The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the intolerable stench being emitted from a drain running alongside a park in South Delhi’s Greater Kailash I, attracting swarms of mosquitoes.
The Petition is registered suo-moto on the basis of the news item dated 22.04.2024.
As per the article, the residents of the area are facing severe hardship as in early and evening hours, there are big clouds of mosquitoes everywhere. All the windows have to be kept sealed. Repellents do not work because of the sheer number of the pests.
It states that the situation has deteriorated significantly in the past four months because the stagnant water in the drain provides an ideal breeding ground for mosquitoes.
The news item states that despite multiple requests made to the authorities, the abovementioned drain has not been cleaned.
The article discloses that sewage is also flowing into the drain, worsening the problem. The article cites that the residents are worried that if not dealt with soon, the situation may lead to health problems.
The news item raises substantial issue relating to compliance of the environmental norms, especially compliance of Water (Prevention and Control of Pollution) Act, 1974 and the Environment (Protection) Act, 1986.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, the Principal Bench of Justice Prakash Shrivastava , Justice Arun Kumar Tyagi and Dr. Afroz Ahmad impleaded the following as respondents in the matter:
(1). Delhi Pollution Control Committee, through its Member Secretary.
(2). Central Pollution Control Board, through its Member Secretary.
(3). Delhi Jal Board, through its CEO.
(4). Municipal Corporation of Delhi, through its Commissioner.
(5). District Magistrate, South Delhi.
The NGT issued notice to the respondents and listed the matter on 11.09.2024.