Disposed

Misc Application in disposed of cases No. 117/2024 in Original Application No. 435/2021 of Pradeep Kadiyan vs

NGT8 Jan 2025Misc Application in disposed of cases No. 117/2024 in Original Application No. 435/2021

Case brief

AI extract

What is this about?

NGT imposed Rs. 50,000 costs on DPCC for unlawful delay in transferring Rs. 8 lakh environmental compensation to Forest Department. Afforestation must be completed within six months of receipt.

What did the court decide?

DPCC directed to deposit Rs. 50,000 costs; Forest Department directed to use Rs. 8 lakh for afforestation and file report within six months.

Misc Application in disposed of cases No. 117/2024 in… — Environment and Pollution | NGT (2025)

¶1

(Court No. 3)

¶2

Item No.04

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI.

¶4

(Through Physical Hearing with Hybrid VC Option)

¶5

MISC APPLICATION IN DISPOSED OF CASES NO. 117/2024 in Original Application No.435/2021 Pardeep Kadiyan …Applicant Versus

¶6

Govt. of NCT of Delhi …Respondent

¶7

Date of hearing: 08.01.2025

¶8

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

¶9

Applicant:	None for the applicant.
Respondents:	Ms. Jyoti Mendiratta and Ms. Ananya Basudha, Advocates for GNCTD.
	Mr. Kush Sharma and Ms. Vagmi Singh,
	Advocates for DPCC (through VC).

¶10

Application is registered based on a complaint received by Post.

¶11

ORDER

¶12

Mr. Pardeep Kadiyan, Advocate filed O.A. No. 435/2021 titled as Pardeep Ranas Vs. Govt. of NCT of Delhi complaining about running of illegal stone crushing factory near his residence i.e. Udai Vihar, Phase-II, Village Nilothi, Delhi.

¶13

¶14

The abovesaid O.A. was disposed of vide order dated 27.07.2022. The relevant part of the order reads as under:

¶15

“3. It is evident from the report that all the four units engaged in stone crushing have been closed and proceedings have been initiated for imposing environmental compensation on each unit. The DPCC may proceed further with the proceedings for imposition of environmental compensation and on realization of environmental compensation, the amount recovered shall be spent by DPCC 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 a report regarding such action plan and its implementation may be furnished within one month thereafter by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before the Bench for further directions.

¶16

In view of the above, the application is disposed of with

¶17

the above said directions.

¶18

A copy of this order be sent to DPCC and District Magistrate (West), Government of NCT of Delhi for compliance.”

¶19

Status Report was filed by DPCC before the Ld. Registrar General of this Tribunal vide email dated 16.02.2023.

¶20

Since the order dated 27.07.2022 passed by this Tribunal was not fully complied with, the matter registered as M.A. No 67/2023 was put up before the Bench for further directions.

¶21

M.A. No. 67/2023 was disposed of by this Tribunal vide order dated 23.11.2023 whereby DPCC was directed to release amount of Rs. 8 lakhs within one week to the Department of Forest and Wildlife, GNCTD; SDM, Punjabi Bagh was directed to transfer the amount deposited by the concerned Project Proponents with him to DPCC within 10 days; the Department of Forest and Wildlife, GNCTD was directed to utilize the environmental compensation amount of Rs. 8 lakhs for afforestation in the area of Village Nilothi, Delhi or adjoining areas and file report within 6 months; DPCC was directed to issue instructions that orders imposing

¶22

¶23

environmental compensation be passed after giving opportunity of filing reply and violators be informed about availability of remedy of filing of appeal; DPCC was also directed to look into aspect of permissibility of running of cattle dairy by Mr. Rajender S/o Shri Ram resident of Wazirpur, Jhajhar, Haryana in the area in question and also requirement of its relocation. DPCC was directed to file report in this regard within three months.

¶24

Since the report was not filed within specified period of time the matter registered as M.A. No. 117/2024 has been listed before the Bench for further orders.

¶25

Vide order dated 28.11.2024 this Tribunal granted one more opportunity for filing of the compliance report.

¶26

Report dated 07.01.2025 has been filed by DPCC mentioning that in compliance of order dated 28.11.2023 DPCC issued letter dated 30.12.2024 with cheque of Rs. 8 lacs to the Department of Forest and Wildlife, GNCTD.

