National Green Tribunal
Dr Jeet Singh Yadav vs Govt. Of Nct Of Delhi & Ors on 18 November, 2025
Item No.07 Court No. 2
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 311/2022
(I.A. No. 534/2024 and I.A. No. 651/2024)
Dr. Jeet Singh Yadav Applicant
Versus
Govt. of NCT of Delhi & Ors. Respondents
For the Applicant:
Mr. Rahul Khurana, Advocate for the applicant (through VC).
For the Respondents:
Ms. Jyoti Mendiratta (Standing Counsel) and Ms. Ananya
Basudha, Advocates for respondents no. 1, 5 and 7.
Ms. Puja Kalra and Mr. Virender Singh, Advocates for respondent
no.2.
Ms. Deeksha L. Kakar and Ms. Sana Parveen Advocates for
respondent no. 3-DDA.
Mr. Swetank Shantanu, Advocate for respondent no.4-DJB.
Mr. Narender Pal Singh, Advocate for respondent no. 6-DPCC.
Mr. Vikrant Vasudeva, Advocate for respondent no. 8.
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER
_____________________________________________________________________________
Order Reserved on:- 03.11.2025
Order pronounced on:- 18.11.2025
________________________________________________________________________
ORDER
1. The applicant had sent a letter petition dated 09.03.2022 (pages no.
1 to 16) raising grievances regarding change of land use of Shishuwala O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
2Talab Khasra No. 190/1 with area measuring 16 Bigha 05 Biswa situated in village Mundka and other ponds Shangushar, Guga, Johdi, Guhli etc.
2. The above said letter petition is registered and treated as original application no. 311/2022.
3. Vide order dated 06.05.2022 this Tribunal constituted a Joint Committee comprising CGWA, DPCC, Deputy Commissioner (West) Delhi.
Report of the Joint Committee was submitted vide email dated 27.07.2022.
This Tribunal impleaded GNCTD, MCD, DDA, DJB, SWLA, DPCC and Deputy Commissioner (West) Delhi as respondents no. 1 to 7 vide order dated 15.09.2022 and DSIIDC as respondent no. 8 vide order dated 25.03.2025.
4. In the course of hearing replies/responses have been filed by the respondents.
5. It was pointed out before this Tribunal that with respect to Shishuwala Talab, W.P.(C) 4215/2021 titled as Shri Roshan Lal Vs. Government of NCT of Delhi & Ors. is pending before Hon'ble Delhi High Court. Accordingly, this Tribunal considered appropriate not to pass any further order with respect to the same as specifically recorded in orders dated 08.05.2023 and 25.03.2025.
6. In compliance of order dated 13.12.2024 the applicant filed affidavit by email dated 03.02.2025 mentioning the Khasra numbers of remaining five ponds as 178/1(1-19), 373/1(15-18), 142(3-1) and 163(4-16) and 17/27.
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7. Vide order dated 25.03.2025 respondents no. 1, 3, 4, 5 and 7 were directed to file their respective responses with respect to other five water bodies.
8. Affidavit dated 23.09.2025 (pages no. 790 to 805 of the paper book) has been filed by Member Secretary, DSWLA on behalf of respondents no.
1 and 5. Status report dated 23.09.2025 (pages no. 806 to 880 of the paper book) has been filed by Executive Engineer, DPD-1 on behalf of respondent no. 3-DDA. Status report dated 23.09.2025 (pages no. 881 to 898 of the paper book) has been filed by SDM, Punjabi Bagh.
9. This Tribunal observed in order dated 24.09.2025 that State Wetland Authority had issued directions vide order dated 30.10.2024 to the concerned officers land owning agencies as enlisted in the copy thereof, which has been placed on record before this Tribunal at pages no. 799 to 805 of the paper book, for taking appropriate action for removal of encroachment and restoration and rejuvenation of water bodies but no action worth the name has been taken by the authorities and no details regarding such action have been given in the responses filed before this Tribunal which are, as usual in any other case, evasive and vague filed with intention to prolong the hearing of the case.
10. In the facts and circumstances of the case, vide order dated 24.09.2025 this Tribunal ordered personal appearance of the Member Secretary, State Wetland Authority, Vice -Chairman, DDA, Chief Executive Officer, DJB, Managing Director, DSIIDC and the District Magistrate, (West) Delhi before this Tribunal physically or through VC with the relevant record regarding action taken for identification and removal of encroachments, if any, on the water bodies and also restoration and O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
4rejuvenation of water bodies during the entire period of inclusion thereof in the list of water bodies and specifically during the pendency of the Original Application after 20.08.2024.
11. Status report dated 01.11.2025 (pages no. 957 to 1066 of the paper book) was filed by respondent no. 3-DDA. Status report dated 31.10.2025 (pages no. 912 to 956 of the paper book) was filed by respondent no. 5- DSWLA. Report dated 30.10.2025 (pages no. 1067 to 1108 of the paper book) was filed by respondent no. 8-DSIIDC.
12. I.A. No. 706 of 2025 was filed on behalf of respondent no.3- Delhi Development Authority under Section 19 of the National Green Tribunal Act, 2010 seeking exemption of the appearance of Vice-Chairman, DDA for 03.11.2025 which was allowed and Vice-Chairman, DDA was exempted from personal appearance.
13. In compliance of order dated 24.09.2025 Mr. Kaushal Raj Sharma, CEO, DJB, Ms. Nazuk Kumari, Managing Director, DSIIDC, Ms. Vandana Rao, District Magistrate, West Delhi and Mr. Shyam Sunder Kanipal, Member Secretary, SWA, Delhi appeared before this Tribunal through VC and Mr. S.K Khare, Engineer Member, DDA appeared before this Tribunal physically and we have interacted with them.
14. In Hinch Lal Tiwari Vs. Kamala Devi & Ors. (2001) 6 SCC 496 Hon'ble Supreme Court held that 'ponds' are a public utility meant for common use and the ponds could not be allotted or commercialized. In that case Hon'ble Supreme Court observed that the Government, including the Revenue Authorities i.e. respondents no. 11 to 13, having noticed that a pond is falling in disuse, should have bestowed their attention to develop the same which would, on one hand, have prevented ecological disaster O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
5and on the other provided better environment for the benefit of the public at large. Such vigil is the best protection against knavish attempts to seek allotment in non-abadi sites. While setting aside the order of the High Court, restoring the order of the Additional Collector dated 25.02.1999 confirmed by the Commissioner on 12.03.1999 and directing respondents no.1 to 10 to vacate the land, Hon'ble Supreme Court directed the State including respondents no. 11 to 13 to restore the pond, develop and maintain the same as a recreational spot observing that it will undoubtedly be in the best interest of the villagers and will also help in maintaining ecological balance and protecting the environment. In that case Hon'ble Supreme Court observed as under:-
"13. It is important to notice that the material resources of the community like forests, tanks, ponds, hillock, mountain etc. are nature's bounty. They maintain delicate ecological balance. They need to be protected for a proper and healthy environment which enables people to enjoy a quality life which is the essence of the guaranteed right under Article 21 of the Constitution....."
15. In Jagpal Singh & Ors. Vs. State of Punjab & Ors. (2011) 11 SCC 396, Hon'ble Supreme Court noted that since time immemorial, certain common lands had vested in village communities for collective benefit.
Except in exceptional circumstances when used exclusively for the downtrodden, said lands were inalienable. Since Independence powerful people and a corrupt system had appropriated said lands for personal aggrandizement. Pointing out the harms in allowing such misappropriation, Hon'ble Supreme Court noted an urgent public interest in stopping such misdeeds and issued directions for eviction of illegal occupants and restoration of the common land to villagers. In that case Hon'ble Supreme Court observed as under:-
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"X X X X
19. ... our ancestors were not fools. They knew that in certain years there may be droughts or water shortages for some other reason, and water was also required for cattle to drink and bathe in etc. Hence they built a pond attached to every village, a tank attached to every temple, etc. These were their traditional rain water harvesting methods, which served them for thousands of years.
