Item No.12 Court No. 1 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI M.A. No. 91/2023 In Original Application No. 85/2023 Mohd. Muslehuddin Applicant Versus Govt. of NCT of Delhi Respondent Date of hearing: 09.05.2024 CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER Applicant: Ms. Aakansha, Mr. Lalit Mohan, Mr. Videh Vaish & Mr. A.F. Faizi, Advs.

for Applicant in M.A 91/2023 Respondent: Mr. Narender Pal Singh, Adv. for DPCC Ms. Jyoti Mendiratta & Ms. Ananya Basudha, Advs. for DM (North)

ORDER

1. This Miscellaneous Application has been filed with a prayer seeking compliance of the order dated 13.03.2023 passed in OA No. 85/2023.

2. The OA No. 85/2023 was entertained on the basis of the letter petition wherein the grievance was raised that a scrap unit at House No. 330, Pocket-8, Sector A5, Narela, Delhi 110040 was illegally operating after encroaching upon the entire foothpath and scrap was spread on the green belt, road, drain, etc. and the unit was causing noise and air pollution creating hazards to the local residents.

3. The Tribunal on 13.03.2023 had considered the said letter petition and had constituted a Joint Committee comprising of Delhi Pollution Control Committee (DPCC) and the District Magistrate, North Delhi with the direction to the Joint Committee to visit the site, collect relevant information and take appropriate remedial action in accordance with law within two months if any violation of environmental laws and norms is found. There was a further direction to the Committee to submit the action taken report before the Registrar General of the Tribunal.

4. In this MA, the Applicant has come up with the grievance that the order of the Tribunal dated 13.03.2023 has not been complied with. Hence, the Tribunal on 09.10.2023 had issued notice to the Secretary, DPCC and the District Magistrate, North Delhi seeking compliance report. 5. The compliance report was filed by the DPCC on 21.12.2023 disclosing that the joint inspection was carried out on 03.11.2023 and following was found in the joint inspection:

“xxx ......................................xxx.......................................xxx

3). No plant machinery found installed in premises except one Atta Chakki (non-operational during the inspection) and about 07 halffilled bags of grains/atta and a chair, table found inside the shop and a weighing machine found in front of shop.

4). MCD has issued license (No. 2307182922403) at the said shop for Atta Chakki in the name of Gulab Atta Chakki.”

6. The report further states that the DPCC on 08.12.2023 had issued letter to the Deputy Commissioner, Narela Zone, MCD to take necessary action for removal of waste/garbage and encroachment on the roadside and calling for the action taken report. It was also stated that the DPCC had issued show cause notice for imposition of Environmental Compensation (EC) upon M/s. Gulab Atta Chakki operating on the premises in question.

7. After the said report when the matter was listed on 02.01.2024, learned Counsel for the Applicant in the MA was permitted to obtain a copy of the report and file objection but no such objections were filed.

Therefore, when the matter was again taken up on 28.02.2024, further opportunity of one week was granted as a last opportunity but even thereafter no objection in terms of the order dated 28.02.2024 has been filed.

8. The DPCC has filed the additional report dated 26.02.2024 mentioning the details of the action taken report submitted by the Municipal Corporation of Delhi to the Joint Committee disclosing as under:

“4. That, in reference to the letter dated 08.12.2023 issued by DPCC to DC (MCD), Narela Zone (Annexure-2 to the report dated 21.12.2023. Municipal Corporation of Delhi provided their action taken report via email in reference to letter dated 08.12.2023, which is as under:-

1. Public Health Department/Narela Zone The trader Ms. Tara De