BENCH, NEW DELHI Original Application No

BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI Original Application No. 515/2019

In the matter of:

Budhela President, Welfare Association ...Applicant

Versus

Govt. ofNCT ofDelhi. ...Respondents

NDOH:-04.02.2021 INDEX S.N. Contents Page No.

1. Action Taken on behalf of Report [— ¢s DPCC with respect to order dated 23.07.2020.

2. Annexure-I (Colly). of the reminder of the ~ Copies direction dated + io) 21.01.2021to land owing agencies for submission Of ATR along with the list of the grounds.

3. Annexure-II. List of Tent House who have installed ETP 9 and have taken consent from DPCC.

4. Annexure-II. Copy of the DDMA order dated 18.11.2020. je — Ul

Filed by:

(Ajeeta Dayal Agrawal) Sr. Environmental Engineer New Delhi:

Dated: 25.01.2021. oO) BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL, PRINCIPAL BENCH, NEW DELHI Original Application No. 515/2019

In the matter of:

President, Budhela Welfare Association ... Applicant

Versus Govt. ofNCT of Delhi. ... Respondents

ACTION TAKEN REPORT ON BEHALF OF DELHI POLLUTON CONTROL COMMITTEE WITH RESPECT TO ORDER DATED 23.07.2020.

That this Hon*ble Tribunal last took up the above referred matter on 23.07.2020 and directed to file further compliance report in the matter.

That earlier, DPCC had filed its action taken report on 21.07.2020 which is available on the records ofthe This Hon‘ ble Tribunal and considered by this Hon‘ble Tribunal while passing the order dated 23.07.2020.

That, the land owning agencies, who are allotting their vacant land for holding the functions were issued directions on 13/12/2019 to include environmental in their management existing policies while allotting open for grounds holding social, cultural, commercial and marriage or any other functions and for the strict compliance.

That reminder ofthe direction was issued on 21/01/2021 to the land owning for agencies submission of Action Taken Report along with the list of the grounds where such functions are allowed. Copies ofthe reminder letter are attached herewith as Annexure- 1 (Colly). ®

That no with compliance report regard to the directions issued by DPCC have been received till date from any of the land owning agencies.

That a D.O. letter has also been written by Pr. Secretray (Env.)-cum- to Chairman, DPCC the heads o land owning agencies on 21/01/2021 for the submitting compliance/ ATR on the directions issued by DPCC on 13/12/2019

That random inspections were carried out by officials ofDPCC in the month of December, 2020 and 2021 in entire January, Delhi to see the compliance of the directions issued DPCC dated by 13.12.2019. However, nowhere any social, cultural, commercial and matriage or other function was observed.

That the during inspections conducted, nowhere in the open grounds for ETP was marriages, found installed except at 4 places in Rajouri Garden where 4 tent houses have installed ETP and have also obtained consent from DPCC. List of the tent houses are enclosed at Annexure IT.

That functions are being allowed with restrictions imposed by DDMA in the territorial jurisdiction of the GNCTD. In the wake of Covid-19 Pandemic the GNCTD as DDMA, per order dated 18.11.2020 gathering is allowed as per the criteria in following marriage related functions in NCT of Delhi, outside the containment zone. a) In closed maximum spaces, of 50% of the Hall capacity will be allowed, with of 50 ceiling persons. Wearing of face masks, maintaining social distancing provision for them

b) In open the size spaces, keeping of the ground/space in view, subject to ceiling of 50 and with strict persons observance of social distancing, mandatory of face wearing mask, provision for thermal scanning and hand wash or sanitizer.

of the Copy DDMA order dated 18.11.2020 is attached herewith as Annexure- ITI. @

The present status report may kindly be taken on record.

(Ajeeta Dayal Agrawal) Sr. Environmental Engineer rat aoa Rare am Taal aR rat coll WAR Sanjeev Khirwar, OF aa A) IAS NATIONAL CAPITAL OF DELH] Bo .Govr. TERRITORY wT Ud ay sia) cer-6, Bat Rek110002 oswafera (caterer= rq athe af (Sead Aga BERT STC) WING-C, DELHI .P, NEW Pr.‘Secretary Forest & Wild LEVEL, SECRETARIAT, DELHi-t10002 Baa (Environment, Life)-Cum- ESTATE, Chairman Pollution Control TEL. (Delhi! NO. 23392108, TEL, INO. : . Committee):~ \ : IFAX ' Ze.atheWt 265" D.O:No Dpee | F- | | - ot — 322)] Dated fl