20. Over the last few decades, however, most of these ponds in our country have been filled with earth and built upon by greedy people, thus destroying their original character. This has contributed to the water shortages in the country. Also, many ponds are auctioned off at throw away prices to businessmen for fisheries in collusion with authorities/Gram Panchayat officials, and even this money collected from these so called auctions are not used for the common benefit of the villagers but misappropriated by certain individuals. The time has come when these malpractices must stop.
21. In Uttar Pradesh the U.P. Consolidation of Holdings Act, 1954 was widely misused to usurp Gram Sabha lands either with connivance of the Consolidation Authorities, or by forging orders purported to have been passed by Consolidation Officers in the long past so that they may not be compared with the original revenue record showing the land as Gram Sabha land, as these revenue records had been weeded out. Similar may have been the practice in other States. The time has now come to review all these orders by which the common village land has been grabbed by such fraudulent practices.
X X X X
23. Before parting with this case we give directions to all the State Governments in the country that they should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village. For this purpose the Chief Secretaries of all State Governments/Union Territories in India are directed to do the needful, taking the help of other senior officers of the Governments. The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and a brief hearing. Long duration of such illegal occupation or huge expenditure in making constructions thereon or political connections must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession. Regularization should only be permitted in exceptional cases e.g. where lease has been granted under some Government notification to landless labourers or members of Scheduled Castes/Scheduled Tribes, or where there is already a school, dispensary or other public utility on the land.
24. Let a copy of this order be sent to all Chief Secretaries of all States and Union Territories in India who will ensure strict and prompt compliance of this order and submit compliance reports to this Court from time to time.
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X X X X"
16. In O.A. No. 325/2015 titled Lt. Col. Sarvadaman Singh Oberoi vs. Union of India & Ors., the issue for consideration in the original application was identification, protection and restoration of water bodies in Gurgaon in Haryana. However, in the light of proceedings which took place, the scope of the application was extended to the entire State and then to the entire country, in the interest of protection of environment.
This Tribunal noted the need for conservation of water bodies throughout India for healthy environment, particularly in the light of judgment of the Hon'ble Supreme Court in Hinch Lal Tiwari vs. Kamala Devi & Ors.
(2001) 6 SCC 496. This Tribunal observed that under Public Trust Doctrine, the State has to maintain and restore the water bodies. This inter-alia helps availability of water, protection of aquatic life, maintaining micro climate, recharge the ground water and e-flow of the rivers. In view of mandate of law laid down by the Hon'ble Supreme Court and the NGT Act, 2010, this Tribunal, vide order dated 10.05.2019, directed all States/UTs to review the existing framework of restoration of all the water bodies by preparing an appropriate action plan and to include restoration of water bodies as one of the items incidental to waste management covered by orders in O.A. No. 606/2018 Compliance of MSW Rules, 2016, directed CPCB to examine all such plans and furnish its comments to this Tribunal and to prepare and place on its website guidelines in the matter of restoration of water bodies and directed Central Monitoring Committee constituted in terms of order dated 08.04.2019 in O.A. No. 673/2018, News item published in "the Hindu" authored by Shri Jacob Koshy titled "More river stretches are now critically polluted". This Tribunal considered the reports filed by CPCB and the U.P. Oversight Committee and status of O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
8compliance and issued further directions vide order dated 18.11.2020. The operative part of order dated 18.11.2020 reads as under:-
"17. In NGT order dated 27.08.2020 in OA 351/2019, Raja Muzaffar Bhat vs. State of Jammu and Kashmir & Ors., it was observed:
"... .... ... ...
8. One of the serious challenges is solid and liquid waste management, apart from encroachments. There are binding directions of the Hon'ble Supreme Court in Almitra H. Patel Vs. Union of India & Ors1. and Paryavaran Suraksha vs. Union of India2 on the subject of scientific management of solid waste and sewage/effluents in accordance with the statutory provisions of the Water (Prevention and Control of Pollution) Act, 1974, ('Water Act') Air (Prevention and Control of Pollution) Act, 1981, ('Air Act) and waste management rules framed under the Environment (Protection) Act, 1986 ('EP Act'). There is large scale non-compliance of the said statutory provisions which has led this Tribunal to consider the issue of river pollution in OA No. 673/2018, News item published in "The Hindu" authored by Shri Jacob Koshy Titled "More river stretches are now critically polluted: CPCB" in view of acknowledged data of 351 polluted river stretches in the country. Apart from the said issue, large scale failure has been found in the matter of solid waste management as repeatedly recorded in O.A. No. 606/2018. The Chief Secretaries of all the States/UTs were required to remain present in person before this Tribunal for interaction and further planning. In O.A. No. 325/2015, Lt. Col. Sarvadaman Singh Oberoi v. UOI & Ors., the Tribunal has considered the issue of restoration of water bodies. In Original Application No. 593/2017, Paryavaran Suraksha Samiti & Anr. v. UOI & Ors., the issue of untreated sewage or effluent being discharged in water bodies have been taken up for consideration. There are several other matters dealing with the such issues, including coastal pollution, pollution of industrial clusters etc.
9. There is discussion in the media about inadequacy of monitoring of action for restoration of lakes, wetlands and ponds which is certainly necessary for strengthening the rule of law and protection of public health and environment3. Several 1 (2000) 2 SCC 679 2 (2017) 5 SCC 326 3 https://gradeup.co/lakes-in-india-i-4b99dc80-f6ce-11e7-9d78-07a242af4480 http://www.saconenvis.nic.in/publication/Lake%20Protection%20and%20Management%20o f%20Urban%20Lakes%20in%20India.pdf http://www.worldlakes.org/uploads/Management_of_lakes_in_India_10Mar04.pdf O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
9directions have been issued by the Hon'ble Supreme Court in M.K. Balakrishnan and Ors. v. UOI & Ors.4"
18. We also note that the Ministry of Urban Development, Government of India, Central Public Health and Environmental Engineering Organization (CPHEEO) has issued an advisory on "Conservation and Restoration of Water Bodies in Urban Areas"5 in August, 2013 which need to be followed. The matter was also considered by the Standing Committee on Water Resources (2015-16), Sixteenth Lok Sabha. Its Tenth Report has been published by the Ministry of Water Resources, River Development and Ganga Rejuvenation under the heading "Repair, Renovation and Restoration of Water Bodies- Encroachment on Water Bodies and Steps Required to Remove the Encroachment and Restore the Water Bodies"6 in August, 2016. Further, the "Guidelines for the Scheme on Repair, Renovation and Restoration (RRR) of Water Bodies under PMKSY (HKKP)"7 have been published by the Ministry of Water Resources, River Development and Ganga Rejuvenation, Govt. of India in June, 2017. The said report also provides useful material to be looked into by the enforcement agencies.
19. As regards, report of the CPCB on the subject of rain water harvesting, it appears that CPCB has not appreciated the direction of this Tribunal on the subject. While rain water harvesting may be required in all buildings and other places in urban areas, in the present context, the Tribunal has directed setting up of such facilities in sub water sheds along ponds for utilization of surplus rain water for restoration of the ponds which have become dry and for augmenting other ponds.
20. There is, thus, need for continuous planning and monitoring at National, State and District levels. Suggestions and observations of CPCB and the Oversight Committee need to be acted upon.
