New Delhi: National Green Tribunal has imposed a penalty of Rs 10,000 each on the members of a joint committee for failing to submit a report within the stipulated time on alleged industrial operations being carried out from residential premises in violation of environmental norms.
The tribunal, on April 28, constituted a joint committee comprising representatives of the member secretary, DPCC, district magistrate and commissioner, MCD . The tribunal again, on Aug 31, directed the committee to file the report. Emphasising that the right to clean and healthy air or environment is a fundamental right under Article 21 of the Constitution of India, the tribunal said the state and its instrumentalities have a constitutional obligation under Article 48A to take requisite measures for protection and improvement of the environment. “In view of the non-compliance with the orders passed by this tribunal and consequent unnecessary adjournments thereby caused, we are constrained to impose costs of Rs 10,000 each on the members of the joint committee.
“We express our displeasure regarding non-compliance with the order passed by this tribunal despite expiry of more than five months since the passing of the order dated April 28 and about one month from the date of passing of order dated Aug 31,” said the bench in an order dated Sept 30. “The members of the joint committee, being instrumentalities of the state, are expected to faithfully discharge this constitutional obligation and also to ensure that the fundamental right to clean and healthy air is not violated,” said NGT. On deposit of the costs by the members of the joint committee, costs shall be payable to the applicant,” said the tribunal. The tribunal also declined the DPCC counsel’s request to waive the costs in the “larger interest of environmental justice”.
NGT had also disposed of the original application and directed the joint committee to verify the factual position and environmental norms and submit an action taken report within two months. However, as the report was not submitted within two months, the applicant filed the execution application, seeking compliance with the original order. It observed that non-compliance with its orders was serious and that compliance by the respondents concerned, subject to the right of appeal, was essential to maintaining and enforcing environmental rule of law.
1, Bahubali Extension, Karkardooma. You Can Also Check: Gold Rate in Delhi | Silver Rate in Delhi | Bank Holidays in Delhi | Public Holidays in Delhi | Delhi AQI | Weather in Delhi | Petrol Price in Delhi | Diesel Price in Delhi | CNG Price in Delhi | LPG Price in Delhi Stay updated with the latest Delhi news. The applicant filed a plea before NGT, alleging that full-fledged industrial operations were being carried out from residential premises in Gali No. The applicant claimed that, as an immediate neighbour, he is directly and continuously exposed to these hazardous emissions, resulting in breathing discomfort, eye and throat irritation, headaches and persistent nuisance. Download the TOI App.