Case of polluting Okhla waste to energy using unapproved Chinese technology

In the case of polluting Okhla waste to energy using unapproved Chinese technology "the inspection has already been conducted and samples collected was heard on April 4, 2013." The comprehensive report is yet to be placed before the National Green Tribunal within three weeks from April 4. Any objection to it has to be filed one week thereafter. The order notes, "There is a serious dispute raised before us as to the collection of samples the sampling, procedure, location and the time on which the samples were collected. It is a matter of settling the factual controversy arising out of rival contentions. More important is an appropriate report with complete data and reliable analysis report which should be placed before the Tribunal to enable it to come to a final conclusion. Strangely, it has not been informed to us as to whether any ash was noticed in the surrounding area and in fact the Committee did not visit any of the houses of the residents." 

The order notes, “In order to avoid any controversy at this stage of arguments and since time is prayed for submission of the final report, we pass the following directions which shall be complied with by all concerned:

1. We appoint Mr. Rahul Chaudhary, Advocate, present in the Court, as Local Commissioner (LC) to visit the site in question and to report to the court on the following issues:

a. The samples of ambient airas well as the stack would be collected in the presence of the LC.
b. The learned LC shall ensure that the plant in question is functioning to its optimum capacity i.e. 16 MW.
c. The learned LC shall also make a note as to what was the power production capacity as per the record of the plant for one week immediately following his visit to the plant.
d. The learned LC would be at liberty to visit houses of the residents around the plant and notice if there was any ash in their houses which could be contributed to the functioning of the plant. If ash is found, he shall collect the samples and send it for analysis.”

The order stated, “For collection of these samples, Scientists from the Delhi Pollution Control Committee and the Central Pollution Control Board, who had earlier visited the site, shall be present on that day.”

The order reads:“We appreciate that the learned LC has agreed not to charge anything for this work. The samples will be collected and analysed by the Committee at the earliest. A representative of the Applicants may be present but it will be no obligation to serve upon any Notice to the Applicants. The learned LC shall visit the premises at 11.00 AM on April 6, 2013 without serving any notice on anybody. We direct the plant to operate at its optimum capacity.
 

The learned LC shall be provided due Police protection, if required by him. Analysis of the samples to be carried out as per previous order. Stand over to 30^th April, 2013.”