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2024 Supreme(Online)(NGT) 5326
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
Prohibition of illegal encroachments and markets in Yamuna floodplains 'O' Zone, mandating agency compliance for environmental protection.
Headnote:The complaint addressed illegal fish market operations on DDA land in Yamuna Khadar 'O' Zone, causing pollution, health hazards, traffic issues, and unsocial activities. Joint Committee inspections confirmed unhygienic conditions, waste dumping, and lack of authorization beyond Ghazipur market. Court found temporary encroachments persisting despite actions, directing agencies to prevent recurrence. Key issues involved compliance with directions under Environment (Protection) Act, 1986, responsibility for boundary walls, waste management, and land clearance per MPD 2021. Ratio emphasized prohibiting illegal markets in flood-prone zones while allowing lawful operations, with DDA, MCD, PWD/I&FCD, and NHAI accountable for enforcement and monitoring. MA disposed with directions to ban illegal fish markets, ensure waste disposal, remove encroachments, repair walls, and file compliance affidavits within three months.
| Table of Content |
|---|
| 1. complaint registration and joint committee formation (Para 1 , 2 , 3) |
| 2. inspections confirm illegal market and unhygienic conditions (Para 4 , 7 , 8 , 17 , 18) |
| 3. status reports and compliance directions issued (Para 5 , 6 , 9 , 10 , 11 , 12 , 13) |
| 4. dda demolition actions and site redevelopment plans (Para 14 , 15 , 19) |
| 5. directions to prevent encroachments and ensure compliance (Para 16 , 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 no encroachment in ‘O’ Zone area.”
5. Since no Action Taken Reports in compliance with the directions issued by th
