IN THE HIGH COURT OF DELHI AT NEW DELHI

WPC NO. 1346/2015

IN THE MATTER OF :-

COURT ON ITS OWN MOTION

(Air Pollution in Delhi) ……PETITIONER

VERSUS

UNION OF INDIA AND OTHERS ……RESPONDENTS

AFFIDAVIT ON BEHALF ON THE NORTH DELHI MUNICIPAL CORPORATION.

I, Vijendra Kumar Gupta S/O Shri Om Prakash Gupta aged about 59 years,

Executive Engineer, DEMS Department, Head Quarter, North Delhi

Municipal Corporation, New Delhi. The deponent above named, do hereby

solemnly affirm as state as follows:

1. That I am presently posted as Executive Engineer, DEMS

Department, Head Quarter, North Delhi Municipal Corporation, New

Delhi and am conversant with the facts of the case based on the

official records maintained and as such an competent to depose

thereto.

2. That the Hon’ble High Court directed North DMC to fix responsibility

on persons to ensure that unattended malba and construction

material is removed instant affidavit is being filed pursuant to order

dated 14/11/2019 of this Hon’ble court. The relevant para of the

direction passed by the Hon’ble Court is reproduced herein below:-

 “The issue of unpaved road and heaps of malba which is lying

unattended on almost every road in Delhi, would also require

attention. We direct MCD, NDMC, DDA, PWD and Cantonment

Board to fix responsibility on persons to ensure that unattended

malba and construction material is removed.

We also make it clear that this exercise should be done in a

routine and regular manner, not only on days just before court

hearing; and that necessary circulars should be issued and

senior officials should be given the responsibility to monitor the

same, including by inspecting various areas to satisfy

themselves that orders are being complied with.

The respondents and concerned Government Department shall

file affidavits specifying as to how the directions passed by the

court are being implemented.

3. That North DMC implements various directions issued by NGT/High

Court/Apex Court and EPCA from time to time. In order to ensure that

demolition malba should be dumped at designated sites, an

undertaking is taken from the owner /builder while sanctioning the

construction /repair work building plan.

4. That There are 87 malba dumping sites which have been notified for

local dumping of malba and these have also published in leading

news paper for wide publicity.

5. That JE (Bldg.), North DMC has been authorised to challan the

violators for not dumping malba at designated site and for not

producing the proof of dumping of malba at designated site under

section 377 if the DMC Act. Copy of the circular issued in this regard

is attached as Annexure ‘A’. Necessary directions have been issued

 from HQ to field staff AE/JEs North DMC to ensure, that construction

material is covered and should be regularly sprinkled with water.

6. In this regard 1280 challans have been issued and amount of Rs.

3,39,20,166/- have been imposed and out of it amount of Rs.

50,54,185/- have been recovered against challaned amount.

7. That North DMC undertakes improvement of roads in approved

colonies, Rural Villages, Urban Villages, Unauthorised Regularised

Colonies and resettlement colonies. There are about 1732

unauthorised colonies where development work is carried out by

Govt. of NCT of Delhi through agencies i.e. DSIIDC and Irrigation and

Flood Department. No development work is carried out by North

DMC in unauthorised colonies. Moreover all the roads having 60 feet

and above ROW have been handed over to PWD for maintenance

purpose. There is no unpaved roads falling under the jurisdiction of

North DMC. Whenever any potholes are observed, the same are

repaired by Maintenance Department. The concerned department

has augmented the drive of removing unclaimed malba since

implementation of GRAP i.e. from 15.10.2019 and removed 15875

MT malba from the roads and open area under the jurisdiction of

North DMC. Day & Night patrolling teams have been deployed to

keep vigil so that no malba should be dumped at unclaimed sites as

well as to initiate prosecution action against the defaulters. 240 Nos.

of Civil Defense Volunteers have been deployed in different zones

along with patrolling teams for the strict watch and ward.

8. That North DMC has undertaken various actions and activities to

mitigate Air Pollution including the area around hotspots. It is also

pertinent to mention here that the case related to air pollution is also
 pending in the Apex Court in the matter of M.C. Mehta Vs UIO & Ors.

Writ Petition (Civil) No. 13029/1985 and various directions have been

passed which are being implemented in true letter and spirit. A report

in this regard is submitted to DPCC on daily basis. Copy of the

cumulative report from 15.10.2019 to 26.11.2019 attached as

Annexure ‘B’.

DEPONENT

VERIFICATION

Verified at Delhi on this day of November, 2019, that the

contents of the above affidavit are true and correct to my knowledge

derived from the official records maintained by the SDMC and I

believe the same to be true and correct.

DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

WPC NO. 1346/2015

IN THE MATTER OF :-

COURT ON ITS OWN MOTION

(Air Pollution in Delhi) ……PETITIONER

VERSUS

UNION OF INDIA AND OTHERS ……RESPONDENTS

 INDEX

S.NO. PARTICULAR PAGE NO.

1 AFFIDAVIT ON BEHALF ON THE NORTH

DELHI MUNICIPAL CORPORATION.

2 Copy of the circular issue regarding the

dumping of malba. Annexure ‘A’

3 Copy of the cumulative report from

15.10.2019 to 26.11.2019. Annexure ‘B’.

New Delhi: PUJA KALRA

Dated: STANDING COUNSEL NDMC
CHAMBER NO. 430-431, DELHI HIGH COURT
NEW DELHI
MOB. 9312839323