NGT directs DPCC to submit action taken against defaulting industries in Narela, Bawana

The tribunal made it clear that the power under the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981 and the Environment Protection Act, 1986 to recover compensation is exercisable by the DPCC exclusively which cannot be delegated to the SDM or the municipal corporation.

“However, the SDM and the municipal corporation are free to exercise their own statutory powers under the Municipal Act or the Code of Criminal Procedure (CrPC) or any other enabling statutory powers. The DPCC is free to take assistance of an agency as per law but the responsibility of compliance is of the DPCC itself,” the tribunal said.

During the hearing, the NGT was informed that solid waste has been disposed of at waste to energy plant and 244 units found dumping/burning of waste have been asked to pay environmental compensation of Rs 50,000 each. “143 out of them have paid the amount and the remaining 101 units, who failed to deposit the amount, have been directed to be closed. SDM has been asked to recover the damages as arrears of the land revenue. A policy has been framed for recovery of compensation. In a surprise inspection, no open burning was seen,” the bench was told. The tribunal has put up the matter for consideration on September 12.

It also reiterated that every order of the NGT is binding as a decree of court and non-compliance is actionable by way of punitive action in terms of the National Green Tribunal Act, 2010.

The green panel’s direction came on an application filed by city resident Arun Kumar through e-mail seeking action against plastic industries making shoe soles and other plastic goods such as rexine, adhesive and other highly inflammable items in Narela and Bawana area. The plea alleged that these industries are throwing their waste here and there in the area which is creating problem to residents and environment.