Chanakya Place Residents Welfare Association v. Govt. Of Nct Of Delhi And Others

In this Original Application, the primary relief sought is for issuing direction to Respondent authorities to take appropriate legal action against factories/workshops/industries located in the residential colonies such as Chanakyapuri Phase-I; Phase-II and Sitapuri of West Delhi on the ground that they are functioning without seeking prior Environmental Clearance or in violation of the conditions prescribed in the Environmental Clearance. Consequently, it has been prayed that such factories/workshops/industries located in the residential areas be closed down.

The question of factories/workshops/industries working in the residential area i.e. non-conforming area have been taken up by the larger Bench of this Tribunal while considering the case of N.S. Yadav v. Commissioner of North Delhi Municipal Corporation (O.A. 435 of 2016) while considering the said case, the Bench has also taken into account the order dated 20.07.2018 passed in Original Application No. 56(THC)/2013, Satish Kumar v. Union of India, whereby it has been observed that Pollution Control Boards and Committees should be manned by responsible persons who can perform their duties and if possible persons with judicial background may also be appointed. Similarly in the case of Chattar Singh Rachhoya v. North Delhi Municipal Corporation, (Original Application No. 726/2017) an order has also been passed by the larger Bench on 28.09.2018 wherein directions have been issued, inter-alia to the Chief Secretary of Delhi for calling a meeting, indicating persons accountable for such repeated default and to report about the action taken to the Tribunal within a month. Thereafter in the case of N.S. Yadav (supra) similar directions have been issued to the Chief Secretary and Tribunal had even levied an environment compensation of Rs. 50,000/- each for the damage to the environment by persistent defaults and inaction towards violations of the rules and directions issued by the Tribunal. The said amount is to be recovered from the heads of the said respondents personally.

Therefore, as in this case similar situation arises and the Applicant has raised identical grievance, we therefore deem it proper to reiterate the directions given in aforementioned cases, which would be as follows:

(a) The units carrying out illegal activities and creating pollution, including unauthorized workshops, carrying out servicing, repairing, denting, painting, and junk dealing etc. in violation of law may be stopped forthwith. Report of action taken may be submitted _before this Tribunal within one month.

(b) Respondents are held liable to pay environmental compensation of Rs. Fifty Thousand each for damage to the environment by their persistent defaults and inaction towards violations of the rules and directions issued by the Tribunal. This amount should be recovered from the heads of the said respondents personally to be deposited with the CPCB within one month.

(c) The Chief Secretary, Delhi may call a meeting of the concerned authorities and direct an action plan to be prepared and implemented by a team comprising the DCP of the area, SDM and the senior officer of DPCC. The said team must also conduct a public hearing on the spot atleast once in every week.

(d) The Chief Secretary may also indicate persons accountable for such repeated default and failures and take appropriate action under CCS (CCA), Rules, 1965 and submit action taken report to the Tribunal.

Accordingly, this application is disposed of, with no A order as to cost.

The Chief Secretary, Delhi may send compliance report on or before 30.11.2018 by e-mail. The same be registered separately listed along with aforesaid connected matter on 03 December, 2018, so that assessment can be made with regard to the action taken.