Disposed

Nand Lal v. Dharmendra Tomar and Kapil Pandey

NGT7 May 2024Original Application No. 527/2022

Case brief

AI extract

What is this about?

The NGT upheld MCD's obligation for solid waste management even in unauthorized colonies. The court upheld DPCC's order imposing environmental damages on the Irrigation and Flood Control Department, directing recovery and utilization of funds for remediation.

What did the court decide?

Directed MCD to manage solid waste per S.W. Management Rules, 2016; upheld DPCC order for Rs. 10,00,000 environmental damages on I&FC Dept; directed DPCC to recover amount and prepare remediation plan

Nand Lal vs Dharmendra Tomar and Kapil Pandey — Environment and Pollution | NGT (2024)

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(Court No. 2)

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Item No.03

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI.

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(Through Physical Hearing with Hybrid VC Option)

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Original Application No.527/2022

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Nand Lal …Applicant

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Versus

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Dhermendra Tomar & Others …Respondents

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Date of hearing: 07.05.2024

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: Applicant in Person. Respondents: Ms. Jyoti Mendiratta and Ananya Basudha, Advocates for respondent no. 1- GNCTD, respondent no. 2- I&FCD and respondent no. 5- DC (North East), Delhi. (through VC). Ms. Puja Kalra and Mr. Virendra Singh, Advocates for respondent no. 3-MCD. Ms. Tanisha Samantha, Advocate for respondent no. 4- DPCC.

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Application under the National Green Tribunal Act, 2010.

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ORDER

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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.

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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 :

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O. A. No. 527/2022 Nand Lal Vs. Dhermendra Tomar & Others

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"िवषय: अनु त िवहार सभापुर िव ार के गली नंबर-3 मकान न.7, तथा कोलोनी के और भी कुछ गिलयों म और आसपास बड़े नालो की गाद-ग गी, मास के लोथड़े इस तरह की सारी ग गी डालने के िवषय म

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ीमान जी, िनवेदन यह है की 28-06-2022 को मेरी गली म धम तोमर, किपल पा ेय तथा उनके कुछ सहयोगी जानबूझकर ग गी-मलबा डलवाया है ीमान जी इस ग गी की वजह से पूरी गली म लोग बीमार और अपने घरो म कैद होकर रह रहे है इस, सम ा के समाधान के िलए िल खत िशकायत म 03-07-2022 को सोिनया िवहार थाना म सूिचत कर िदया गया है इसके अलाव एम.सी.डी 04-07-2022 तथा एस.डी.एम और 06-07-2022, मु मं ी िद ी सरकार तथा 05-07-2022 एन.जी.टी को िदया गया था ीमान जी इसके बाद भी इस सम ा के समाधान के िलए कोई काय वाही नहीं हई है अतः ीमान जी से ाथना है की पूरी कॉलोनी आ ोष म है।

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कृपया आप इस पर ज से ज उिचत काय वाही की जाए"

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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.

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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:

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“During inspection following observations are found :- 1. Garbage is dumped on a large size plot approx 2000 sqmt near Rampal Chowk Sabhapur Village.

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

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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.

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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.

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

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

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O. A. No. 527/2022 Nand Lal Vs. Dhermendra Tomar & Others

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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.

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

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

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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:

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

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

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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.

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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).

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

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3. That, DPCC issued show cause notice for imposing Environmental Damages Compensation to "Irrigation & Flood Control Department" and "Plot Owner, Near Rampal Chowk, Sabhapur Extension" to the tune of Rs. 10,00,000/-(Rupees Ten Lakhs only) was issued on 23.08.2022. Copy of the show cause notice dated 23.08.2022 is annexed herewith as ANNEXURE-2.

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4. That, DPCC vide letter dated 23.08.2022 asked the Commissioner (MCD) to take necessary action to ensure that the said unwanted activity should not take place, need to clean the site to prevent further pollution and take necessary action against the offenders/ violators responsible for the pollution. Copy of the letter dated 23.08.2022 issued to MCD is annexed herewith as ANNEXURE-3. ”

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The relevant part of the Status Report filed by MCD vide email dated 08.09.2022 is reproduced below:-

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O. A. No. 527/2022 Nand Lal Vs. Dhermendra Tomar & Others

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“ OA No. 527/2022 Nand Lal Vs Dharmendra Tomar & Other

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In reference to NGT matter in OA No. 527/2022 "Nand Lal Vs Dharmendra Tomar & other" a joint inspection of Delhi pollution control committee, MCD & Delhi Police was organized on 04-082022 to look into the grievance of applicant. The Applicant has alleged that drain silt and solid waste are being deliberately dumped on streets on Aunvrat Vihar, Sabhapur Vistar, Delhi. During inspection following observation found :-

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1. Garbage is dumped on a large site plot approx 2000 sq mtr near Rampal Chowk Sabhapur Village.