21. As suggested by the CPCB, a single agency needs to be set up in every State/UTs within one month. This work may either be assigned to the Wetland Authority of the State or the River Rejuvenation Committee or to any other designated authority such as the Secretary, Irrigation and Public Health/Water Resources. It is made clear that if the State Wetland Authority is to be assigned the task of protection of all water bodies, this task will be in addition to the normal functioning of the State Wetland Authority under the Wetland (Conservation and Management) Rules, 2017. Such nodal agency must call a preliminary meeting on the subject with all the District Magistrates on or before 31.01.2021 to take stock of the situation and to plan further steps. Thereafter, a regular meeting may be held 4 (2017) 7 SCC 805 5 http://mohua.gov.in/upload/uploadfiles/files/Advisory%20on%20Urban%20Water%20Bodies.pdf 6 http://164.100.47.193/lsscommittee/Water%20Resources/16_Water_Resources_10.pdf 7 http://pmksy-mowr.nic.in/documents/RRR_PMKSY_Guidelines_2017.pdf O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.10
for periodic monitoring at the District level as well as the State level with the identified targets of proper and scientific identification and protection of all water bodies, assigning unique identification number, removing encroachments, preventing dumping of waste, maintaining water quality and restoration by taking other appropriate steps, involving the Panchayats and the community, utilizing the financial resources available from different sources. Steps taken need to be documented and compiled and reported to a central authority, preferably the CPCB. This Tribunal has already constituted a CMC to be headed by the Secretary, MoJS with the assistance of CPCB and other authorities to monitor remedial action for 351 polluted river stretches. Restoration of water bodies is also a connected issue which can be monitored by the same Committee atleast thrice a year at the national level.
Directions
22. Accordingly, we dispose of this application with following directions:
(i) All States/UTs may forthwith designate a nodal agency for restoration of water bodies, wherever no such agency has so far been so designated.
(ii) Under oversight of the Chief Secretaries of the States/UTs, the designated nodal agency may a. Hold its meeting not later than 31.1.2021 to take stock of the situation and plan further steps, including directions to District authorities for further course of action upto Panchayat levels and to evolve further monitoring mechanism as well as Grievance Redressal Mechanism (GRM).
b. Submit periodical reports to the CPCB/Secretary Jal Shakti, Government of India. First such report may be furnished by 28.02.2021.
(iii) The CMC for monitoring remediation of 351 polluted river stretches, headed by the Secretary, MoJS may monitor the steps for restoration of water bodies by all the States periodically, atleast thrice in a year. First such monitoring may take place by 31.3.2021.
(iv) The CMC may give its action reports to this Tribunal in OA 673/2018 and first such report may be furnished preferably by 30.4.2021 by e-mail.
23. Any individual grievances may be first raised before the appropriate GRM or by moving the concerned District Magistrate which may be looked into on merits.
The application stands disposed of accordingly.
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A copy of this order be forwarded to the Secretary, MoJS, CPCB, the Chief Secretaries of all the States/UTs and all District Magistrates by e-mail for compliance.
All pending I.A.s and M.A.s will stand disposed of."
17. The directions already given by this Tribunal may be summarized as under:-
(i) States/UTs have to carry out proper inventory of water bodies using Geological Survey Maps of India (reconnaissance survey) or using any other available technologies like Remote Sensing; All the water bodies in the States/UTs are to be identified, geo-tagged and assigned UID number;
(ii) States/UTs need to designate a single agency' as a nodal agency to ensure restoration of all water bodies in the respective State/UT in consultation with the concerned departments;
(iii) The wetland authority may be given responsibility of restoration of water bodies or a nodal agency or a separate body may be designated as done in case of Haryana (Haryana Pond Waste Water Management Authority), Madhya Pradesh (The Environmental Planning and Coordination Organization (EPCO) and Mizoram (Irrigation and Water Resource Department).
(iv) Nodal agency may also co-ordinate with the respective State Pollution Control Board (SPCB) in the State or Pollution Control Committee (PCC) in the respective UT for ensuring timely compliance of directions in the matter;
(v) Action Plan is to be prepared to ensure restoration of all water bodies in the respective State/UT in consultation with the concerned departments allocating the role of each Department;
(vi) The Action Plan should have a component regarding continuous assessment of water quality of the water bodies to be done by SPCBs/PCCs;
(vii) The action plan has to indicate the prioritization of the work as to which work would be taken at what time; budgetary allocations have to be made and specific time-lines have to be fixed;
(viii) Harvesting of surplus water during excessive rains from any areas of catchment is to be optimized by enhancing the capacity of the existing ponds/water bodies;
(ix) Once adequate capacity enhancement of waterbodies takes place, excess flood/rain water may be channelized by using appropriate water harvesting techniques;
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(x) Water harvesting structures may be created in the sub-
watersheds to the extent possible;
(xi) Additional water bodies/water harvesting structures may be set up wherever viable;
(xii) The Ministry of Jal Shakti, being nodal Ministry for Water Resources in the country, may integrate restoration of water bodies under various schemes of Central Government or State Governments and may provide financial assistance;
(xiii) Funds under MGNREGA may also be utilized for restoration of water bodies;
(xiv) The community at large may be involved at every level for identification demarcation and protection of ponds and lakes, maintaining water quality as per norms and removing encroachments and community participation may be encouraged and campaigns may be started in to restore, conserve water bodies;
(xv) Gram Panchayats are required to play significant role in identification demarcation and protection of ponds and lakes, maintaining water quality as per norms and removing encroachments;
(xvi) The action has to be monitored by the District Magistrates in coordination with the Department of Irrigation and Flood Control or other concerned Departments such as Department of Rural Development/Urban Development/Local Bodies/Forests/Revenue etc.;
(xvii) The District Magistrate may periodically hold a meeting of all the stakeholders for the purpose as per the District Environment Plan or Watershed Plan;
(xviii) the Chief Secretary may take appropriate action for over all monitoring for ensuring compliance in the matter of removal of encroachments and taking other steps for restoration of water bodies by periodically holding meetings with the District Magistrates and other stakeholders; and (xix) The CMC for monitoring remediation of 351 polluted river stretches, headed by the Secretary, MoJS may monitor the steps for restoration of water bodies by all the States/UTs periodically.
18. Reply dated 23.09.2025 has been filed by respondents no. 1 and 5.
The relevant part of the reply is reproduced below:-
"REPLY ON BEHALF OF RESPONDENT NO. 1 & 5 IN COMPLIANCE WITH ORDER DATED 20.08.2025 PASSED IN THE CAPTIONED ORIGINAL APPLICATION.
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1. That the issue relates to illegally filling up of the ponds and conversion thereof to other uses for making new projects and grabbing the land.
2. That water bodies are spread over the entire area of Delhi. These water bodies are under the management and control of different authorities which have ownership of the land on which bodies exist.
3. That Wetland Authority of Delhi vide letter dated 25.04.2023, 28.03.2023 and 27.02.2023 requested DDA and Revenue Department to submit the point wise action taken report regarding the ponds in question. Copy of the letters dated 25.04.2023, 28.03.2023 and 27.02.2023 is annexed herewith and marked as ANNEXURE-A.
4. Wetland Authority of Delhi had directed the land-owning departments vide letter No.F.5(16)/WA/WB/DIRECTIONS/2023-24/3403-3400 dated 30.10.2024 to take several measures towards protection of water bodies under their jurisdiction as well as restoration and rejuvenation of water bodies. Copy of directions dated 30.10.2024 to all District Magistrates is annexed herewith and marked as ANNEXURE-B.
5. That, as per records, Khasra No. 178/1(1-19), 373/1(15-18), 142(3-1) and 163(4-16) is owned by Delhi Development Authority (DDA) and work related to management and development is the responsibility of land-owning agency (i.e. DDA).
6. That, as per records, Khasra No. 17/27 (11-8) is owned by Delhi State Industrial and Infrastructure Development Corporation Ltd. (DSIIDC) and work related to management and development is the responsibility of land-owning agency (i.e. DSIIDC)."
19. Status report dated 23.09.2025 has been filed by respondent no. 3.
The relevant part of the status report is reproduced below:-
"STATUS REPORT ON BEHALF OF RESPONDENT NO.3, DELHI DEVELOPMENT AUTHORITY IN TERMS OF THE ORDER DATED 20.08.2025.