Dear . \ frnmersrgt Cail in “As you aware, -in compliance of the ble NGT are Hon’ order in the cated 03.12.2019 labove mentioned matter, a meeting was: taken |by me on | } “91.12.2019 with all land owning for the agencies, framin Policy/guidelines nme ) respect of holding social, religious! and: other. functions lin open | \ } park/ground/iand of local bodies/DDA. Bases on the decisions.taken in the | i directionswere issued all the on 1312 meeting to stakeholders 2019

In compliance of the above Hon’ble NGT order, DPCC 1s also required to carry out random inspections and monitoring to check the compliance of the directions by the local bodies. your. office Consequently, was, requested: on 08.07.2040 to provide’ details of the where open parks/grounds/open land » the permission to hold social, religious and .other-functionis ‘given with-details of the functions to be held in near future However, no information has been received tilldate ~ I . . ¢ . ‘ taken issued Action report on;the directions ‘on 13. 12.2019, 1as also. —_ still not been received in {till date issuing on DPCC despite areminder 08 07.2020 & 12 01 2021 By way of this letter, ‘therefore, | would reruest you to di the for the rect, officers providing open. goncerned details ig | parks/grounds/ open lands and ‘the Acton taken! Report on! the directions issued on 13 at the } 12,2019 earliest, 1 7 Woh

| peed | te ue | / sincerely. | na Yours ra

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: (Sanjeev Kiar) : na? Ges Thy l, 1 / Sh. Gyanesh Bharti, IASa Commissioner, North Delhi Municipal Civic centre, Jawahar Lal Nehru Marg, Corpora jon Road, New Minto Delhi-110002 |

(Les | SA GREEN DELHI | SAY Novacrackek DELHILEAN AGS a WRG ayer area Teel OF DELHI CA\ ITAL TERRITORY GOVT. OF wi TIONAL *Feet 1000 ageSARE, DELHI Khinwan AS. ar ry NEW! ‘400 Sanjeev fra) det-6 ATA.ESTATE \ ct at | DELHI SECRET . a aw "LEVELS, WING-C, \ NO. 99302034 ne afte) Life)-Cum- : TELJFAX : aaa Red eam Forest &Wild TEL. NO. ss ta Environment, : 23392108, Pr Pluton Control Committee) PE Chair DO.No. E- DPCE ei |rst« (ath a

mir | Dated foilesh a pe Dear ble’NGT order ‘dated >. of the Hon’ with “Copaare aware, was yime \ As you cores. a meeting takenfin \respect of the. above me itioned matier, 03. in ‘the local 12.2019 for: policy/guidelines indian of land owning agencies, framing all in. open parkigro ns} and other’functions meeting were holding social, religious ‘taken in the directi Bases on the decisions. / bodies/DDA. on 2019. . stakeholders 12. to all the - issued 13.4 | DPCC is al required \ NGT i ofthe above Hon’ ble er, of In compliance | to check the . ‘and indiitoring: compliance random inspections [ to out our office was, requested‘ carry: local bodies. ‘Consequently, where \. the |lan the directions by of the open parks/grounds/open in al 2049 to is details on [email protected]. provide and other functign giverywith to hold social,detailsreligious been the permission no: has in near informatio to be held future. However. of the functions

till ( received date. | . also on 43. 12.2019 has’ taken on the.‘directionsIssued a Action report despite issuing) reminder on -in DPCC till date not been received { you, ‘still of this letter, ( & 2021. By way therefore, wauild requestpen. . 08.07.2020 12.01 for =sthe. details; concerned officers providing n yp to direct the taken: Report on the! directié y lands and the Acton: open weed parks/grounds/ atthe earlies® issued on 13 12 2019 {oo I ; both Yours sincerely veyed _ Ye. f i (

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a ee had our Sanitoe \ wig. Gyanesh IAS BhartiSouth Munici al Co de Cayommissioner, Delhi pa poration | - Civic centre, Jawahar Lal Nehru Marg, i j New Minto Road, Delhi-119002 al

