Order of the National Green Tribunal in the matter of Rajesh Kumar Vs Govt. of NCT of Delhi dated 05/04/2019 regarding air pollution casued by Brake Lining factory near Chaju Gate, Babarpur, Delhi. NGT had directed the Delhi Pollution Control Board (DPCC) to furnish a factual and action taken report and the Tribunal has received a report that the East Delhi Municipal Corporation has sealed the premises.
NGT expresses its displeasure at the lack of steps taken by DPCC for prosecution or recovery of compensation for damage to the environment on "Polluter Pays" principle. Further "a statutory authority which is repeatedly failing to perform its duties should continue in position as one of the reasons which is contributing to unabated pollution in Delhi resulting in large scale deaths and diseases is the failure of statutory authorities to perform their duties. In absence of responsiveness of the statutory authorities who have to carry out the orders of this Tribunal, mere passing of paper orders will not advance the purpose for which this Tribunal has been constituted under the law".
NGT directs the Chief Secretary, Delhi to look into the matter and take remedial measures about proper manning and effective functioning of the DPCC. The DPCC may file a proper affidavit of the action taken in the matter before the next date (19/07/2019).