Item No.04 (Court No. 2)

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI.

(Through Physical Hearing with Hybrid VC Option)

M.A. No. 67/2023 in Original Application No.435/2021 Pardeep Ranas ...Applicant Versus Govt. of NCT of Delhi ...Respondent Date of hearing: 23.11.2023 CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER Applicant: None for the applicant.

Respondent: Mr. Kush Sharma Advocate for DPCC with Mr. K. S. Jayachandaran, Member Secretary, DPCC.

(Through VC).

Ms. Jyoti Mendiratta Advocate for GNCTD.(Through VC).

Mr. Arvind Jain, SDM Punjabi Bagh.

Application is registered based on a complaint received by Post.

ORDER

1. Mr. Pardeep Kadian, Advocate filed O.A No. 465/2021 titled as Pardeep Ranas Vs. Govt. of NCT of Delhi complaining about operation of stone crushing units in Village Nilothi, Delhi illegally/in violation of environmental norms causing air, noise and water pollution.

2. Vide order 27.01.2022, this Tribunal constituted a Joint Committee comprising of DPCC and District Magistrate (West), New Delhi with direction to look into the grievances of the applicant and take remedial action and submit factual and action taken report within three months.

3. In compliance thereof, the Joint Committee submitted report vide email dated 25.05.2022.

4. In the report of the Joint Committee it was mentioned that all the four units engaged in stone crushing had been closed and proceedings had been initiated for imposition of environmental compensation on each unit.

5. O.A No. 435/2021 was disposed of vide order dated 27.07.2022 with direction to DPCC to proceed further with the proceedings for imposition of environmental compensation and on realization to spend the amount of environmental compensation for restoration/improvement of environment of the area by preparing an Action Plan and implementing the same within the period of six months from the date of recovery of the amount of environmental compensation and submit report before the Ld. Registrar General of this Tribunal who was directed to put up the matter before the Bench for further directions, if necessary.

6. In compliance of order dated 27.07.2022, Status Report was filed by DPCC before the Ld. Registrar General of this Tribunal vide email dated 16.02.2023 inter alia mentioning therein that Environmental Compensation of Rs. 8 lakhs was imposed by the DPCC and recovery certificate was sent to SDM (Punjabi Bagh), New Delhi for recovery of the amount and that the action plan for restoration/improvement of the environment of the area would be prepared once the amount of environmental compensation was realized.

7. Since the order passed by this Tribunal was not fully complied the matter was put up before this Bench for further directions.

8. Vide order dated 28.08.2023, notices were ordered to be issued to the DPCC and SDM, Punjab Bagh requiring them to file status reports within two months.

9. We have noticed clerical/typographical mistakes in numbering of paragraphs in order dated 03.11.2023 which are ordered to be corrected. 10. No Status Reports were filed by the DPCC and SDM, Punjabi Bagh and while noticing this fact, this Tribunal made the following observations in its order dated 03.11.2023:-

“8. In the present case as per the assessment made by DPCC for imposition of environmental damage compensation on the polluters in accordance with “Polluters Pays Principle”, amount of Rs. 8 lakhs is required for restoration of environment in the area. After imposition of environmental damage compensation, reference was made to SDM (Punjabi Bagh) for realization of the same which SDM (Punjabi Bagh) has failed to recover. The restoration of environment cannot be made dependent on realization of environmental damage compensation and cannot be deferred indefinitely awaiting such realization by SDM (Punjabi Bagh). In the course of hearing of cases coming before us we have observed that generally revenue authorities/DM/SDM do not give