SA ia SAY NO TO CRACKER DELHI-CLEAN DELHI GREEN Lo \ AGS \

| L ‘ | omfg) Pearar Tay Ted as feseht ware LS - 5 Sanjeev Khirwar, |JAS. GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI yo wd aha) fa (alae, at a7 Tae, Bra et | Re, fcei—110002 MT ate ay (eect naar aii) \ WING- DELHI SECRETARIAT, 1B NEW DELHI wR ~ LEVEL-6, Cc, ESTATE, 110002 Pr. Secretary (Environment, Forest & Wild Life)-Cum-, 4 Chairman (Delhi Pollution Control Committee) “TEL. : TEL. NO. , NO. { :2yse2106, wat 4302034 \ ) D.0.No. F.-Opte BY] asi | fem asea } | oy 01 an ae 311 \ K\Batedfrie reds

Dear , \ ( | A 7 } / | ‘the on’ble NG As you are awaarb, in compliance ‘of Toorder dated mentioned was mewith \ 3.12.2019 in the above matter,.: taken by’ 4 -aimesting - Il .the in r of land owning agencies, for framing polity/gyidelines Fespect - d.of local holding social, religious and other functions:in open park/gro und/lar ¢ the d taken the ns were bodies/DDA. Bases on cisions in meeting directi issued to all the stakeholders 12.2019. vi gn 13. i ing In compliance of the above Hon’blesnot order, DPCC: is also required to carry out random inspections and monitoring fo check the compliance of the directions the local office by podigs. Gonsequently,. your was requessted on 68 07 2028 to provide detdil¢ of the open parks/grounds/open land Ww ere the to hold and iS with permission social, religious other;function given details - of the functions to be held.in near no n: future. However. informatic has received till date. foe | #8 aon.

on ‘ “_ Action taken on the! directions 13.12.2019 report c issued has alsd till date a still ‘not been received in1~DPCC despite issuing} reminder on 08.07.2020 & 12. 01.2021. By way: of this letter, | would therefore; fequedt you" Sto direct the concerned officers for providing the” details ‘of “open _parks/grounds/ open’ lands and the Acton taken Report(on ‘the directions [ on at the . ‘issued 13.12.2019 earliest. a bet Wt Pe

Yours: 7) | sincerely

LAS ~ meta, Sh. Anuraj Jain, eve . Vice Chairman, Delhi Development Authority, | Vikas Sadan, INA, New Delhi-110023...

SA GREEN DELHI .— SAY NO DELHI-CLEAN TIC TO/CRACKER AGS roi | ope i Holle Raza amar waa Pah Sanjeev Khirwar, wat 1 JAS OF NATIO AL CAPITAL TERRITORY OF DELHI yo GOVT. waite ed me at at a) , 6, we, a feeet—110002" peas aaa (eee newer Pera GPA) fr, Teeth NEW Pr. Secretary DELHI,SECRETARIAT, LP 110002 (Environment, Forest,& Wil Liteycudn-“tps WING-C, ESTATE, DELHI! W Chairman Pollution - (Delhi Control Commijtee) ~TEL. NO. TELJFA : 23392034 : 23392108, NO. No. D.0. F.- 202) hasintss oa Ai-ol- | a sean Dear Lar ,; t As you are aware, ihcompliance: of the NGT dated” ‘Hon’ble order 03.12.2019 the above in mentioned matter, a meeting was ta ken by me all with

land w owning agencies, for |réspect of policy/guideline in - other in: holding social, religious and faringfunctidnsthe open ‘park/grov nd/land of ‘ local bodies/DDA. Bases on decisions taken directions:- - the in the meeting were. issued to all 8rs on 13: the 12.2019. on | ited } In f of the above ‘ble is algo . compliancs Hon’ ner order, DPCCii required’ to carry out fandom check the of inspections and monitoring to compliance the directions by the local office was] uested bodies: Consequently, your req _ on 08.07.2099 to provide details of the open parks/grounds/opén land where. the to hold | permission social, and other function is g ven ith details of the functions to be in. near future. -no inform been | :However, nation received till date held hae Rap be

Action taken | on‘fhe.directions issu dion 13. 12 has. oo report 2018 bso ‘still not been receivéd- in. ‘till te a rer DPCC’ datefeu ‘issuing minder : 08.07.2020 & | _. | f this th wd uld re 12.01.2021.By.way letter, erefore, to i » direct the: concerned for. ing -the de muestyou offic ts: ‘provid atails|: of: Open, parks/grounds/ open lands and:.the Acton taken Report on thel directions issued on 13 12 2019 at the earliest

a ‘ 7 bo OM sincer y, cl } ours ; / oa rae . a \ a Oe. a \ x ih (Sanjeev +hjrpiay Wy".

