said inspection and they informed that work is being carried out by local MLA.

4. As per MCD it is an unauthorized colony, MCD does not pertains with this area and this work is being carried out by Irrigation and Flood Control Department.

5. Representative from Deputy commissioner (North East) is not given despite requesting and mail was given before hand.

6. Accordingly concerned department is requested to lift the dumped garbage and silt from the mentioned sites.”

5. Action Taken Report has been filed by the DPCC vide email dated 02.09.2022 and Status Report has been filed by MCD vide email dated 08.09.2022.

6. The relevant part of Action Taken Report filed by the DPCC vide email dated 02.09.2022 is reproduced below:-

“ACTION TAKEN REPORT ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE IN COMPLIANCE TO THE ORDER DATED 22.07.2022.

X X X X

2. That a joint inspection of the site was carried out on 04.08.2022 by the representative of DPCC, Municipal Corporation of Delhi and Delhi Police. During the inspection it was observed that:

 Garbage is being collected without authorization on a large size plot approx. 2000 sqmt near Rampal Chowk, Sabhapur Village.

 The collected garbage is then dumped on street no. 1, 3, 4 and main road Anuvrat Vihar, Sabhapur Vistar.

 Nand Lal (applicant) and other local residents were contacted during the inspection and they had informed that work was being carried out by the local MLA.

 MCD representative had clarified that this area is an unauthorized colony and is not under the jurisdiction of MCD and this work is being carried out by Irrigation and Flood Control Department (I & FCD).

Copy of the joint inspection dated 04.08.2022 along with photographs are enclosed herewith as ANNEXURE-1.

3. That, DPCC issued show cause notice for imposing Environmental Damage