X X X X KHASRA NO. 373/1 (Takiya Talab)
7. Khasra No. 373/1, also known as Takiya Talab, is Gram Sabha land. Upon urbanisation of villages under Section 507 of the Delhi Municipal Corporation Act, 1957, the Gram Sabha stood dissolved and, in terms of Section150(3) of the Delhi Land Reforms Act, 1954, all land and assets of the erstwhile Gram Sabha vested in the Central Government. The said land, having so vested in the Central Government, was subsequently placed at the disposal of the Delhi Development Authority under Section 22(1) of the Delhi Development Act, 1957, and was formally handed over to the answering Respondent by the BDO (West), GNCTD, during the year 2020-21 on an "as is where is basis".
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8. The rejuvenation of Khasra No. 373/1 is being carried out in a phased manner, as detailed under the status report dated 23.05.2025. After several persuasions and joint visits undertaken with GNCTD, the Revenue Department and the Land Management Wing of DDA, a TSS survey was conducted and verified in coordination with the Revenue authorities. The verified drawings of the pond show that the demarcated area is encroached upon by peripheral roads, a temple, litigation- affected land, buildings and adjoining houses. The TSS Verification in respect of Khasra No.373/1 is annexed hereto as Annexure R-2.
9. On 19.06.2025, a joint inspection was conducted along with the Land Management (West Zone) of DDA, the Revenue Department and the Engineering Wing of DDA, which confirmed the extent of encroachment. Following the inspection, a file was initiated for demolition of the unauthorised structures and the same has been approved by the competent authority. A copy of the Department noting/approval for demolition of encroachment on water bodies having Khasra Nos. 373/1 & 178/1 in village Mundka is annexed hereto as Annexure R-3.
10. Pursuant thereto, Notices were issued to the identified encroachers in 18.08.2025, for vacating the encroached land. Reminder notices were thereafter issued on 04.09.2025 to the encroachers, which are annexed as Annexure R-4 (colly). The encroachers have submitted objections/replies, copies of which are annexed hereto as Annexure R-5 (colly), and the same have been forwarded for verification to DD, Land Management (WZ). A copy of the said letter dated 15.09.2025 is annexed hereto as Annexure R-6.
11. Further, a letter dated 16.09.2025 was also addressed to DD/LM/WZ, requesting fixation of a date for joint demarcation in the presence of encroachers, local representatives and Engineering Wing officials, for taking the process forward. A copy of the said letter dated 16.09.2025 is annexed hereto as Annexure R-7.
12. It is submitted that under Phase-I rejuvenation, the water body is to be confined by construction of a boundary wall as per TSS verified drawings, followed by desilting. The work has already been initiated and will progress upon clearance of encroachments.
KHASRA NO, 178/1
13. Khasra No. 178/1 is Gram Sabha land, which was also formally handed over to the DDA in the year 2020-21 by the BDO (West) on an "as is where is basis".
14. As per the verified drawings, the demarcated pond area is encroached upon by roads, residential houses and other built-up structures. In order to ascertain the extent of encroachment, a joint inspection was carried out on 19.06.2025 along with the Kanoongo of the Revenue Department, the Land Management (West Zone), and the Engineering Wing. The TSS Verification in respect of Khasra No.178/1 is annexed hereto as Annexure R-8. Based on the inspection, a file was initiated for carrying out demolition of the built-up structures, which has since been duly approved by the competent authority.
15. Pursuant thereto, Notices were issued to the identified encroachers in 18.08.2025, for vacating the encroached land.
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Reminder notices were thereafter issued on 04.09.2025 to the encroachers, which are annexed as Annexure R-9 (colly). The encroachers have submitted objections/replies, copies of which are annexed hereto as Annexure R-10 (colly), and the same have been forwarded for verification to DD, Land Management (WZ). A copy of the said letter dated 15.09.2025 is annexed hereto as Annexure R-11.
16. It is relevant to mention here that upon issuance of notices on 18.08.2025, and the objections and hindrances raised thereafter, a joint inspection in the presence of the concerned officials of the answering Respondent and some objectors was carried out on 22.08.2025. In view of the prevailing circumstances, the work of construction of boundry wall was stopped on site, pending further necessary clarification, which also once again required inputs from the revenue wing of the GNCTD. A copy of the handwritten inspection report dated 22.08.2025 is annexed hereto as Annexure R-12.
17. The letter dated 16.09.2025 referred to hereinabove addressed to DD/LM/WZ, also contains the request for fixing of a date for conducting a joint demarcation in Khasra No. 178/1, in the presence of the encroachers, the village Pradhan, and representatives of the Engineering Wing. It is reiterated that in order to finalise the demarcation on the ground and to remove any dispute, the said process is necessary.
KHASRA NO. 142/(3-1)
18. The water body on site is a natural formation with no artificial or man-made source of water. Owing to the ongoing monsoon season, the water body/johad is presently full of water. However, for its effective restoration, rejuvenation and long-term maintenance, the construction of the boundary wall is the first crucial step in the process. Photographs showing the present status are annexed hereto as Annexure R-13(colly).
19. For the said purpose, Phase-I tender for desilting and boundary wall construction was awarded in March 2025, and the contractor commenced work in terms thereof in April, 2025. However, local landowners have persistently obstructed the execution, preventing the movement of construction material through adjoining lands and raising objections to the demarcation carried out by the Revenue Wing, GNCTD.
20. Multiple representations were submitted by the objectors opposing the works. In response, the DDA has written to the Land Management Wing and the Revenue Department seeking their comments on the objections raised by the landowners, and responses thereto are still awaited.
21. A reminder letter dated 09.09.2025 has been issued to the Sub-Divisional Magistrate (District West) and the Land Management Wing, reiterating the request for intervention and necessary support in view of the obstruction at site. The said letter records that the rejuvenation of the water body situated on Gram Sabha land at Khasra No. 142, Village Mundka, is under consideration before this Hon'ble Tribunal. The TSS of the said water body was jointly verified by LM/West Zone, DDA and Revenue, GNCTD on 18.01.2025, and further demarcation was carried out on 20.01.2025 in the presence of the said authorities. Despite these efforts, during commencement of the work, local O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
16villagers objected and asserted ownership claims over the land within and around the water body.
22. The nearby occupants have been protesting and obstructing the execution citing alleged errors in demarcation. They have also submitted representations in this regard. As a result, construction material and machinery cannot be transported to the site, and execution of the awarded work remains stalled. Copy of the said letter dated 09.09.2025 addressed to the SDM is annexed herewith as Annexure R-14.
23. Simultaneously, a further reminder request following the letter dated 05.05.2025 was also made to the SHO, P.S. Mundka vide letter dated 09.09.2025, once again seeking police assistance to ensure smooth execution. A copy of the said letter is annexed herewith as Annexure-R-15.
24. In these aformentioned circumstances, despite the award of work and initiation of Phase-1 execution, the project remains stalled on account of the continuing obstruction and lack of on- ground assistance from the concerned authorities.
25. As detailed under the earlier status report filed by the answering Respondent/DDA on 23.05.2025, for the subsequent phase of rejuvenation of these water bodies, the DDA has engaged IIT Delhi as consultant to prepare a scientific and sustainable plan for restoration. The consultancy covers ecological assessment, water quality management, infrastructure upgradation, and sewage treatment. The detailed study of the ponds is under progress and phase-wise reports from IIT Delhi are awaited.
26. With respect to Khasra No. 163/1, which was also handed over to the DDA in 2020-21on 'as is where is basis'; As submitted already, the johár on this land stands developed, with a temple also existing in its premises at the time of handover. Photographs in respect thereof have been filed alongwith the Report dated 23.05.2025.
27. The Deponent states and submits that it is scrupulously and diligently attempting to follow all the directions passed by this Hon'ble Tribunal in the present application and is taking necessary action for rejuvenation of the water bodies falling under its purview."
