CHETNA RESIDENTS WELFARE ASSOCIATION MANGOL PURI vs GOVT. OF N.C.T. OF DELHI

1 Item No.

05 Court No.

1 BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Original Application No.

706/2023 Chetna Residents Welfare Association Mangol Puri Applicant Versus Govt. of NCT of Delhi & Ors.

Respondent(s) Date of hearing: 28.11.2023 CORAM: HON’BLE MR.

JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR.

A.

SENTHIL VEL, EXPERT MEMBER Applicant: Mr.

Himanshu, Advocate ORDER 1.

In this original application, Applicant has raised the grievance that the Respondent No.

10, in collusion with other official respondents, is illegally extracting ground water for running car/bike washing center at shop no.

T-1/3, T-Block, DDA Market, Mangol Puri, Delhi – 110083, thereby causing wastage of ground water and toxic water being sludge into drain in violation of environmental norms.

2.

As per the allegation, an illegal borewell/submersible is installed in the premises in question since 2020 and Respondent No.

10 is washing approximately 150-200 bikes illegally using the ground water.

The borewell of Respondent No.

10 was sealed on 11.03.2020 by Tehsildar/Executive Magistrate, Rohini, North West, Delhi but even thereafter, the Respondent No.

10 is unauthoridely extracting the bore water.

A complaint in this regard was also submitted to the Delhi Jal Board (DJB).

In this factual background, the Applicant has made a 2 prayer to take action against the Respondent No.

10 and to seize the borewell and also to seal the washing center of the said respondent.

3.

Having regard to the issue which has been raised in the OA and also taking note of various enclosures filed along with the OA, we find that the issue at the first instance, needs to be considered by Respondent No.

7, Member Secretary, Delhi Pollution Control Committee (DPCC).

4.

Hence, we dispose of the OA directing the Respondent No. ondent No.

7 to duly examine the grievance of the Applicant and if the allegation is found to be correct, take necessary remedial action in accordance with law after duly following the principles of natural justice.

Let this exercise be completed within a period of three months from the date of receipt of a copy of this order.

5.

Respondent No.

7 will submit the action taken report before the Registrar General of this Tribunal by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.

If found necessary, the matter will be listed for consideration.

6.

The OA is accordingly disposed of.

7.

Let a copy of this order be forwarded to the Member Secretary, DPCC by e-mail for compliance.

Prakash Shrivastava, CP Dr.

Senthil Vel, EM November 28, 2023 Original Application No.

706/2023 DV