1. This application has been filed for stopping of activities of servicing, repairing, denting, painting and junk dealing etc. being carried out by various unauthorised car workshops and car mechanics in the area near and around Chaudhary Brahm Prakash entry gate of village Nahar Pur and near Bhagwan Ram Mandir Temple Complex, Block-E, Rohini Sector-7, Rohini, Delhi-110085, including sealing of the such unauthorised car workshops and mechanics shops.
2. According to the applicant, illegal activities mentioned above, are taking place inspite of complaints to the Delhi Pollution Control Committee (DPCC). Reply has been filed by the DPCC admitting that the automobile servicing activities are being run are in non-conforming areas, in violation of Master Plan for Delhi 2021. The Chief Secretary of Delhi, in meeting, held on 06.06.2015, directed that action be taken against the industrial activities in non-conforming areas in violation of the MCD rules. The complaint of the applicant was also referred to the Deputy Commissioner (Factory License). A reference has also been made to the judgment of the Hon'ble Supreme Court in M.C. Mehta v. Union of India, (2004) 6 SCC 588, constituting a Monitoring Committee headed by the Chief Secretary, Delhi to deal with the situation.
3. On 03.10.2016, a status report has been filed by SHO, Rohini stating that there are 200 shops where such illegal activities are being done in the area. The Applicant has alternative remedy of approaching the SDM under Section 133 Cr. P.C. The Delhi Municipal Corporation in its status report filed on 30.11.2016 has stated that the encroachment removal has to be done by the Delhi Police.
4. Our attention has been drawn to the order of this Tribunal dated 02.11.2015 in Original Application No. 197/2014 in the matter of Aviation Employees Co-operative Housing Building Society Ltd. v. Commissioner, EDMC, dealing with similar issue and directing as follows:
“1. Respondents shall take all such measures necessary for stoppage of the activities including sealing of unauthorized auto-workshops, welding shops, building material shops on 80 feet Zonal Road at Gagan Vihar, New Delhi-110051.
2. Police shall cooperate with the Respondent Municipal Corporation in execution of its work of halting unauthorized activities referred to herein above.
3. Respondent No. 2-Commissioner of Police Headquarters shall take action against unauthorized parking of vehicles on the public street i.e. 80 feet Zonal Road referred to herein above.”
5. The resume of the above facts shows that it is undisputed that illegal activities are going on and there is total apathy on the part of the DPCC as well as the Police authorities in performing their duties. The said authorities have merely shifted the responsibility from one to the other. According to DPCC, the responsibility is of the Delhi Police. According to the Delhi Police, the matter has to be dealt with by SDM under Section 133 Cr. P.C. This is nothing but avoiding the statutory and legal duties.
6. Faced with the similar situation, this Tribunal vide order dated 20.07.2018 in Original Application No. 56(THC)/2013, Satish Kumar v. Union of India, 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. Further directions were issued as follows:
“20. In the circumstances of the present case, we consider it appropriate to direct as follows.
(i) The Chief Secretary Delhi is directed to coordinate with the concerned municipal authorities, the police authorities and other officers responsible for compliance of orders of this Tribunal already passed referred to above to ensure compliance at the ground level forthwith. The Chief Secretary must hold a joint meeting with the persons considered responsible for compliance within two weeks from today and till the orders remain un-complied, continue to hold such meetings atleast once in a month. It will be open to the Chief Secretary to seek feedback from concerned in habitants about the ground situation.
(ii) We give four months time for compliance of this order. On expiry of period of four months, the Chief Secretary must file his own affidavit with regard to the steps taken.
(iii) The Chief Secretary may also indicate the persons accountable for their failures so that this Tribunal can consider prosecution or other penal action against the persons failing to perform their legal duties.”
7. The said matter is now to come up on 03.12.2018 to consider the compliance report of the Chief Secretary, Delhi.
8. Vide order dated 28.09.2018 in Original Application No. 726/2017, Chattar Singh Rachhoya v. North Delhi Municipal Corporation, there was further consideration of the similar matter and following directions were issued:
“9. Accordingly, we pass the following directions:—
(a) The units carrying out illegal activity or creating pollution, including handling of plastic waste, in violation of law may be stopped and extra construction be demolished forthwith. Report of action taken may be submitted before this Tribunal within one month.
(b) Respondent nos. 1-3 are held liable to pay token environmental compensation of Rs. one lakh 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.
10. Report of action taken may be furnished by the Chief Secretary, Delhi within one month from today and the three Member Committee may send their report within two weeks of its functioning but latest by 15.11.2018 by email at filing.ngt@gmail.com.”
9. Since the situation in the present matter is identical, we dispose of this application with similar directions, i.e.:—
(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.
10. A copy of this order be sent to the Chief Secretary, Delhi by e-mail.
11. The Chief Secretary, Delhi may send compliance report on or before 30.11.2018 by e-mail at filing.ngt@gmail.com.
12. List again on 3 December, 2018 alongwith the above connected matters.