NGT issues warrant against SDMC Dy Commissioner, withdraws it

The National Green Tribunal today issued bailable warrant against Deputy Commissioner of South Delhi Municipal Corporation after no one appeared on behalf of the agency on a plea against noise pollution, but later withdrew after its lawyer apologised for his absence.
A bench headed by NGT Chairperson Justice Swatanter Kumar issued the warrant as no one was present on behalf of the corporation, despite serving of notice on a plea by residents of Panchsheel Park here over high levels of noise pollution due to traffic in the area.
The tribunal withdrew the warrant after Advocate Balendu Shekhar, who was absent when the matter came up before the bench, appeared on behalf of the SDMC and apologised for his absence.

"Despite service nobody is present on behalf of respondent 5 (SDMC). Since the presence of corporation is necessary to determine the matter in issue before us, we issue bailable warrant against Dy Commissioner, South Delhi Municipal Corporation in the sum of Rs 10,000 to the satisfaction of the arresting officer.
"After the above order was passed, counsel (Shekhar) appearing for respondent 5 appears and apologized for his absence and he undertakes to appear regularly on behalf of the Municipal Corporation of Delhi. In view of above statement, let bailable warrant be not issued against respondent 5," the bench said.
The bench, earlier, while issuing the warrant observed, "Why do we have to issue bailable warrants against bureaucrats to ensure their presence?"

The tribunal had on August 27 issued notice and sought response of the city government, SDMC, DDA and others on the plea of Omesh Saigal, a resident of the South Delhi colony.
In his petition, filed through advocate Yatender, he has alleged that noise generated due to the heavy traffic flow along the Outer Ring road, is adversely affecting health of the residents.
Saigal has alleged in his petition that the government has failed to take measures for abatement of noise and to ensure that existing noise levels do not exceed the ambient air quality standards specified under the Noise Pollution (Regulation and Control) Rules 2000.