The N.G.T. disposed of an application complaining about an unauthorized vehicle repair shop near a school. After reviewing multiple reports confirming the shop was closed years ago, the Tribunal held no further action was required.
Application disposed of with no further action required as the alleged violation was found to be non-existent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(Court No. 2)
Item No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
(Through Physical Hearing with Hybrid VC Option)
Original Application No.422/2021
IN THE MATTER OF:
Mr. Arvind Kumar & Ors. 6/15, Subhas Nagar, New Delhi and parent of Student Studing in Cambridge Foundation School, Rajouri Garden Extension, New Delhi-110027 …Applicants
Versus
For Applicants:
None for the applicants.
For Respondents:
Ms. Jyoti Mendiratta, Advocate for respondent no. 1 (Through VC). Ms. Tanisha Samanta, Advocate for respondent no. 2 DPCC. Mr. Shubham Yadav Advocate for respondent no. 3.
Ms. Puja Kalra Advocate for MCD.
PRESENT:
O. A. No. 422/2021 Arvind Kumar & Ors. Vs Govt. of NCT of Delhi & Ors. -2-
HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER
Judgment Reserved on:- 03.11.2023.
Judgment pronounced on :- 31.01.2024.
Application is registered based on a letter petition received by Post.
JUDGMENT
PRONOUNCED BY: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JM
“This is to bring to your kind and immediate, that we are a group of concerned parents whose children are studying at Cambridge Foundation School, Rajouri Garden Extn., New Delhi- 110027, which is a 55 year old reputed institution of West Delhi.
In the recent, we have noticed that an Unauthorized Motor Workshop has come up right outside the School, taking undue advantage of the Closure of the School due to COVID-19 and instructions of the Govt. of NCT of Delhi and the Directorate of Education. Some Photographs are enclosed for your kind reference and verification.
This unauthorized motor workshop is a big hazard to the peaceful and serene atmosphere of the School causing:
1. Air Pollution
2. Noise pollution
3. Oil Waste
4. Health Hazard
5. Illegal Parking.
All the above points severely endanger the lives of our children, who will be attending School, once it reopens, and cause a Safety and Security issue.
Sir, we kindly request you to please close the unauthorized workshop at the earliest and ensure that our children can attend the School in a safe, secure, clean and green environment.”
O. A. No. 422/2021 Arvind Kumar & Ors. Vs Govt. of NCT of Delhi & Ors. -3-
1. The premises in which Auto repairing workshop was found closed.
2. It was informed by Sh. Bhavneet Singh that in the premises denting painting repairing workshop has been closed 6 - 7 years ago.
Copy of the inspection report alongwith photographs dated 20.09.2022 are collectively enclosed herewith as ANNEXURE-1”
O. A. No. 422/2021 Arvind Kumar & Ors. Vs Govt. of NCT of Delhi & Ors. -4-
School, Rajouri Garden Extension. During the inspection it was observed that:
1. Vehicle repairing shop was found vacant and no signage of any activity was found. Also, an enquiry was conducted and following persons were contacted, Sh. Bharat Deep Sethi [Owner of M/s Kar Age, Shop no. 176A, LIG flats, Rajouri Garden], Sh. Shivam Dhall [Owner of M/s Hunger Café, DDA LIG Market, Rajouri Garden], and Land Lady Ms. Hardev Kaur. 2. All informed the joint committee that the vehicle repairing shop has been closed Five to Six years ago. Copy of the inspection report alongwith photographs dated 23.12.2022 are collectively enclosed herewith as ANNEXURE-1 (Colly). The inspection report was also signed by the above mentioned persons, in addition to joint inspection team.
in order dated 08.02.2023. as under:-
“7. We find that even the additional report submitted by the DPCC is also based on enquiry conducted from the neighbouring shop owners and land lady but the report lacks particulars regarding the Project Proponents and is not supported by any document regarding start and closure of the workshop in question.
8. The Joint Committee has not made any efforts to contact the applicants and has not looked into the grievances made in the application and genuineness and veracity of the photographs regarding running of car repair workshop attached with the application and has not offered any explanations for making of the complaint to this Tribunal if the work shop in question had been closed 5 to 6 years back as mentioned in the report of the Joint Committee.
9. Learned Counsel for the DPCC has submitted that all these aspects will be looked into by the Joint Committee and detailed report will be submitted by collecting and considering entire relevant material and he seeks one month’s time for filing of detailed report. ..”
O. A. No. 422/2021 Arvind Kumar & Ors. Vs Govt. of NCT of Delhi & Ors. -5-
no. 3 has mentioned that two applications dated 11.01.2021 and 17.06.2021 were submitted to the Deputy Commissioner, South Delhi, Municipal Corporation in which allegedly a common grievance was raised by a group of unidentified persons. Even in the said applications no averment was made that any such motor vehicle repairing workshop is run from the property of respondent no.3. The photographs annexed with the application are of the area away from and beyond the premises of the respondent no. 3 which was just next to Gate no. 2 of the Cambridge School. A shop was being run by one Mr. Mohinder who stopped the user of the said shop about 6 or 7 years back and thereafter the said property is lying vacant and unused for more than 6 or 7 years.
“ Compliance Report in terms of Order dated 08.02.2023 X X X X X
2. That a visit was made to Cambridge Foundation School, Rajouri Garden Exten., New Delhi and no Auto repairing workshop is operating in the vicinity. An old lady namely Hardev Kaur Nanda, W/O Narender Singh Nanda R/O WZ 153, Rajouri Garden Extension, New Deihi, aged 81 Years was found residing, who is the owner of land where the Auto repairing work shop ran in the past. Now at present no shop was found running. Photographs of the shop is placed along with this reply for kind perusal of the Hon'ble Tribunal as Annexure R-1.
3. That statements of the said Hardev Kaur Nanda and one neighbour namely Rajat Deep Sethi S/O Bharat Deep Sethi R/O V 277 Rajouri Garden Delhi were also recorded whererin they stated that at present no shop is operating at WZ 153, Rajouri Garden Extension New Delhi. Statements recorded are placed with this report for kind perusal of the Hon'ble Tribunal as Annexure R-2.”
O. A. No. 422/2021 Arvind Kumar & Ors. Vs Govt. of NCT of Delhi & Ors. -6-
“ STATUS REPORT ON BEHALF OF ANSWERING RESPONDENT /MUNICIPAL CORPORATION OF DELHI. X X X X
That in compliance of the Hon'ble Tribunal order dated 22/11/2022, a Joint Inspection of the site was carried out on 23/12/2022 by the representatives of DPCC, MCD and Delhi Police at the premises as mentioned in the original application which was being used for vehicle repairing shop in vicinity of School. During inspection the said vehicle repairing shop was found vacant and no signage of any activity was found. Also as per local enquiry, the said shop was closed 5-6 years ago.
That the same site was again inspected by the area Licensing Inspector of West Zone, MCD on 02/11/2023 and the position was found same i.e. the said vehicle repairing shop was found closed and no illegal vehicle repair activity was found at site. Photographs taken at the time of inspection on 02.11.2023 are annexed herewith as Annexure-A'.”
Arun Kumar Tyagi, JM
Dr. Afroz Ahmad, EM
January 31st , 2024 ag
1 issue framed by the court
Whether the running of an unauthorized vehicle repair shop near a school violates environmental norms requiring tribal action.
Arvind Kumar & Ors.
Government of NCT of Delhi
Delhi Pollution Control Committee
Hardev Kaur
Arun Kumar Tyagi
Afroz Ahmad
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