20. Status report dated 23.09.2025 has been filed by the District Magistrate (West) Delhi. The relevant part of the status report is reproduced below:-
"STATUS REPORT ON BEHALF OF RESPONDENT I.E. DISTRICT MAGISTRATE WEST, DISTRICT WEST, GOVT. OF NCT OF DELHI IN COMPLIANCE TO THE DIRECTIONS OF THIS HON'BLE TRIBUNAL ORDER DATED 20.08.2025.
X X X X
3. That the brief facts/comments in the aforesaid matter are as under: -
O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs.
Govt. of NCT of Delhi & Ors.
17
S.No. Kharsa Area Ownership Possession Remarks
No. handed to
DDA on
1. 142 3-1 Gram Sabha 12.10.2020 Pond filled with water
Talab on site & no Boundary
wall and Talab is known
as Dharmuwala"
(Photos annexed as
Annexure-Page No.3)
2. 163 4-16 Gram Sabha 12.10.2020
Talab
Pond filled with water,
Boundary wall,
Footpath adjacent to
pond, Some trees, 01
Structure Hall type and
Talab is known as "Dada
Doba" (Photos annexed
as Annexure-Page No.4-
5)
3. 178/1 1-19 Gram Sabha 12.10.2020 Park of half portion and
Talab other half is vacant and
Talab is known as
"johdi" (Photos annexed
as Annexure-Page No.6-
7)
4. 373/1 15- Gram Sabha 12.10.2020 Mandir, Road, Rooms,
18 Talab Park, Pond is in some
area filled with water
and Talab is known as
"Takiya" (Photos
annexed as Annexure-
Page No.8-11)
5. 17/27 11-8 Gram Sabha Acquired Boundary wall filled
Talab vide award with water and Talab is
no.33/DC( known as
W)/2005- "Chor Aala" (Photos
06 and annexed as Annexure-
possession Page No.12)
of the same
has also
been
handed
over to
DSSIIDC on
12.04.2007
O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs.
Govt. of NCT of Delhi & Ors.
18
4. That as per Revenue Record ownership of Khasra No. 142,163,373/1,178/1 Village Mundka is recorded as Gram Sabha Johar. The possession of the same has already been handed over to DDA on 12.10.2020. Besides, the village Mundka has also been urbanised vide notification dated 16.05.2017. Consequent to this Revenue Department no more remains the jurisdictional Authority.
5. That as per Revenue Record, ownership of Khasra No. 17/27 Village Mundka is recorded as "Sarkar Daulat Madar", the same has been acquired vide award No.3/DC(W)/2005-06 and possession of the same has also been handed over to DSIIDC on 12.04.2007."
21. Status report dated 31.10.2025 has been filed by respondent no. 5- the District Magistrate (West), Delhi. The relevant part of the status report is reproduced below:-
"STATUS REPORT ON BEHALF OF RESPONDENT No. 5 I.E. DISTRICT MAGISTRATE WEST, DISTRICT WEST, GOVT. OF NCT OF DELHI IN COMPLIANCE TO THE DIRECTIONS OF THIS HON'BLE TRIBUNAL ORDER DATED 24.09.2025.
X X X X
2. That in compliance to the directions of this Hon'ble Tribunal, a meeting was held on 01.10.2025 under the chairmanship of convener STF i.e. SDM (Punjabi Bagh) wherein directions were issued to concerned land owning agencies i.e. DDA and DSIIDC to take necessary and immediate action for removal of encroachment from water bodies. Copy of Minutes of meeting dated 01.10.2025 is annexed as Annexure-A.
3. It is mentioned here that the official of DSIIDC informed during the meeting dated 01.10.2025 that no encroachment exists on the water body at present and boundary wall has been constructed around the water body situated at Kh. No. 17/27 village Mundka.
4. It is also mentioned here that the official of DDA informed during the meeting dated 01.10.2025 that no encroachment exists on the water body at present at Khasra No. 142, village Mundka, Talab Known as "Dharmuwala".
5. It is further stated here that the official of DDA informed during the meeting dated 01.10.2025 that no encroachment exists on the water body at present at Khasra No. 163, village Mundka, Talab Known as "Dada Dobha Johad".
6. That, in respect of water body at Kh. No. 178/1, known as "Johadi" and Kh. No. 373/1, known as "Taqiya Talaab", DDA officials informed that encroachment exists on the pond land at Kh. No. 178/1 in form of Park and a temporary structure (tin shed) and encroachment in form of houses, MCD Office, Post Office etc. exists on pond at Kh. No. 373/1. DDA Officials were directed to remove all unauthorized O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
19structures/constructions/encroachment from the pond land following due process. SHOs concerned were directed to provide necessary support and assistance to the land-owning agency i.e. DDA for removal of encroachment and work execution related to rejuvenation of water bodies.
7. That in pursuance of said directions, DDA issued Notices to the encroachers to remove the encroachment from the water bodies at Kh. No. 373/1 and 178/1 village Mundka immediately and to file claims /representations, if any.
8. That, objections were raised by the occupiers of land at Kh. No. 178/1 and Kh. No. 373/1 which were received from DDA vide letter dated 26.09.2025 received in this office on 14.10.2025.
9. Joint site inspections were carried out on 15.10.2025, 16.10.2025 and 30.10.2025 in presence of officials from Revenue Department and DDA along with residents of Mundka village to ascertain the area of water bodies and address the objections raised by the residents of Mundka Village. Copy of inspection reports is annexed as Annexure-B and Annexure-C respectively.
10. That, this office vide letter dated 28.10.2025 had provided the information sought by DDA reg. claims/objections of Villagers, same is annexed as Annexure-D.
11. That, the final map after hearing the objections of residents of Village Mundka will be prepared by DDA. Revenue Department shall provide the necessary Revenue records or any other assistance as and when required by concerned land owning agencies."
22. Status report dated 01.11.2025 has been filed by respondent no. 3- DDA. The relevant part of the status report is reproduced below:-
"FIFTH STATUS REPORT ON BEHALF OF RESPONDENT NO.3, DELHI DEVELOPMENT AUTHORITY IN TERMS OF THE ORDER DATED 24.09.2025.
X X X X
2. It is respectfully submitted that by the Affidavits/Status Reports dated 04.02.2023, 21.08.2023 and 23.05.2025, and
23.09.2025 the answering Respondent has placed on record the detailed status in respect of the water bodies/johads within the jurisdiction of the DDA.
3. The present Status Report is being filed in continuation of the earlier Status Report dated 23.09.2025, submitted in compliance with the Order dated 20.08.2025, and in further compliance with the directions contained in the Hon'ble Tribunal's Order dated 24.09.2025, wherein the Hon'ble Bench directed the relevant record with the detailed action taken with respect to removal of encroachments, restoration and rejuvenation of water bodies located in Village Mundka, to be placed on record. The answering Respondent accordingly craves leave to refer to and rely upon the earlier reports filed, along with the submissions herein.
4. It is submitted that a meeting of the Special Task Force (STF) convened by the Sub-Divisional Magistrate, Punjabi Bagh, was O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
20held on 01.10.2025 in the office of the SDM, Punjabi Bagh, to review and discuss the removal of encroachments from water bodies which are subject matter of this Application. The meeting was attended by representatives of the Revenue Department, GNCTD; DDA; Delhi State Industrial and Infrastructure Development Corporation Ltd ("DSIIDC"); Municipal Corporation of Delhi ("MCD"), and the local police authorities. During the meeting, the SDM directed the DDA officials to initiate removal of all unauthorised structures and encroachments following due process, with the SHO concerned to provide necessary police assistance. The MCD was also instructed to remove the waste dumped in the ponds and take action against illegal dumping. A copy of the Minutes of Meeting dated 01.10.2025 issued by the Office of the SDM, Punjabi Bagh, is annexed hereto as Annexure R-1.
