1. This Original Application was filed with a complaint that respondent no. 6 is operating an illegal scrap shop in Khasra No. 34/17 and 24, Ground Floor, (Landmark near Wine Ship) Village Samaipur, Delhi and causing damage to environment.
2. This Tribunal issued notices on 12.05.2023, pursuant whereto, response/Status Report was filed by DPCC vide e-mail dated 24.07.2023 which was considered on 04.09.2023. The relevant extract of Report was reproduced in para 5 of the said order, as under:
“5. Status report has been filed on behalf of DPCC vide email dated 24.07.2023. The relevant part of the status report has reproduced as under:-
“STATUS REPORT ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE IN COMPLAINCE TO THE ORDER DATED 12.05.2023.
X X X X
2. That, in compliance of the order dated 12.05.2023 passed by this Hon’ble Tribunal a joint inspection of the site was carried out on 10.07.2023, by the officials MCD and DPCC. During the inspection it was observed:
a) Unit named “Jayant Iron Store” found existing and is a kabadi/ scrap shop engaged in the activity of storage/ segregation/ trading of scrap and found non-operational during inspection.
b) Unit owner/ representative shows the MCD license.
c) Scrap (iron, etc.)/ material found being loaded in a truck and as information/ told by Sh. Jayant Kumar, owner/ representative of unit that they are shutting down the unit & vacating the premises.
d) Some shuttering work material like fatti, balli etc. found in the premises.
Copy of the inspection report alongwith geo-tagged photographs taken during inspection are enclosed herewith as ANNEXURE-1 (Colly).
3. That, MCD has submitted ATR dated 19.07.2023 in view of the joint inspection of the site which was carried out on 10.07.2023. MCD has conducted field inspection of site in question on 19.07.2023. No scrap / Kabadi shop was found running/ operational from location/ site. Copy of theR submitted by MCD alongwith geo-tagged photographs taken during inspection by MCD are enclosed herewith as ANNEXURE-2 (Colly).
4. The president of RWA informed that scrap shop was functioning on encroached DDA Land, which was found vacated by MCD on 19.07.2023.”
3. This Tribunal found that the report was not satisfactory and have not given complete information on various aspects and made its observations in para 6 of order dated 04.09.2023 as under:
“6. We have gone through the status report and find that the approach adopted by DPCC to enforcement of the environmental laws is faulty and highly unsatisfactory. Further, the status report filed by the DPCC is also materially deficient. In the status report it was mentioned that unit named Jayant Iron Store was found existing which was a kabadi/scrap shop engaged in the activity of storage/segregation/trading of scrap. The said unit was found non-operational during inspection. In the status report it has not been mentioned since when the said unit was operating. DPCC has felt contended in merely reporting that on the day of inspection scrap, iron, etc./material was being loaded in a truck and as per information given by Mr. Jyant Kumar, owner/representative of the unit he was shutting down the unit and vacating the premises. In its report the DPCC has not mentioned to whom the premises belonged and what was the status of Mr. Jayant Kumar regarding the premises in question. No information was obtained from concerned Governmental Agencies namely DDA and MCD regarding the same despite the fact that general trade/storage license had been issued by MCD, Central Licensing and Enforcement Cell to Mr. Jayant Kumar which was valid upto 31.03.2024. In the status report it has been merely mentioned that the President of RWA informed that the shop was functioning on encroached DDA land. In the status report filed by the DPCC it has not been verified as to whether there was any violation of the environmental norms by the Project Proponent or not and no action has been initiated for imposition of environmental compensation in case of violation of environmental norms…….”
4. Consequently, Vice Chairman, Delhi Development Authority and Member Secretary, Delhi Pollution Control Committee (hereinafter referred to as ‘DPCC’) were directed to verify factual position and file reports.
5. DPCC has now filed an additional affidavit vide e-mail dated 12.12.2023 in which DPCC has stated that in the premises in question, Mr. Jayant Kumar was running iron/scrap shop after taking licence from Municipal Corporation of Delhi on 18.04.2023 which was valid upto 31.03.2024. However, now the iron/scrap shop has been closed, entire material has been removed and license has been surrendered. Para 7 of the additional affidavit filed by DPCC is reproduced below:
“ADDITIONAL REPORT ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE WITH RESPECT TO THE ORDER DATED 03.10.2023.
xxx......................................xxx..............................................xxx
7. That, to know the current status of the site, a joint inspection of the area i.e Block 1-11, Sector-16, Rohini, Delhi was carried out on 04.12.2023 by the officials of DDA, MCD and DPCC. During the inspection it was observed:
1) The exact location of the premises in question is Kh. No. 34/17 & 24, Ground Floor, (Landmark near Wine Shop) Village Samaipur, Delhi-110042 as per the electricity bill of premises and it belongs to the Sh. Jayant Kumar S/o Sh. Chhote Lal Rio Kh. No 65, H.No. 155, near DTU-PNB Shahbad Daulatpur Village, Delhi-110042.
2) The area of the premises in question is about 775 Sq. yards out of total area/piece of land of 3413 Sq. yards.
3) Sh. Jayant Kumar has taken "General Trade/Storage License" from MCD dated 18.04.2023 which is valid upto 31.03.2024 on area measuring 40 Sqm out of 775 Sq. yards. Two telecom/mobile towers in area of about 30 ft X 60 ft. were also found installed near the alleged shop and in the premises of 775 Sq. yards.
4) No concrete information/valid proof provided/shown by the owner regarding the start the work of 4 storage of metal scrap and its loading & unloading activity at the alleged premises. The MCD official informed that the MCD License is granted online and in this case it has been taken first time (as New License) on 18.04.2023 and is valid upto 31.03.2024. As enquired from the complainant Sh. Rajesh Kumar and RWA president Sh. Virender Hooda, it was informed that they have made complained against it to Delhi Police in September 2020. Sh. Jayant Kumar, premises owner informed that he had shifted the storage work to this premises last year however not replied on the date/ month. So, date of start of shop may be considered as September 2020.
5) No construction activity was observed.
6) Alleged shop was used for storage of metal scrap. During inspection no scarp found stored in the shop and found vacant except an old steel Almira, a graden pipe. A tin shed/shutter pieces, a condemned road roller (which was earlier found outside in inspection dated 14.09.2023) and a bike found in the premises. Also, shuttering work material like fatti, balli, found lying/stored in front of premises. Open area, near the premises is also being used by others to park their trucks.
7) No plant machinery found installed in premises of Sh. Jayant Kumar. No industrial activity observed during inspection and no pollution w.r.t. noise/air/water observed by the joint team.
8) Sh. Jayant Kumar, owner of the premises/ shop informed that he had closed the shop/work at this premises and has also submitted letter to MCD regarding closure of the work & surrendering the license of the premises. Also, the DDA representative informed that work in the matter i.e. 8m road as per the layout plan of DDA of Residential area, Pocket 1-11, Sectror-16, Rohini, as referred in earlier inspection dated 14.09.2023) has been started i.e. TSS has been conducted however its report is still awaited.
9) MCD and DDA official were asked to provide theR in the matter and to keep vigil to avoid any illegal activity in the premises.”
6. Learned Counsel for applicant has not disputed the above factual status given by DPCC.
7. In view thereof, we accept the report. Since no further order is required to be passed in the present application, the application is disposed of accordingly.
