Order to shut down the premises operating commercial activities without permission and in violation of environment norms passed – NATIONAL GREEN TRIBUNAL
A complaint was filed against the factories and other premises where commercial activities are operated without permission and are in violation of various environmental norms. The tribunal takes cognizance in the matter and passes an order to regulate and seal down these premises the order was passed by a three-member bench of HON’BLE MR. JUSTICE SUDHIR AGARWAL, HON’BLE DR. NAGIN NANDA, and HON’BLE DR. AFROZ AHMAD in the case of Rajeev Aggarwal versus North Delhi Municipal Corporation & Ors(Original Application No. 207/2021)
An order was passed concerning the complaint and the authorities were appointed and directed to undertake the study of the situation and remedial measures required. DPCC will be the nodal agency for coordination and compliance and the committee may make recommendations for safety, sanitation, hygiene, and a pollution-free environment. The Committee may make a brief survey of the carrying capacity of the recipient environment to sustain the nature and extent of activities. The Committee may not limit its deliberation only to the area specified by the applicant but also cover other such places in the city. Following the order, reports were filed by the DPCC
The report findings show that the ten premises mentioned by the applicant in the original application were inspected by joint Committee and they found that in three places, impermissible activities were going on and those premises have been sealed and the remaining premises are either small shops or vacant places and doing permissible activities.
Similar reports are being submitted by the Deputy Commissioner of Police and it was found that the premises where unauthorized and impermissible activities were going on were sealed Out of the remaining 7 premises, 5 were vacant and two were found being used as shops with permissible activities. Certain recommendations were made by the joint committee which was that the buildings can be allowed to operate only in specific areas and no industrial setup should be allowed in a residential area and the existing shops can operate by obtaining special permissions. These recommendations were given by the committee.
The reports also stated that the show-cause notice of Rs. 2 lakhs on each violator should be imposed as environmental compensation and no objections have been filed in this matter. The reports were accepted by the tribunal and it was considered that the concerned authorities shall ensure recovery of environmental compensation from the concerned violators in not later than three months The direction will not preclude the concerned Statutory Regulator from taking such other and further action as permissible in law after giving due opportunity to all concerned parties and the application is disposed of accordingly.
Order reviewed by Naveen Sharma