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

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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 and Irrigation and Flood Deptt.

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

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S. 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. 7. Sanitation work is satisfactory & carried out regularly maintained.”

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Vide order dated 20.10.2023 (1) Government of NCT of Delhi through Chief Secretary, (2) Irrigation and Flood Control Department, Government of NCT of Delhi, (3) Municipal Corporation of Delhi and (4) Deputy Commissioner (North East) Delhi were impleaded as respondents no. 1 to 4.

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Pursuant to notice Status Report has been filed by MCD vide email dated 16.05.2023, Additional Status Report has been filed by DPCC vide email dated 19.02.2024 and response has been filed by I&FC Department, GNCTD vide email dated 04.05.2024.

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The relevant part of the report filed by MCD vide email dated 16.05.2023 is reproduced below:-

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“ STATUS REPORT ON BEHALF OF THE RESPONDENT/ MUNICIPAL CORPORATION OF DELHI.

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X X X X

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1. That it is submitted that Street No. 3 and other street of Anuvrat Vihar, Sabhapur Vistar, Delhi is an unauthorized colony, which is a part of Ward No. 60E/250 Sabhapur (Old Ward Sonia Vihar). In addition to the above these unauthorized colonies viz. Chauhan Patti, Vishan Vihar, Ambhey Enclave, Ambhey Colony, Kaushal Puri, Dashrath Puri, Anuvrat Vihar, Milan Garden, Balaji Mandir, Annapurna Mandir, Sabhapur

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O. A. No. 527/2022 Nand Lal Vs. Dhermendra Tomar & Others

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Vistar Factory Area, Sabhapur Village, Badarpur Khadar Village, From El Block to ES Block. And From G Block to G5 Block also falls in this unauthorized ward.

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2. That in these colonies the refuge/ garbage is being collected in the dustbin and garbage boat (Big Naav) being provided by the Metrro Waste Pvt. Ltd. Company the concessionaire.

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3. That there are about 15 densely populated unauthorized colonies in this ward as mentioned above and there is no land of MCD available in this ward for collection of Municipal Solid Waste and for construction of fix compactor transfer station, MRF, Public toilet and Paryavaran Sarvekshann Shelter etc., Since it is unauthorized colony and the land falls under the jurisdiction of Delhi Government.

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4. That in respect of the present ward DM, North-East has been requested to provide at least 200 sq yards for construction of Compactor Transfer Station, MRF and Paryavaran Sarvekshan Shelter etc. Copy of the letter is annexed herewith as ANNEXURE-A.

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5. That all the colonies including the Sabhapur Vistar are unauthorized colonies where the streets are of katcha and where neither the drains have been constructed nor the streets have been constructed by the MCD. The construction of drains and streets are falls under the jurisdiction of Flood and Irrigation department.

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6. That the cleaning and lifting of garbage in these areas are being carried out by the sanitation department, Shahdara North Zone on daily basis. The complainant Mr. Nand Lal has been contacted and who had informed that he has no complaint regarding cleanliness in the area.

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7. That there are 780 licensed Meat Shop in Shahdara North Zone and in the last six months department has sealed 17 unlicensed Meat Shops and the veterinary Department is taking challan action against unlicensed Meat Shops and against selling of illegally slaughtered Meat and realized composition fee of Rs. 18,91,540/- w.e.f Sept. 2022 to till date. It is pertinent to mention here that as and when unlicensed Meat Shop is found running in the areas falling under the jurisdiction of MCD Shandara North Zone, the concerned department takes action as per DMC Act, 1957. The existing meat shop being licensed are running in accordance with Meat Policy. The action against unauthorized shops have been taken. They are closed down and encroachment removal action taken. A letter to concerned SHO is sent for watch and ward.”

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The relevant part of the Additional Status Report filed by DPCC vide

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email dated 19.02.2024 is reproduced below:-

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“ ADDITIONAL STATUS REPORT ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE .

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X X X X

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2. That in compliance with the order dated 22.07.2022, DPCC filed action taken report through email dated 02.09.2022, which is available on the records of this Hon'ble Tribunal.

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O. A. No. 527/2022 Nand Lal Vs. Dhermendra Tomar & Others

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3. That this Hon'ble Tribunal considered the report of DPCC dated 02.09.2022 during the hearing dated 20.10.2022.

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4. That re-inspection of the site was carried out on 15.05.2023 by officials of DPCC to verify the actual owner of the plot. During the inspection it was observed that:

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Residence of Sh. Dharmendra Tomar was visited but he was not present during the inspection.

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Sh. Dharmendra Tomar was contacted telephonically, he informed that the plot in question is owned by Mr. Vijendra Choudhary.

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The locals and nearby people were enquired regarding the ownership of the plot, they also revealed that the plot is owned by Mr. Vijendra Choudhary.

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Mr. Vijendra Choudhary over phone informed that only a certain portion of the plot belongs to him and the plot has combined ownership, but he refused to reveal the identity/ details of the other persons.

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Copy of the inspection report dated 15.05.2023 alongwith photographs are enclosed herewith as ANNEXURE-1.

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5. That, DPCC issued show cause notice for imposition of Environmental Damages Compensation to "Irrigation & Flood Control Department" and "Sh. Vijendra Choudhary" to the tune of Rs. 10,00,000/- (Rupees Ten Lakhs only) on 28.07.2023. Copy of the show cause notice dated 28.07.2023 is annexed herewith as ANNEXURE-2.

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6. That, no reply has been received from the plot owner or the I&FC Department- GNCTD. Therefore, DPCC issued order dated 13.09.2023 for imposing Environmental Damages Compensation to "Irrigation & Flood Control Department" and "Sh. Vijendra Choudhary" to the tune of Rs. 10,00,000/(Rupees Ten Lakhs only) each. Copies of the order dated 13.09.2023 are annexed herewith as ANNEXURE-3 (Colly).

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7. That, DPCC issued recovery letter dated 13.12.2023 to DM(North East) to recover the imposed Environmental Damages Compensation as arrear of land revenue from the "Irrigation & Flood Control Department" and "Sh. Vijendra Choudhary" levied on 13.09.2023. Copy of the recovery letter dated 13.12.2023 is annexed herewith as ANNEXURE-4. As no response received, so reminder letters were issued on 10.01.2024 and 01.02.2024. Copies of the letters dated 10.01.2024 and 01.02.2024 are annexed herewith as ANNEXURE-5 (Colly).

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8. That, SDM (Karawal Nagar) on 06.02.2024 issued demand to "Sh. Vijendra Choudhary" and "Irrigation & Flood Control Department" giving them time upto 21.02.2024 for deposition of the EDC amount. Copies of the demand letters dated 06.02.2024 are annexed herewith as ANNEXURE-6 (Colly).

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9. That, further SDM (Karawal Nagr) provided copy of the order dated 06.02.2024 whereby SDM impose Rs. 5 Lakhs as EDC against M/s Gawar Construction for violating the norms of GRAP-III on 03.11.2023. Copy of the order dated 06.02.2024 is annexed herewith as ANNEXURE-7.”

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The relevant part of the report filed by I& FC Department, GNCTD vide email dated 04.05.2024 is reproduced below:-

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O. A. No. 527/2022 Nand Lal Vs. Dhermendra Tomar & Others

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“ ACTION TAKEN REPORT ON BEHALF OF I&FC Deptt. GNCTD IN COMPLIANCE TO THE ORDER DATED 12/10/2023

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X X X X

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2. That the twitter complaint was made by applicant Sh. Nand Lal complaining that garbage is being collected without authorization on a large size plot approx. 2000 sq.m. near Rampal Chowk, Sabhapur Village. It is respectfully submitted that the said twitter complaint was never forwarded to I&FC Deptt. (CD-1V). However, in any event, I&FC Deptt. has never dumped any garbage in the subject vacant plot as alleged by the applicant or otherwise or at all.

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3. That a joint inspection was carried out by DPCC, MCD and Delhi Police on 04.08.2022 along-with the applicant Sh. Nand Lal for which no intimation was given to l&FC Deptt. (CDIV).