ee Sh. Dharmendra, IAS, Bele. a Chairman,,New Delhi Municipal Council’ es Palika Kendra, Parliament Street New pore ~ Delhi-110001 ey (eo

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en } fi SA a GREEN DELHI-CLEAN DELHI NO STIC SAY TO CRACKER \ ON 4

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mn | ay, data a da wa | SanjeevRearKhirwar,/lAS aril fed wot D aO NATIONAL OF ‘ ; , GOVT. C. DELHI aera eT, a via) el neandi (lech a, Rec SRT EY, ailSot Wee, WS 110002 a Hagupae utWe eewe Pr. Secretary WING-C, SECRETARIAT, DELHI-110002 Fe Fa (Environment, Forest & Wild bife}-Cum- BEVEL-6, DELHI NEW Chairman (Delhi Pollution Controt HP. ESTATE, ~ Committe e) TEL. NO; TEL/FAX ) 23392108, NO. : 23392034 :

| } D.O. No. p= en ‘ Dpec/em W frsi—ass gy yy rats Dated Dear [\xA

, : \so As you are in 5 aware, compliance of the Hon’ble. NGT order 12.2019 in the dated 03. above mentioned matter! a was me on 11. meeting by | LA 12.2079 with all land owning the sitaken agencies, framing ON \ of for luidelines’in | respect social, holding religious’, and ‘other fun tions in open ‘ park/ground/land of loca! bodies/DDA Bases the re on decisions in the meeting directions issued to were stakeholdets on 13. 2.20ne va all the, 1 “In compliance of thé: Hon’ble above NGT DPCC is also required to carry out random ont inspections and monitoring’. to\check liance of the directions the local: by bodies. Consequently, offiwin on tar was. requested / , to provide details the a 08.07.2039 of open-p land where ‘, the to rkg/grounds/open.i permission hold.social; religious and other function is given with details — of the functions to be held. in I future: However, no information has been oj: Th received till date ear |

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a | . Action taken on report the directions issued on 13 12.2019!| has also sill not in been received DPCC till, date espite 08.07.2020 & reminder en 12.01.2021/ Byway of this letteh, 1erefore;.| would re / » to. you | _ direct “the concerned officers. for. uest - providing the otaila ofopen parks/grounds/ tands open and the Acton. Report issued 2019 on;‘the directions. atthe earliest on13:12 Pie|

. = mayen haere ye da { a NN i . wine Yours sincerely ; [ ; ‘ wy i i . 4

gh | SA ! \ GREEN DELHI-CLEAN DELHI SAY NO TiO AGS CRACKER @)

Annexure IT

LIST OF TENT HOUSES WHO HAVE INSTALLED ETP AND HAVE TAKEN CONSENT FROM DPCC

1. Deepali and Exhibits - Designs (P) Ltd., Chunk C, District Centre, Shivaji Enclave, Raja Garden, New Delhi-110027.

2. Kawatra Tent and Caterers Chunk - (P) Ltd., D, District Centre, Shivaji Enclave, Raja Garden, New Delhi-110027.

3. Kohli Tents - (P) Ltd., Chunk E, DUSIB Land, Raja Garden, New Delhi-110027.

4. Kohli Tents - (P) Ltd., Chunk B, Shivaji Place, Raja Garden, New Delhi-110027 Annexuve- GOVERNMENT OF NCT OF DELHI JL (© DELHI DISASTER MANAGEMENT AUTHORITY

FNo 1.(545)(DDMA (HQ)/Closing market/COVID-19/2020/ \ 4 BI Dated: 1g] ORDER nh

Whereas, the Delhi Disaster Management Dathi is threatened Authority (DDMA) is satisfied with the spread of COVID-19 that the NCT of a epidemic, which has pandemic by the World Health already been declared as Organization, and has considered measures to prevent its it necessary to take spread in NCT of Delhi; effective

Ard whereas, Delhi Disasier Management orders/instructions from Authority has issued time to time to all authorities various appropnately concerned to take all deai with the situation, required measures to

