New Delhi, Oct 28 The National Green Tribunal has said that officials of the Municipal Corporation of Delhi are legally empowered to break open locks of industrial units suspected of operating illegally, settling a key hurdle that has stalled inspections in east Delhi's Gamri village.
The green body was hearing a plea alleging that several people were running illegal, red category industrial units in the village, causing “enormous pollution” with metal surface treatment, nickel electroplating, glass melting, heat treatment using cyanide bath, phosphating, anodising, enamelling, galvanising and fabric dyeing.
In an order dated October 14, a bench of NGT chairperson Justice Prakash Shrivastava and expert member Afroz Ahmad said that in January, the tribunal noted a joint inspection report, which said that whenever there was an inspection, the unit owners locked the premises.
The bench noted that the tribunal had then sought a clarification from the Delhi Police commissioner as to which authority could break the lock and enter the premises.
The tribunal said that the police commissioner’s affidavit dated October 12 said that “police do not have power to break open the lock” and that, according to the Delhi Municipal Corporation (DMC) Act, such a power of inspection after breaking open the lock lay with the officials of the Municipal Corporation of Delhi (MCD).
Referring to several sections of the DMC Act, the tribunal noted that the MCD commissioner, or any authorised municipal officer, can enter any land or building to check for violations of the Act and that it also allows them to open a door or gate if the owner is absent or refuses to open it.
The tribunal said that, according to the rules, no prior 24-hour notice is needed to inspect a factory, workshop or trade premises, and that it is the duty of police officers to assist municipal officials in exercising their lawful authority.
“Hence, in view of the above, the authorised officials and employees of the MCD are empowered to break open the lock of the premises/industrial units operating illegally,” the bench said.
The MCD's counsel told the tribunal that its officials would take action under the relevant provisions if adequate police protection, with bodycams on the personnel, is provided, following which the counsel for Delhi Police agreed to such assistance.
The tribunal also directed BSES Yamuna Power Ltd that if any unit is found operating illegally, its electricity connection is disconnected immediately.
The NGT directed the earlier constituted joint committee to conduct a fresh inspection, especially of the units that could not be inspected because they were locked.
The green panel also asked the petitioner to provide geo-coordinates of other alleged illegal units in the area, and asked the committee to inspect them.
It directed the committee to file a report at least one week before the next hearing on February 3, 2027.
