NGT Green Signal: MCD Can Now Break Locks of Illegal Factories in Gamri
The NGT has empowered MCD officials to break open locks of suspected illegal industrial units in East Delhi's Gamri village to stop pollution.
In a decisive move to combat urban pollution, the National Green Tribunal (NGT) has cleared the way for the Municipal Corporation of Delhi (MCD) to break open the locks of suspected illegal industrial units Gamri village in East Delhi. This ruling comes as a response to the frustration of inspection teams who found themselves locked out of premises by owners attempting to hide illegal activities.
Crackdown on 'Locked-Door' Tactics
The tribunal, led by Chairperson Justice Prakash Shrivastava and expert member Dr Afroz Ahmad, took a stern view of the tactics used by property owners in Gamri. Previous inspections by a joint task force—which included the Delhi Police, DPCC, MCD, BSES, and the Revenue Department—had been repeatedly thwarted. Reports indicated that as soon as the inspection team arrived, owners would quickly lock their premises and refuse entry, making it impossible to determine the nature of the work being conducted inside.
To end this stalemate, the NGT referred to Sections 431 and 433 of the Delhi Municipal Corporation Act, 1957. The tribunal clarified that authorised MCD employees are legally empowered to break into buildings and industrial units that are operating illegally.
No Prior Notice Required
Adding more teeth to the enforcement, the NGT highlighted Section 435 of the Act, which specifies that prior notice is not necessary when inspecting factories, workshops, or trade premises under these circumstances. This ensures that officials can conduct surprise raids without giving illegal operators time to clear evidence or lock their doors.
The Coordination Plan: Police and Power
The ruling follows a clarification from the Delhi Police Commissioner, who stated that the police themselves do not possess the legal authority to break open locks. To resolve this, the MCD's counsel assured the tribunal that their officials would lead the entry, provided they have adequate police protection. To ensure transparency and prevent allegations of misconduct, the police personnel accompanying the team will be equipped with body cameras.
Furthermore, the NGT has mandated the following for the upcoming inspections:
- Administrative Oversight: The Sub-Divisional Magistrate (SDM) of Yamuna Vihar must be present during the next round of inspections.
- Power Cuts: A representative from BSES Yamuna Power Limited will join the joint committee. If any unit is confirmed to be operating illegally, BSES Yamuna is directed to promptly disconnect its electricity supply.
- Targeted Search: The committee will specifically focus on respondents numbered 7 to 42, particularly those who remained inaccessible during previous visits.
Pollution Concerns in Gamri
The entire legal battle stems from a petition alleging that Gamri village has become a hub for highly polluting industrial activities. The applicant pointed out that units engaged in several hazardous processes are operating without proper permits, including:
- Nickel electroplating and metal surface treatment.
- Cyanide-bath heat treatment and phosphating.
- Glass melting, anodising, and enamelling.
- Galvanising and fabric dyeing.
- Powder coating.
The NGT has also asked the applicant to provide the exact geographical coordinates of any other suspected illegal units in the area to ensure no facility escapes the scrutiny of the joint committee.
The joint committee is required to submit its fresh inspection report at least one week before the next hearing. The matter is scheduled for its next hearing on February 3, 2027.