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4. That, Sh. Mohan Singh Bisht Hon’ble MLA, (AC-70 Karawal Nagar), vide his letter No. MSI3/MLA/KN/2022/19 dated 05.01.2022 had requested the I&FC Deptt., that levels of some of the streets under Kalish Puri, Chauhan Patti situated in their Karawal Nagar Constituency are lower as compared to the main road. It was further suggested that the desilted sand mix earth coming from Bhagirathi water treatment plant and lying on the bank of Escape Drain No. 1 could be used for filling in the streets. Copy of the letter dated 05.01.2022 is enclosed herewith as ANNEXURE-1.

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5. That Bhagirathi water treatment plant is operated by DJB (Delhi Jal Board). The Ganga Water is being utilized in water treatment plant and huge quantity of sand is directly released in Escape Drain No.1 belonging to I&FC Deptt. Considering the request from Hon'ble MLA in large public interest, the provision of filling of desilted sand mix earth in the low-level streets was made utilizing the quantity of desilted sand mix earth.

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6. That since the streets of Anuvrat Vihar were at very low level and water accumulates during rainy season, the said work was carried out to raise the level of streets by filling up desilted sand mix earth. Thus, the desilted sand mix earth released into the Escape Drain No. 1 by the Bhagirathi water treatment plant was removed from Escape Drain No. 1 and was further carted to these streets and then leveling and dressing was done. The photographs of streets filled with desilted sand mix earth are enclosed herewith as ANNEXURE-2.

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7. That in addition to the above, DPCC addressed a Show cause notice to Sh. Vijender Chaudhary vide letter No.DPCC/CMC-I/Sabhapur NGT/2022/1045-51 dated 28.07.2023 wherein DPCC has sought to impose maximum EDC @ Rs. 5,00,000/- (Rupess Five Lakh only). Copy of the letter dated 28.07.2023 is enclosed herewith as ANNEXURE-3. Subsequently DPCC has addressed another show cause notice to Principal Secretary, I&FC Dcptt. vide letter No. No.DPCC/CMC-I/Sabhapur NGT/2022/1201 dated 13.09.2023, wherein DPCC has imposed levy maximum EDC @ Rs. 10,00,000/-(Rupess Ten Lakh only). Copy of the letter dated 13.09.2023 is enclosed herewith as ANNEXURE-4. S. That in light of factual position the I&FC Deptt. has submitted their reply to Incharge, CMC-I, DPCC, GNCTD vide letter No. EE/CD-IV/S.D.-I/Court Case/2023-24 /01-08 dated 03.04.2024 requesting therein that levy imposed of Rs. 10,00,000/- (Rupees Ten Lakh only) for Environment Damage

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O. A. No. 527/2022 Nand Lal Vs. Dhermendra Tomar & Others

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compensation (EDC) should be waived off being unwarranted and unjustified. Copy of the letter dated 03.04.2024 is enclosed herewith as ANNEXURE-5. ”

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We have heard the applicant and learned counsel for the respondents

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and we have gone through the material on record carefully.

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The grievances of the applicant before this Tribunal are regarding dumping of drain silt, remnants of meat and other solid waste in street no.3 and other streets of Anuvrat Vihar Sabhapur Vistar. The applicant mentioned the specific incident of throwing of solid waste/dumping of garbage by Sh. Dharmender Tomar, Mr. Kapil Pandey and their associates in street no.3 on 28.06.2022.

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In its report DPCC has mentioned that Garbage was being collected without authorization on a large size plot approx. 2000 sqmtrs near Rampal Chowk, Sabhapur Village. The collected garbage was 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 the area being an unauthorized colony was not under the jurisdiction of MCD and the work was being carried out by I&FC Department. I&FC Department has admitted in its reply that Sh. Mohan Singh Bisht, Hon’ble MLA, (AC-70 Karawal Nagar), vide his letter No. MSI3/MLA/KN/2022/19 dated 05.01.2022 had requested the I&FC Department that levels of some of the streets under Kalish Puri, Chauhan Patti situated in their Karawal Nagar Constituency are lower as compared to the main road and that the desilted sand mix earth coming from Bhagirathi water treatment plant and lying on the bank of Escape Drain No. 1 could be used for filling in the streets. Considering the request from Hon'ble MLA in large public interest, the provision of filling of desilted sand mix earth in the low-level streets was made utilizing the quantity of desilted sand mix earth. The desilted sand mix earth released into the Escape Drain No. 1 by the

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O. A. No. 527/2022 Nand Lal Vs. Dhermendra Tomar & Others

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Bhagirathi water treatment plant was removed from Escape Drain No. 1 and was further carted to the above said streets and then leveling and dressing was done.

