Disposed

Misc Application in disposed of cases No. 148/2024 in Original Application No. 468/2023 of Gunjan Mittal vs

NGT17 Jul 2025Misc Application in disposed of cases No. 148/2024 in Original Application No. 468/2023

Case brief

AI extract

What is this about?

This Misc Application challenged compliance regarding a car workshop alleged to violate environmental norms. Reports confirmed the unit was vacant and licenses surrendered. The Tribunal disposed of the application, preserving the respondent's duty to act on the EDC withdrawal request.

What did the court decide?

Application disposed of with liberty to DPCC to pass appropriate order on reply regarding withdrawal of Environmental Damage Compensation.

Misc Application in disposed of cases No. 148/2024 in… — Environment and Pollution | NGT (2025)

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Item No. 04

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Misc Application in Disposed of Cases No. 148/2024

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Original Application No. 468/2023

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Gunjan Mittal Applicant

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Versus

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Govt. of NCT of Delhi & Ors. Respondents

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Date of hearing: 17.07.2025

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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: None for the applicant.

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Respondents: Mr. Kush Sharma, Advocate for DPCC (through VC).

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Ms. Puja S. Kalra Standing Counsel and Mr. Virendra Singh, Advocate for MCD.

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Mr. Rakesh Kumar, Land Inspector, MCD.

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ORDER

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Ms. Gunjan Mittal had made a complaint dated 15.05.2023 on

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public grievance portal of this Tribunal which was treated and registered as O.A. No. 468 of 2023.

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The applicant raised grievance regarding running of Mittal Car Scanning Workshop in ground floor of Premises No. 251A of building near Chetan Complex Dilshad Garden, Shahdara, Delhi in violation of environmental norms.

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Ms. Gunjan Mittal had earlier filed O.A. No. 416 of 2022 titled as Gunjan Mittal Vs. Govt. of NCT of Delhi which was disposed of by this Tribunal vide order dated 22.11.2022.

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O.A. No. 468 of 2023 was disposed of vide order dated 03.08.2023

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with direction to DPCC to look into the averments made in the application

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and take appropriate remedial action in accordance with law and ensure that no such unit is carried on in violation of the environmental norms.

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In compliance thereof, action taken report dated 13.08.2024 was filed by DPCC mentioning that letter was sent to the Deputy Commissioner (Shahdara North), MCD to take necessary action.

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In view of the report the matter was listed before the Tribunal by registering the same as M.A. No. 148 of 2024.

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Notices were issued to the Commissioner, MCD and the Deputy Commissioner (Shahdara North), MCD for filing action taken report.

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Even though, learned Counsel for MCD had stated before this Tribunal that report had been filed by MCD on 07.04.2025 but said report was not placed before this Tribunal and Registry was directed to verify the factual position and place the same on record. MCD was directed to file additional report and DPCC was also directed to file its report.

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In compliance thereof, status report dated 16.05.2025 has been filed by the Assistant Commissioner (Shahdara North Zone) MCD. The relevant part of the status report reads as under:-

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“3. That in compliance of the directions of the Hon’ble NGT the subject area i.e. Mittal Car Scanning workshop in ground floor of Premises No. 251A of building near Chetak Complex, Dilshad Garden, Shahdara, Delhi was inspected by area Licensing Inspector, it was noticed that a car workshop in the name of Mittal Car Care was running abutting non notified road, in a residential colony.

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4.That upon complaint being received and inspection being carried on, a sealing show cause notice u/s 345-A, 416, 417, 419, 34 7 and other provision of DMC Act 1957 & as per provisions of MPD2021 was issued to Sh. Harish Mittal vide no. DC/SH/N/2024/D-937 dated 14.10.2024 (Annexure-A) with the directions why the aforesaid premises should not be sealed for misuse and also applicable charges and penalty should not be recovered as per MPD-2021 & provisions of DMC Act.