KHASRA NO. 142/(3-1)
5. The said water body continues to exist in its natural condition and remains filled with water. As per the demarcation and the Total Station Survey (TSS) verified by the Revenue Department, GNCTD and the Land Management Wing (West Zone), DDA in January 2025, the water body lies partly on DDA land, with no encroachment, and partly within adjoining land owned by private persons. Although preliminary steps were undertaken to earmark the boundary for construction of a boundary wall around the water body, the same could not be executed on site due to objections raised by the surrounding private landowners. The adjoining landowners have also raised written objections to the TSS prepared by the Revenue Department, GNCTD and the Land Management Wing, DDA. Clarification regarding the demarcation is still awaited.
6. The tender issued for the said purpose in March, 2025, had to be closed on account of the contractor not being able to undertake any construction or fulfil the commitments therein. A fresh tender for maintenance and rejuvenation of the water body including erection of a boundary wall and construction of a peripheral pathway was re-invited, and the financial bid was opened on 24.10.2025. A copy of Tender Documents and Financial Bid Opening Details on dated 24.10.2025 are annexed hereto as Annexure R-2 (colly).
KHASRA NOS. 373/1 AND 178/1 (VILLAGE MUNDKA)
7. The TSS drawings, already verified by the Land Management Wing and GNCTD in Jan-Feb 2025 and fixing of stones at site was done on 27/03/2025 Thereafter, a joint site visit was held on 19/06/2025 for encroachments were delineated thereon. The detailed area statement reflecting the status of land utilisation, as summarised in the table, has been prepared on the basis of the verified TSS and field measurements along with the Photographs depicting the current condition of the site which are annexed hereto as Annexure R-3 (colly).
8. The work of boundary wall construction on Kh no.178/1 was stopped due to obstruction and resistance by nearby occupants/encroachers claiming ownership of the land. Pursuant to the said obstruction, vacation and demolition notices were issued on 18.08.2025, followed by reminders dated O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
2104.09.2025 and 09.10.2025. Copies of the said notices have already been placed on record along with the earlier Status Report.
9. It is respectfully submitted that as per the TSS and demarcation jointly undertaken by the Land Management Wing (West Zone), DDA, and the Revenue Department, GNCTD, the water body known as Takiya Talab, situated in Khasra No. 373/1, Village Mundka, area measures approximately 15-18 bigha-biswa (13,403 sqm). The verified area statement prepared on the basis of the latest site inspection indicates that out of the total area, approximately 5,095 sqm constitutes the water-filled portion of the pond (of which about 3,340 sqm lies beyond the presently demarcated TSS boundary), 3,480 sqm approximately comprises a well-maintained park area, 2,020 sqm approximately forms part of the existing road, and around 183 sqm is occupied by existing temple structure, whereas approximately 2,475 sqm stands encroached upon by private occupants. The detailed break-up of land utilisation is reflected in the corresponding area statement and site plan annexed hereto.
10. Further, an area measuring approximately 115 sqm is presently occupied by Government entities, namely the Department of Posts, MCD site office. Show cause cum vacation notice dated 04.10.2025 was duly issued to the Department of Posts. By the letter dated 10.10.2025, issued by the Department of Posts, Government of India, received in response to the Show Cause-cum-Vacation Notice dated 04.10.2025 concerning the Post Office at Takiya Talab (Khasra No. 373/1), Village Mundka, it was informed that the premises were handed over by the North DMC vide letter dated 11.11.2020 for public service use and that the Post Office has been functioning there since then. It has also requested that no coercive action be taken until verification of records and identification of alternate accommodation. A copy of the said letter dated 10.10.2025 issued by the Department of Posts is annexed hereto as Annexure R-4.
11. It is submitted that a further area measuring approximately 183 sqm is occupied by an existing temple structure. By the letter dated 27.10.2025, issued by the Executive Engineer, DPD-I, DDA, a reference was made to the Religious Committee, GNCTD, seeking a decision regarding the temple structure located within the demarcated area of the water body in Khasra No. 373/1 (Takiya Talab), Village Mundka. The said communication was issued in view of the verified TSS, which confirms that the temple structure lies within the water body area identified for rejuvenation. The matter has been referred to the Religious Committee to take an appropriate decision to ensure compliance with the directions of the Hon'ble National Green Tribunal and facilitate the restoration work. A Copy of Letter dated 27.10.2025 issued by the Executive Engineer, DPD-I, DDA, to the Religious Committee, GNCTD is annexed hereto as Annexure R-5.
12. With respect to Khasra No.178/1, Village Mundka, area measuring approximately 01-19 bigha-biswa (1643.85 sqm). The verified area statement prepared on the basis of the latest site inspection indicates that 818 sqm out of the total area, approximately 1,631 sqm comprises of well-maintained park area, approximately 659 sqm is a vacant land area and O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
22approximately 154 sqm stands encroached upon by private occupants. The detailed break-up of land utilisation is reflected in the corresponding area statement and site plan annexed hereto.
13. Joint inspections were again conducted on 15.10.2025 and 16.10.2025, in the presence of officials from Land Management DDA, Engineering Wing DDA, and the concerned occupants/objectors, but no conclusive outcome was reached owing to the absence of GNCTD revenue staff. Copies of the hand written Joint Inspection Reports dated 15.10.2025 and 16.10.2025 are annexed hereto as Annexure R-6 (colly). Multiple representations have also been received from occupants/encroachers on 22.08.2025, 28.08.2025, 11.09.2025, 15.10.2025, 16.10.2025 and 24.10.2025, contesting the demarcation and reference point coordinates.
14. In response thereto, the SDM, Punjabi Bagh, vide letter dated 28.10.2025, recommended that a re-verification or fresh demarcation be carried out in the presence of adjoining landowners/occupants. A copy of the said letter dated 28.10.2025 issued by the SDM, Punjabi Bagh, is annexed hereto as Annexure R-7.
15. Pursuant thereto, a joint site inspection for reassessment of demarcation was scheduled on 30.10.2025 in coordination with LM DDA, Engineering Wing DDA, Kanoongo, GNCTD and Patwari, DDA, and the concerned private parties. A copy of the said Notice dated 29.10.2025 of the joint site visit is annexed hereto as Annexure R-8.
16. In compliance therewith, a Joint Inspection was scheduled and conducted оп 30.10.2025 at Takiya Talab (Khasra No. 373/1) in the presence of all stakeholders, including the Revenue Department (GNCTD), Land Management (West Zone), and Engineering Wing of DDA, as well as local villagers and occupants.
17. Considering the request of local residents/Village Pradhan and the request was received from SDM office to undertake fresh demarcation jointly in the presence of all stakeholders. The DDA has deployed surveyor and measurement work for Khasra No. 373/1 has commenced on Site. A copy of the hand written joint Re-Demarcation Report dated 30.10.2025 prepared by the concerned officials is annexed hereto as Annexure R-9. The hand written inspection report dated 30.10.2025 is also annexed hereto as Annexure R-10.
18. It is submitted that the re-verification and fresh demarcation of Khasra No.178/1, Village Mundka will also be undertaken in terms of the communication of the SDM, Punjabi Bagh, upon completion of the proceedings underway in Khasra No. 373/1.
19. It is further submitted that as detailed in previous reports, the IIT Delhi has been appointed in March, 2025 as Consultant for Phase 2 of the scientific rejuvenation of three water bodies bearing Khasra Nos. 373/1, 178/1, and 190/1. The comprehensive report of Kh No.373/1 (Takiya Talab) prepared by IIT Delhi dated 24.09.2025 is also annexed hereto as Annexure R-11.