¶27

So far as the delay in transfer of amount is concerned, DPCC has submitted that the delay occurred due to shifting of DPCC office from ISBT Building to IT Tower.

¶28

We find the reasons given for delay of more than one year in transfer of the amount by DPCC to the Department of Forest and Wildlife, GNCTD to be wholly unreasonable and unacceptable. Noncompliance with order passed by this Tribunal constitutes an offence punishable under Section 26 of National Green Tribunal Act, 2010 and strictly speaking, even the Chairman and the Member Secretary of the DPCC will be liable to be prosecuted for such violation. However, by

¶29

¶30

taking a lenient view, we do not consider it appropriate to direct such prosecution. Yet to curb the widely prevalent tendency of non-compliance with the orders passed by this Tribunal and offering lame excuses for the same, we consider it to be necessary to impose appropriate costs on DPCC.

¶31

Accordingly, DPCC is directed to deposit amount of Rs. 50,000/- as costs for non-compliance with the order passed by this Tribunal for compensating inconvenience and delay thereby caused in remediation of the environmental damage.

¶32

Costs be deposited with the Ld. Registrar General of this Tribunal within one month and receipt for such deposit be placed in the record of the case.

¶33

Costs so deposited may be utilized by the Ld. Registrar General of this Tribunal for providing facilities to the members of public visiting this Tribunal.

¶34

In case of non-deposit of costs, the matter be listed before this Bench again for further directions.

¶35

It is evident from the above that Department of Forest and Wildlife, GNCTD c ould not file report regarding plantation due to delay in transfer of amount of Rs. 8 lakhs by DPCC to it.

¶36

Since the amount has been so transferred to the Department of Forest and Wildlife, GNCTD on 30.12.2024, the Department of Forest and Wildlife, GNCTD is directed to utilize the amount for afforestation as directed by order dated 23.11.2023 and file report in this regard within six months.

¶37

¶38

In case the report is not so filed, the matter be listed before this Bench again for further directions.

¶39

Present miscellaneous application is disposed of accordingly.

¶40

Arun Kumar Tyagi, JM

¶41

Dr. Afroz Ahmad, EM

¶42

January 08^th , 2025 M.A. No. 117/2024 In O.A. No. 435/2021 AG

¶43

Misc Application in disposed of cases No. 117/2024 in Original Application No. 435/2021 of Pradeep Kadiyan vs

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 117/2024 in Original Application No. 435/2021 of Pradeep Kadiyan vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Misc Application in disposed of cases No. 20/2024 in Original Application No. 81/2024 of Nitin Singhvi vs State of Chattisgarh

Misc Application in disposed of cases No. 20/2024 in Original Application No. 217/2024 of Shri Ashok Vasudeo Rawool vs Tahsildar and District Magistrate Sawantwaid

Misc Application in disposed of cases No. 92/2024 in Original Application No. 509/2024 of Maa Durga Primary Fisherman Co. Operative Society Ltd. vs Union of India

Misc Application in disposed of cases No. 91/2024 in Original Application No. 477/2016 of Inland Waterways Authority of India vs Union of India

Misc Application in disposed of cases No. 22/2024 in Original Application No. 135/2024 of Narendra Singh Bradwal vs Union of India Ministry of Environment Forest & Climate Change

Misc Application in disposed of cases No. 154/2024 in Original Application No. 283/2024 of Rajesh Sharma vs State of Haryana

Misc Application in disposed of cases No. 19/2024 in Original Application No. 194/2024 of Dr Brijmohan Sapoot Kala Sanskriti Sewa Sansthan through Authorized Representative Shri Devendra Singh vs State of Rajasthan

Misc Application in disposed of cases No. 11/2025 in Original Application No. 588/2024 of Abid vs

Anita and Anr. vs

Sandeep Kasar vs

Nikhil Gargubai vs

Misc Application in disposed of cases No. 119/2024 in Original Application No. 590/2023 of Ali Mullah vs Municipality

Misc Application in disposed of cases No. 118/2024 in Original Application No. 454/2022 of Jai Prakash vs

Misc Application in disposed of cases No. 122/2024 in Original Application No. 258/2024 of Banibrata Mukherjee vs