National Green Tribunal
Dr Jeet Singh Yadav vs Govt. Of Nct Of Delhi on 15 September, 2022
Item No.5 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH
(By Video Conferencing)
Original Application No. 311/2022
Dr. Jeet Singh Yadav Applicant
Versus
Govt. of NCT of Delhi Respondent
Date of hearing: 15.09.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant None.
Respondent Mr. Narender Pal Singh, Advocate for DPCC.
Application is registered based on a complaint received by Email
ORDER
1. The grievances made in the present letter petition sent by Dr. Jeet Singh Yadav resident of H.No. 635, Village and Post Office, Mundka, are regarding illegally filling up of the ponds and conversion thereof to other uses for making new projects and grabbing the land. The applicant has in particular named Shangushar, Guga, Johdi, Guhli ponds which are stated to have already been filled and user whereof has been illegally converted. The applicant has further mentioned that water from historic Shishuwala Talab is being drained out by using two pump sets for more than two months. Road is being constructed on pond land in the west and levelling of pond land is being done by dumping soil for changing land use of above said talab and grabbing the same.
2. Vide order dated 06.05.2022, this Tribunal constituted a Joint Committee comprising of the CGWA, DPCC and Deputy Commissioner, O. A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi. -2- West Delhi and directed the same to submit Factual and Action Taken Report within two months.
3. In compliance thereof, Dr. Anwar Ali Khan, Sr. Environmental Engineer, DPCC has filed the report of the Joint Committee vide email dated 27.07.2022. The relevant part of the report reads as under:-
"Status Report on Behalf of Delhi Pollution Control Committee with Respect to order dated 06.05.2022.
X X X X X X
2. That a joint inspection was carried out on 20.06.2022 of the site, by official of DPCC, Revenue and CGWA. During the inspection, the joint committee has observed as follows :-
1. Sangoosar Johdi:
The Pond site has been converted into a public Park with open Gym.
2. Guga Johdi:
The Pond site has been converted into a public Park with an open Gym and playground.
3. Gulli Jhohdi:
The pond site has been filled up by the earth and divided into two portion.
In one portion a community hall has been constructed with a temporary volleyball court. The other portion is being used as a community dumping site beside open land.
4.Shishuwala Talab :
The Shishuwala talab is situated across the main Rohtak Road in extended Awadi of village Mundka. The sewage from the adjoining community/inhabitants flowing into the talab. Further, to avoid overflowing from the talab, the water is being pumped by a mechanical pump and discharged into a storm water drain constructed along the main Rohtak Road. Embankment construction of the said talab is also under process.
During the inspection it has been observed that civil construction for making a platform for placing transformers of BSES and other civil construction work for the establishment of the water treatment plants based on Phytorid technology is also being constructed by Delhi Jal Board(DJB). "
O. A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi. -3-
4. In view of the above, we consider it appropriate to seek response from (1) Government of NCT of Delhi through Chief Secretary, Government of New Delhi, (2) Commissioner, Municipal Corporation of Delhi, (3) Delhi Development Authority, (4) Delhi Jal Board, (5) State Wet Land Authority (6) Delhi Pollution Control Committee, and (7) Deputy Commissioner, West Delhi (Mundka) who stand impleaded as respondents No. 1 to 7 and accordingly direct issuance of notices alongwith copies of the application and report of the Joint Committee to them by E-mail requiring them to file their response/reply to the allegations made in the application and observations/recommendations made in the report of the Joint Committee within two months by [email protected] in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. In the reply details of the area of the ponds in question in the revenue record, the present status and year of conversion/change of user and steps taken for restoration of the ponds in question in view of the directions given by the Hon'ble Supreme Court and this Tribunal be specifically mentioned.
5. The registry is also directed to prepare and attach memo of parties with the paper book accordingly.
6. Mr. Narender Pal Singh, Advocate has appeared and accepted notice on behalf of respondent no. 6-DPCC and seeks time to file its reply response. Reply/response on behalf of the DPCC be filed as directed above.
7. List the matter for further consideration on 29.11.2022.
8. In view of the facts and circumstance of the case, we also consider personal appearance of the Regional Officer, DPCC and Deputy Commissioner, West Delhi on the next date of hearing through VC to be essential for producing the relevant documents and assisting this Tribunal in just and proper adjudication of the questions involved in the case and O. A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi. -4-
they are accordingly directed to remain present before this Tribunal on that date.
9. A copy of this order be forwarded to the DPCC and Deputy Commissioner, West Delhi by e-mail for requisite compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM September 15, 2022 AG