And whereas, Ministry of Home Affairs DM-t (MHA), Govt of (A) dated 30.09.2020 annexed India, vide Order No. 40-3/2020- with guidelines Stato/UT to for Re-opening, which allow gathenngs inter-alia permitted beyond the lumi of 100 academic/sports/entertainment/cultural/religious/political persons in social/ areas outside the Containment functions and other Zones, after 15.10.2020 congregations, in subject to the certain conditions; And vhereas, Ministry of Home Affairs, Govt of (A) dated 27.10.2020 has India, vide Order No further ordered that 40-3/2020-DM-I of even number dated guidelines for re-opening issued 30.09.2020, will remain vide MHA’s order in force upto 30.11.2020: And whereas. DDMA has issued order No. 338 following number of dated 31.10 2020 persons were allowed in wherein, inter alia, Dethi outside the marriage related Containment Zones gatherings only in the subject to compliance NCT of of certain conditions/ SOP: a. In closed spaces, a 60% ceiling of 200 maximumof of the hall persons. of capacity will be allowed, provision Wearing face masks, with a for thermal scanning maintaining social and use of hand wash distancing, or sanitizer will be b. In mandatory. open spaces, keeping the observance size of the of social ground/space in view, thermal distancing, mandatory and with strict scanning and hand weaiing of face wash or sanitizer, masks, provision for And whereas, the situation of sudden COVID-19 in Delhi has surge in the number of been reviewed due COVID-19 cases and in view of te rising pollution in Delhi, which the levels owing to various has furiher been celing of maximum factors and therefore. aggravated persons in it has been Containment marriage related decided that the Zenes gatherings in may be reduced to 50 NCT of Deihn persons only. outside the Now, therefore in exercise of Management powers conferred Act 2005, the under section undersigned, in 22 of the Committee, DDMA, his capacity as Disaster GNCTD hereby directs Chairperson, marfiage related that henceforth State Executive gatherings in NCT humber of to of Delhi, outside persons. allowed in subject following conditions: the Containmentainment : Zones : shall be a. In closed Spaces, a maximum of 50% of the oe ceiling of 50 hall capacity will be persons. Wearing of face allowed, with a provision for thermal masks, maintaining social scanning and use of distancing, mandatary. hand wash or sanitizer will continue to be b. in open spaces, keeping the size of the 50 and ground/space in persons with strict observance view, subject to a of face masks, of social distancing, ceiling provision for thermal mandatory wearing of scanning and hand wash or sanitizer. All conditions/protocols, except number as appended to the of persons allowed, as DDMA order dated 31.10.2020 stipulated in SOP in_ all marriage related (copy enclosed) shall continue gatherings in NCT of Delhi. to apply All District Magistrates of Deihi & Police their counterpart District and all authorities concerned Deputy Commissioners shall ensure strict of adequately inform and sensitize compliance of this order and the field functionaries shall compliance, in letter about these and spirit. instructions for strict

a i AY (Vijay Chief Dev) F.No.: 1.(545)/DDMA Secretary, Delhi (HQ)/Closing market/COVID-19/2020/ Dated: Copy for compliance to: 1 AlAdditional Chief Secretaries/Principal NCT of Secretaries/Secretarles/HODs Delhi. of Commissioner Government of of Police, Delhi aN Chairman, New Delhi Pr. Municipal Council, Secretary (1&P) for wide Commissioner publicity in NCT of Dethi (South DMC/East DMC/North Oak Commissioner (Excise), GNCTD. DMC). CEO, Delhi Cantonment Board. All District Magistrates of Delhi All District CON DCPs of Delhi for opyQo kind information to:- Secretary to Hon'ble Lt. Addl Governor, Delhi. Secretary ig Hon'ble Chief Minister, Secretary to Hon'ble GNCTD Dy. Chief Minister, GNCTD, Secretary to Hom bie Minister of Heaith, GNCTD. Secretary to Hon'ble Minister of Revenue, GNCTD. Secretary to Hon'ble Minister of Labour, GNCTD. Secretary to Hon'ble Minister of Social Welfare, Secretary to Hon'ble Minister GNCTD. . Addl, of Food & © Chief Secretary Supply, GNCTD. . 10. Addl. (Services)/ State Nodal Chief Secretary Officer, GNCTD, 11. Pr. (UD), GNCTD. Secretary (Home),GNCTD 12. Pr. Secretary (Health), 13. Pr. GNCTD. Secretary (Revenue)-cum-Divisional 14 All members of State Executive Commissioner, GNCTD 18. System Committee, Analyst, Oo Divisional DDMA, GNCTD, ddma Commissioner, fi delhigovt mic in, Delhi for 16. Guard uploading the order + fila, of on website —