Delhi High Court: A case was taken up by the Court by exercising its suo motu powers to take cognizance pursuant to a letter highlighting pollution in Mundka village and other villages arising out of dumping of electronic, plastic and medical garbage as well as discharge from other polluting industrial units. A division bench of Satish Chandra Sharma, CJ., and Sanjeev Narula, J., directed the Municipal Corporation of India to ensure that there is no illegal dumping of electrical, plastic and medical garbage in Delhi, contrary to the statutory provisions and it shall take appropriate action against all the defaulting units under Section 416 of the DMC Act and the other authorities in accordance with law against all violating units in Delhi.
The letter emphasized the deteriorating living conditions in Mundka Village due to extreme pollution level. The prevailing problem of pollution is due to issues related to garbage including articles of Electronics, Computer Parts, Pipe, Bathing Tub, Rubber, Polythene, Medical Garbage etc. The complainant further contends that the business of plastic is rising approximately in all villages (Mundka, Nangloi, Ranhola, Bakkarwala, Neelwal, Tikri, Ghevra, Nijampur, Ranikheda, Madanpur Dabas, Puthkalan (near Sultanpuri) Kamruddin Nagar, Naresh Park, Nangloi etc).
After the Court issued the notice, a status report dated 07-12-2021 was filed by South Delhi Municipal Corporation (SDMC), it was stated that on inspection and field survey of Ranhola Development area, out of total 41 plastic/PVC units, only 13 units had valid Municipal Factory Licenses by the SDMC. The rest of the 28 units do not have pollution certificates from Delhi Pollution Control Committee due to which Municipal license has not been granted to them. Thus, in these 41 units, no kind of burning of waste was found. The status report further stated that efforts are being made by the respondent SDMC to identify more such units dealing in the plastic trade. No plastic/PVC wholesale market is situated in the Ranhola area. During inspections of the area on several occasions, no activity of mass burning of plastic/PVC was found, except for a few instances, which were stopped, and warnings were issued in this regard by Respondent SDMC.
The status report further revealed that SDMC has sealed 831 illegal industrial units in residential areas of South Delhi that include pollution-spreading units like Autoworks, Injection molding, dyeing/coloring, Plastic industries, etc. SDMC presently, is taking up the closure of coloring/dyeing units in Meethapur, Badarpur for which a survey was carried out, thus increasing the efficiency of the inspection.
It was also stated that SDMC is keeping a check over the disposal of plastic garbage as the same is sold by the industry operators to Waste dealers/Kabariwala. Further, the Industrial waste disposal system through Effluent Treatment Plant (ETP) is permitted by DPCC to ensure that the waste of chemicals, fumes, and water is not released into the atmosphere and the ETP ensures its safe disposal. SDMC issues only Factory Licenses to industrial units subject to fulfillment of pollution norms and further managed garbage collection and Management of sanitary landfills.
As per the status report filed by NMDC, out of 737 factories, involved in various activities of manufacturing plastic products, electrical goods, wooden furniture works, hardware, household/kitchen appliances, shoe making and repairing, surgical instruments and equipment, auto parts, printing press, industries relating to engineering works etc. and the factories in industrial areas were found to be running with valid licenses, 42 units were found to be operating without licenses and operating in residential areas/ agricultural land. Such units have been issued closure notice and challans by the NDMC.
NDMC further submitted that further action was taken against the units dealing with plastic, which were found to be indulging in illegal storage of plastic on agricultural land/residential areas. The stored plastic on the agricultural land was confiscated and removed by the officials of the North Delhi Municipal Corporation. Municipal Corporation regularly monitors and checks industrial/factory units operating in non-conforming areas i.e., non-industrial areas and residential areas, for closure of illegal factories of all trades. Thus, North Delhi Municipal Corporation has initiated action in the form of challans and closure notices against all the unit’s operating in non-conforming areas.
MCD submitted vide status report that a number of challans and closure notices have been issued to unlicensed units. Further action is also being taken against the units which are found to be indulging in illegal storage of plastic on agricultural land/residential areas. The stored plastic on the agricultural land was confiscated and removed by the officials of the MCD. The status report also reflects that the MCD is monitoring and keeping a check on industrial/factory units operating in non-conforming areas i.e., non-industrial areas and residential areas, for closure of illegal factories of all trades. Further, where the industrial units are running without a valid license, no illegal burning of plastic waste was found. No plastic/PVC wholesale market is situated in the areas under the jurisdiction of erstwhile North DMC, where usually mass burning of plastic/PVC waste is done.
The Court concluded that the industrial units are regulated and kept in check through pollution control norms implemented by DPCC. After obtaining the Pollution Control Certificate, the unit operators can apply for Municipal Factory License, Regular Challans are issued by DMC under Section 416 of the DMC Act, 1957 in case of unlicensed units. The DMC issues Factory Licenses to industrial units only subject to fulfillment of pollution norms and manages garbage collection and management of sanitary landfills.
Thus, the Court directed the MCD to ensure strict compliance with the statutory provisions under the Environmental laws and conclude action initiated by them against the violating units, units which are functional in non-industrial areas, units which are violating the norms laid down by Delhi Pollution Control Committee within a period of 4 months from today.
[Court on its own motion v. South Municipal Corporation of Delhi, 2023 SCC OnLine Del 4980, decided on 18-08-2023]
Advocates who appeared in this case :
Ms. Beenashaw N. Soni, Standing Counsel with Ms. Mansi Jain, Advocates for Respondent/MCD.