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Even though in its reply Municipal Commissioner of Delhi has claimed that the Anuvrat Vihar Sabhapur Vistar, Delhi is unauthorized colony falling in 60E/250/ Sabhapur old ward, Sonia Vihar, but the management and disposal of solid waste will be the statutory obligation of Municipal Corporation of Delhi. Accordingly, Commissioner, Municipal Corporation of Delhi is directed to ensure Management and Disposal of solid waste in accordance with the provisions of the Solid Waste Management Rules, 2016 and directions issued by Hon’ble Supreme Court of India and this Tribunal, particularly the directions issued by this Tribunal in O.A. No. 606/2018 titled as Compliance of Municipal Solid Waste Management Rules, 2016 and other environmental issues.

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In the Status Report filed vide email dated 16.05.2023 Assistant Commissioner, Shahdara-North Zone MCD has submitted that in the colonies mentioned refuge/garbage is being collected in the dustbin and garbage boat (Big Naav) being provided by the Metro Waste Private Limited Company. There is no land of MCD available in this ward for collection of Municipal Solid Waste and for construction of fixed Compactor Transfer Station, MRF, Public Toilet and Paryavaran Sarvekshan Shelter, etc.since it is unauthorized colony and the land falls under the jurisdiction of Delhi Government. The District Magistrate (North-East), Delhi was requested to provide at least 200 sq yards land for construction of Compactor Transfer Station, MRF, Public Toilet and Paryavaran Sarvekshan Shelter, etc.

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In the Status Report filed vide email dated 16.05.2023 it has been mentioned that the construction of drains and streets in the above said colonies fall under the jurisdiction of Flood and Irrigation department. The cleaning and lifting of garbage in these areas is being carried out by the

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sanitation department, Shahdara North Zone on daily basis. The applicant Mr. Nand Lal was contacted who informed that he has no complaint regarding cleanliness in the area.

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In the course of hearing it has been informed that MCD pursued DDA for providing land on which two sites have been identified and the matter of providing of the land is under process.

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Learned Counsels for respondents no.1, 2 and 5 have submitted that environmental compensation of Rs.10,00,000/- has been wrongly imposed on I&FC Department and the same may be set aside.

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It may be observed that in view of the violations DPCC had issued Show Cause Notices to Mr. Vijender Chaudhary, owner of the plot and I&FC Department. Mr. Vijender Chaudhary and I&FC Department did not submit any reply. Orders for imposition of environmental compensation of Rs. 10,00,000/- each Mr. Vijender Chaudhary and I&FC Department were passed by DPCC.

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In its reply I&FCD has denied dumping of garbage in large size plot approximately 2000 sq mtrs near Rampal Chawk, Sabhapur Village and has also pleaded that environmental compensation of Rs. 10,00,000/- has been wrongly imposed on I&FCD department. No reply to the Show Cause Notice was submitted by the I&FC department. No appeal against order imposing environmental compensation of Rs. 10,00,000/- was filed by I&FC department. Consequently, order imposing environmental compensation has become final and I&FC department is bound to deposit the amount of environmental compensation with DPCC and DPCC is entitled to recover and utilize the amount of environmental compensation for remediation of environmental damage caused.

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O. A. No. 527/2022 Nand Lal Vs. Dhermendra Tomar & Others

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Accordingly, DPCC is directed to initiate appropriate action for recovery of the amount of environmental compensation imposed and on realization thereof prepare and execute requisite action plan for utilization of the amount of environmental compensation for restoration/protection and improvement of environment in the area. DPCC is also directed to look into the aspects of management of solid waste and sewage in the area and issue such directions to MCD, DDA and DJB as may be required.

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The present original application is disposed of with directions as mentioned above.

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Arun Kumar Tyagi, JM

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Dr.Afroz Ahmad, EM

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May 07^th 2024 ag

Nand Lal v. Dharmendra Tomar and Kapil Pandey

Case brief

What is this about?

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Nand Lal v. Dharmendra Tomar and Kapil Pandey

Case brief

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