KHASRA NO. 163/1)(04-16 BIGHA-BISWA )/ (4046.4 SOM) DADA DOBA TEMPLE O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
2320. The said water body situated at Khasra No. 163/1 (Dada Doba Temple) stands fully developed and properly maintained. As per the verified site measurements, the total area measures approximately 4,040 sqm, comprising a water-filled portion of about 1,147 sqm. A well-maintained park area of around 2,620 sqm, an RCC common roof sitting area (without enclosing walls) measuring about 200 sqm, and an existing temple structure of approximately 73 sqm located along the edge of the water body. The detailed area statement, along with corresponding site photographs, is annexed hereto as Annexure R-12 (colly)."
23. Status report dated 30.10.2025 has been filed by respondent no. 8- DSIIDC. The relevant part of the status report is reproduced below:-
"STATUS REPORT ON BEHALF OF RESPONDENT NO. 8(DSIIDC) X X X X
3. I state that the pond is situated in Khasra No. 17/27 of revenue village Mundka. The physical possession of the land comprising of this pond has been taken over by the Answering Respondent from Land and Building, Vikas Sadan, ITO, New Delhi on 12.04.2007 on 'as is where is basis.
4. I state that vide order dated 14.12.2017 in the O.A. Nos. 199 of 2014, 61 of 2017 281 of 2016 and 428 of 2017, this Hon'ble Tribunal held as "3. Till the sites are earmarked and finalized for being utilized for management of solid waste municipal waste in Delhi including setting up of a land fill site, composting, RDF plant and Waste to Energy Plant, all the authorities including Delhi Development Authority, DSIIDC, Corporation shall not place or award work for building up any commercial building in the lands which have been referred to for the site."
True copy of order dated 14.12.2017 is attached herewith as Annexure R8-1.
5. I state that the Hon'ble Supreme Court vide judgment dated 31.07.2023 in Civil Appeal No. 6722 of 2022, allowed the appeal filed by the Respondent No. 8 against the order dated 14.12.2017 and released the land at Ranikhera-Mundka, Delhi for commercial construction. True copy of judgement dated 31.07.2023 and legal opinion of Ld. ASG are annexed herewith as Annexure R8-2 and Annexure R8-3 respectively.
6. I state that the Respondent No. 8 has not constructed any structure on the above-said parcel of land and the pond exists on as is basis. That there is no encroachment on the pond of any manner. Photographs of the pond are annexed herewith as Annexure R8-4 (Colly).
7. I state that the Respondent No. 8 is currently initiating the process of development of the said land parcel through third parties. True copy of development plan and approval granted by MCD are attached herewith as Annexure R8-5 and Annexure R8- 6 respectively.
O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors. 24
8. In the said development plan the improvement of water body is already included. (Refer Annexure R8-5)"
24. We have heard learned Counsel for the applicant and learned Counsels for the respondents and we have gone through the material on record carefully.
25. In the present case, the applicant is seeking removal of encroachments from and restoration/rejuvenation of waterbodies comprised in Khasra No. 178/1(1-19), 373/1(15-18), 142(3-1), 163(4-16) and Khasra No. 17/27 (11-8). As per the material on record at present Khasra No. 178/1(1-19), 373/1(15-18), 142(3-1) and 163(4-16) are owned by respondent no. 3-DDA and work related to management and development thereof is the responsibility of land-owning agency-
respondent no. 3-DDA and Khasra No. 17/27 (11-8) is owned by respondent no. 8-DSIIDC and work related to management and development is the responsibility of land-owning agency-respondent no. 8- DSIIDC.
26. Respondent no. 5-DSWLA had written letters dated 25.04.2023, 28.03.2023 and 27.02.2023 requesting DDA and Revenue Department to submit the point wise action taken report regarding the ponds in question so that status report could be filed before this Tribunal in the present case.
Vide Order No.F.5(16)/WA/WB/DIRECTIONS/2023-24/3403-3400 dated 30.10.2024 (pages no. 799 to 805 of the paper book) respondent no. 5- DSWLA had directed land owning agencies to take several measures towards protection of water bodies under their jurisdiction as well as restoration and rejuvenation of water bodies. The relevant part of the above said order reads as under:-
O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs.
Govt. of NCT of Delhi & Ors.
25
" Order
Whereas it is necessary to expedite protection and restoration of Water Bodies in Delhi in a time bound manner and to support efficient conservation and management of wetlands in consonance with (Wetland [Conservation & Management] Rules, 2017).
Therefore, in exercise of powers under clause (n) of sub-rule (4) of Rule 5 of the Wetlands (Conservation & Management) Rules, 2017, the Wetland Authority of Delhi issues the following directions for compliance and necessary action by all concerned authorities :-
1. Protection of water bodies under one's jurisdiction through the following actions:
(1) The following activities shall be prohibited within the wetlands, namely,
(i) conversion for non-wetland uses including encroachment of any kind;
(ii) setting up of any industry and expansion of existing industries;
(iii) manufacture or handling or storage or disposal of construction and demolition waste covered under the Construction and Demolition Waste Management Rules, 2016;
hazardous substances covered under the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 or the Rules for Manufacture, Use, Import, Export and Storage of Hazardous Micro-organisms Genetically engineered organisms or cells, 1989 or the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008; electronic waste covered under the E-Waste (Management) Rules, 2016;
(iv) solid waste dumping;
(v) discharge of untreated wastes and effluents from industries, cities, towns, villages and other human settlements;
(vi) any construction of a permanent nature except for boat jetties within fifty metres from the mean high flood level observed in the past ten years calculated from the date of commencement of Wetland Rules, 2017; and,
(vii) poaching.
2. All concerned authorities shall ensure that:-
(1) the above prohibited activities in water bodies are taken cognizance of, swiftly acted upon and removed, if needed through existing mechanisms of STF for encroachment removal constituted by the office of the Divisional Commissioner, Govt. of NCT of Delhi vide order no. F.36(35) Div.Comm/Pt.File/201/1038-1045 26.03.2014, or the grievance committee constituted in Districts vide F.5(01)/WA/2019/519- 531 dated 01.07.2021.
(ii) Complete ground truthing and geo-tagging of water bodies which are listed but are yet to be ground truthed.
(iii) Identify all remaining unlisted water bodies, ensure listing along with geo tagging and preparation of brief documents of all water bodies in the concerned jurisdiction as per the definition of O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
26Wetlands in Wetland Rules, 2017 with the master list of the Wetland Authority of Delhi, so that none of the water bodies in Delhi is left unlisted, unmapped and documented under the statutory framework.
(iv) Undertake measures for enhancing awareness within stakeholders and local communities on values and functions of wetlands.
(v) Consider the objections, if any, referred to by Wetland Authority of Delhi from the concerned and affected persons, during the process of notification of wetlands in the district by the Government of NCT of Delhi.
3.Restoration and rejuvenation of water bodies in respective jurisdiction through the following actions:
i The concerned authorities shall also take measures to restore and rejuvenate all wetlands in the jurisdiction either departmentally or through work departments such as DJB, I&FC Department, PWD etc. and supervise their implementation in a time bound manner, in line with the management plan prepared on the basis of guidelines set by Wetland Authority of Delhi. The broad guidelines are as follows:
(a) Water body should be cleaned through bio-remediation measures, de-silting, aeration, removal of floating and other invasive aquatic plant-species or any other technology suiting local conditions.
(b) Shore-line of the water bodies should be properly fenced to protect them from encroachment. Inlet and outlet of the water body should be strengthened.
(c) Inflow of domestic/ industrial sewage into the water body should be arrested and only treated effluent adhering to standards prescribed by CPCB may be allowed into the water body.
(d) Catchment area treatment via afforestation, storm water drainage management, silt traps, etc, may be undertaken.
(e) Water front development around the water body may be taken up, keeping in view the eco-system based approach for the aquatic body, conforming to prevalent environmental legislation and maintaining social and cultural sanctity of the place, in consonance with Wetland Rules 2017.