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5. That the in response to the show cause notices dated 14.10.2024, a reply was received by the owner/occupier Sh. Harish Mittal. He also submitted copy of General Trade/Storage

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Licence (Annexure-B) bearing License No. EGTL0722248559 valid up to 31.03.2025 and Factory License bearing no. MFL1202414136 valid up to 31.03.2027 from MCD, and White Category License bearing undertaking no. DPCC/CMC/WHITE/20 18/8968454 from DPCC for light Engineering Work.

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6. That the work being undertaken by him involved car denting, washing, repairing and servicing. That such activity is not permitted within white category licence as granted by DPCC. A Sealing Notice Dated 07.04.2025 was issued to Premises No. 251A of building near Chetak Complex, Dilshad Garden, Shahdara, Delhi on violation of the licence. The owner /occupier did not get his general trade and storage licence renewed, which got expired by efflux of time. The Sealing action with the help of local police was planned on 07.04.2025. The team when reached the premises in question on 07.04.2025 the property was found vacant. The photographs of the premises in question are annexed herewith as (Annexure-C ). A fresh inspection was carried out by Licensing Inspector and he reported that the premises was found vacant no activity was carried out.

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7. That subsequently, owner/occupier surrendered his factory licence on 07.05.25. Factory Department, HQ vide letter dated 09.05.2025 (Annexure-D) also informed that on inspection of the premises No. 251A, Dilshad Garden, Industrial Area by concerned Factory Inspector no unit found operated in the said premises. It is also informed that on checking of the online record of Factory Licence No. MFL 1202414136 same was found surrendered and is not in existence.

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8. However, the owner /occupier can carry out activity as per permissible with MPD 2021, chapter 15 in residential area.”

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Status report dated 15.05.2025 has also been filed by DPCC. The relevant part of the report reads as under:-

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“4. That, DPCC has sought compliance of Closure Direction, sealing of borewell (if any) and disconnection of electricity supply to the unit M/s Mittal Car Scanning from Revenue Department, MCD and BSES. Copy of the letter dated 22.01.2025 is annexed herewith as ANNEXURE-1.

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5. That, in addition to above, DPCC also issued order for imposition of Environmental Damage Compensation (EDC) @ Rs. 5,00,000/- (Rupees five lakhs only) on 22.01.2025 qua M/s Mittal Car Scanning due to the fact that activity of the unit falls under Orange Category and also operating without Consent to operate under the Air/Water Act in non-confirming area. Copy of the order dated 22.01.2025 is annexed herewith as ANNEXURE2.

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6. That, in reference to the letter dated 22.01.2025, M/s Mittal Car Scanning has submitted the reply on 22.04.2025 with the request for withdrawal of EDC and also submitted the photographs of the closing down of the unit. Copy of the reply submitted by M/s Mittal Car Scanning dated 22.04.2025 is annexed herewith as ANNEXURE-3.

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7. That, BSES Yamuna Power Ltd. informed that their team visited the premises of M/s Mittal Car Scanning, and disconnected the Electricity supply from the Pole against Meter

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no. 35835206. Copy of the reply by BSES Yamuna Power Ltd dated 30.04.2025 is annexed herewith as ANNEXURE-4.

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8. The present status report may kingly be taken on record”

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We have gone through the status reports and other material placed on record.

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In view of the submissions made and factual position duly verified as mentioned in the status report that no unit is being operated in the premises in question, no further action is required to be taken by this Tribunal on the present Miscellaneous Application which is disposed of accordingly with liberty to DPCC to pass appropriate order on reply dated 22.04.2025 filed by the Project Proponent for withdrawal of EDC and take further action, as the case may be, in accordance with law.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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July 17^th , 2025 M.A in Disposed of Cases No. 148/2024 In Original Application No. 468/2023

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Misc Application in disposed of cases No. 148/2024 in Original Application No. 468/2023 of Gunjan Mittal vs

Case brief

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What did the court decide?

Misc Application in disposed of cases No. 148/2024 in Original Application No. 468/2023 of Gunjan Mittal vs

Case brief

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What did the court decide?

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