NGT seeks Delhi Police Chief's stand on inspections of locked premises allegedly running illegal polluting activities

NGT seeks Delhi Police Chief's stand on inspections of locked premises allegedly running illegal polluting activities

The National Green Tribunal (NGT) has directed the Commissioner of Police, Delhi, to file an affidavit clarifying the legal and procedural framework for carrying out inspections of premises that are found locked from outside but are suspected of operating illegal polluting activities from within. A bench comprising NGT Chairperson Justice Prakash Shrivastava and Expert Member Dr. Afroz Ahmad passed the direction while hearing an application filed by Varun Gulati after taking note of an affidavit submitted by the Station House Officer (SHO) of Jafrabad Police Station. The matter has been listed for further hearing on October 14, 2026.

The Tribunal observed that the SHO's affidavit stated, in several cases, inspections could not be carried out by breaking open locks because officials lacked specific authorisation or clear directions from the competent authority. The affidavit further stated that resistance from occupants had posed serious challenges in verifying the alleged illegal activities.

During the hearing, however, counsel appearing for the SHO was unable to explain whose authorisation was required to inspect premises that were locked from outside but were allegedly being used for illegal activities. In view of this, the Tribunal directed the Commissioner of Police, Police Headquarters, New Delhi, to file an affidavit explaining the procedure that can be adopted in such situations and how inspections of such premises can legally be conducted. The order records that the SHO filed the affidavit in compliance with an earlier direction of the Tribunal. According to the affidavit, a joint inspection team comprising officials of the Municipal Corporation of Delhi (MCD), the Delhi Pollution Control Committee (DPCC), BSES, and the Delhi Police visited three locations in Arvind Nagar and Ghonda on October 31, 2025. However, all the premises were found locked, preventing any inspection.

The affidavit further stated that inspection teams have repeatedly faced deliberate obstruction by unit owners, who allegedly keep their premises locked and deny access to officials. It also claimed that inspection teams are often confronted by hostile crowds, including women, who allegedly use abusive language and create situations that hinder inspections. According to the SHO, the absence of clear procedural guidelines for dealing with such situations has made enforcement difficult.

The police also informed the Tribunal that although inspection teams had, in some cases, considered breaking open locks to gain access, they refrained from doing so because there was no specific authorisation or clear direction permitting such action. The affidavit requested the issuance of clear directions empowering joint inspection teams to break open locks where access is deliberately denied and to clearly define the responsibilities of officials from different departments during such inspections.

The SHO denied allegations that Delhi Police officials had refused to sign a joint inspection report, asserting that no such request had ever been made by officials of the MCD, DPCC, or BSES. The affidavit termed the allegation against the police "baseless and unfounded." It also referred to another inspection conducted on December 31, 2025, during which BSES officials allegedly faced obstruction from factory owners and residents. Following a complaint by BSES, an FIR dated January 21, 2026, was registered at Jafrabad Police Station. The investigation is stated to be pending. (ANI)