(f) Creation of public spaces may be taken up to ensure public eye and vigilance to protect from encroachment or throwing garbage.
(g) Participation of private sector, community based organizations, philanthropic foundations may be encouraged in rejuvenation and maintenance of water bodies.
(h) Plantation plays a significant role in absorption of storm and rainwater for maintenance of ground water table, prevention. of soil erosion and run-off and encourage growth of natural habitat for flora and fauna.
O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors. 27
(i) Undertake plantation near water bodies, public spaces, parks and on roadside to improve green cover and water cycle.
(j) Monitor quality of water in the selected body on regular basis at least eight times a year, communicate the quality data to Wetland Authority of Delhi and undertake appropriate action to improve wherever necessary.
ii The land owning agency or department shall prepare a management plan containing restoration actions in line with the catchment area and watershed principles and on the basis of the guidelines set by Wetland Authority of Delhi in consonance with Wetland Rules 2017.
iii After getting the management plan, duly approved by the Wetland Authority of Delhi, the land owning agency shall ensure that the work plan and estimates be prepared departmentally/internally or through work departments such as PWD, DJB, IFCD etc. iv The budget for the implementation of the restoration project shall be planned through the departmental budget of the land owning department / agency. AMRUT guidelines also allow funding for rejuvenation of water bodies.
v Identify mechanisms for convergence of implementation of the management plan with the existing development plans and programmes.
4. Submission of timelines: The water body owning agency shall submit timelines on the following actions for water bodies in the district within 15 days:
(i) Ground truthing and geo-tagging of 1023 water bodies in Annexure-I which are yet to be ground truthed (1367-344-1023)
(ii) Identification of unlisted water bodies and communication to Wetland Authority of Delhi along with geo coordinates.
(iii) Preparation of brief documents and management plan containing restoration actions by land owning agencies of all water bodies in one's jurisdiction.
(iv) Preparation of estimates for restoration projects either departmentally or by work departments (PWD, DJB, IFCD etc.) after approval of management plan containing restoration actions by Wetland Authority of Delhi.
(v) Restoration of water bodies either departmentally or through work departments.
5. Submission of action taken reports: Regular monthly reports shall be submitted by the water body owning agencies to the Wetland Authority of Delhi by 7th of every succeeding month clearly showing progress against declared timelines.
6. Monitoring of projects through Delhi's e-samiksha Dashboard: And whereas, the Planning Department of GNCTD shall add all the above-mentioned actionable points on Delhi's e- samiksha Dashboard for the purpose of monitoring, after the O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
28receipt of timelines. Wetland Authority of Delhi will help Planning Department in on-boarding the water bodies ground truthed so far against the respective land-owning departments, and as a continuous process, the remaining water bodies, when they are ground truthed.
7. Responsibilities and Liabilities: And whereas, to ensure clarity in ownership of work, clear responsibilities, complete adherence to deadlines and the accountability of officers directly dealing with it, the heads of the land owning departments would submit the names of Nodal officers within 15 days, who shall be personally responsible for ensuring completion of the all the above directions within the declared timelines, and any failure of such nodal officer to ensure execution of the projects/works/responsibilities within the timeline stipulated in the action plan will make such nodal officer liable for disciplinary as well as criminal proceedings for willful disobedience of the orders passed by the Hon'ble Courts, and also for criminal disregard towards protection and conservation of water bodies as well as their failure to discharge their constitutional obligation to the citizens to provide clean environment by protecting the scarce sources of water."
27. However, respondent no. 5-DSWLA has not obtained progress reports and has not verified compliance made by the land owning agencies with the above quoted order and has not submitted before this Tribunal as to what action was taken by it on non-compliance by the land owning agencies with the directions issued by respondent no. 5-DSWLA.
28. In status reports dated 23.09.2025 and 01.11.2025, respondents no.
3-DDA has repeatedly over-emphasized the aspects of demarcation of ponds and identification of encroachments in the presence of the encroachers and the concerned revenue authorities but orders in this regard have been passed by Hon'ble Supreme Court long back in 2001 (Hinch Lal Tiwari Vs. Kamala Devi & Ors. ) and 2011 (Jagpal Singh & Ors. Vs. State of Punjab & Ors.) and also by this Tribunal in 2020 (Lt.
Col. Sarvadaman Singh Oberoi vs. Union of India & Ors.). Respondent no. 3-DDA was required to carry out of the work of demarcation and identification of encroachments but it appears that due to inefficiency/incompetence/lack of commitment on the part of its officers O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
29and also unwillingness of the concerned revenue authorities for extraneous reasons the work of demarcation of the ponds in question and identification of the encroachment of the same could not be carried out during long period of time since passing of the orders by Hon'ble Supreme Court and this Tribunal in cases mentioned above. Respondent no. 3-DDA and respondent no. 7-District Magistrate (West), Delhi are directed to execute the work of demarcation of the ponds in question and identification of the encroachment of the same within fifteen days positively and file specific demarcation reports mentioning the boundaries and measurements of the ponds in question with specific measurements of the areas encroached upon, names, parentage and address of the encroachers with details of the areas encroached upon and nature of encroachment made by them and measures taken/required to be taken for removal of encroachments with specific timelines.
29. Respondent no. 3-DDA is directed to file an action plan for restoration/rejuvenation of the ponds in question giving details regarding
(a) measures to be taken for restoration/rejuvenation with details of the works to be carried out, (b) budget allocated, (c) proposed allotment of works (d) timelines for completion of works and (e) details of nodal officers deputed for monitoring of the works to ensure timely completion thereof.
30. In its status report dated 30.10.2025 Respondent no. 8-DSIIDC has referred to development plan for improvement of water body enclosed with above said status report as Annexure R8-5. However, Annexure R8-5 is not legible and cannot be deciphered. Respondent no. 8-DSIIDC is directed to file an action plan for restoration/rejuvenation of the pond in question giving details regarding (a) measures to be taken for restoration/rejuvenation with details of the works to be carried out, (b) O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
30budget allocated, (c) proposed allotment of works (d) timelines for completion of works and (e) details of nodal officers deputed for monitoring of the works to ensure timely completion thereof.
31. Reports regarding demarcation of ponds and identification of encroachments as directed above be filed by respondent no. 3-DDA and respondent no. 7-DM (West), Delhi within three weeks.
32. Action Plans as directed above be filed by respondent no. 3-DDA and respondent no. 8-DSIIDC within six weeks.
33. Respondent no. 5-DSWLA is directed to file within six weeks comprehensive report regarding demarcation of water bodies in question in the present case and identification of encroachments of the same in compliance with directions given by Hon'ble Supreme Court and this Tribunal including those referred in the present order. In its report respondent no. 5-DSWLA shall specifically mention as to what action was taken by it against land owning agencies in case of non-compliance with directions issued by it.
34. List on 15.01.2026 for further hearing.
35. In case the reports are not filed as directed above the matter be listed on the next working day for further orders for imposition of costs on defaulting respondents in view of the default.
36. In the eventuality of non-compliance of this order and failure to file reports/action plans as directed within specified period, the Member Secretary, State Wetland Authority, Vice-Chairman, DDA, Chief Executive Officer, DJB, Managing Director, DSIIDC and the District Magistrate, (West) Delhi shall remain present before this Tribunal physically or O.A. No. 311/2022 Dr. Jeet Singh Yadav Vs. Govt. of NCT of Delhi & Ors.
31through VC on the above mentioned date of hearing with relevant record to explain the reasons for the same.
37. A copy of this order may be sent to the Member Secretary, State Wetland Authority, Vice-Chairman, DDA, Chief Executive Officer, DJB, Managing Director, DSIIDC and the District Magistrate, (West), Delhi by email for requisite compliance.
Arun Kumar Tyagi, JM Ishwar Singh, EM November 18th, 2025 Original Application No. 311/2022 (I.A. No. 534/2024 & I.A. No. 651/2024) ag