National Green Tribunal
Dr Jeet Singh Yadav vs Govt. Of Nct Of Delhi & Ors on 8 May, 2023
Item No.4 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid V.C. Option)
Original Application No. 311/2022
Dr. Jeet Singh Yadav ...Applicant
Versus
Govt. of NCT of Delhi & Ors. ...Respondents
Date of hearing: 08.05.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant : Mr. Rahul Khurana, Advocate for applicant with
applicant in person.
Respondents: Ms. Jyoti Mendiratta, Advocate for respondent no. 1
and 5.
Ms. Puja Kalra and Mr. Virendra Singh, Advocates for
MCD.
Mr. Ishan Sharma and Mr. Nitin Mishra, Advocates
for Respondent No. 3-DDA.
Mr. Swetank Shantanu and Mr. Ankit Kumar,
Advocates for respondent no. 4-DJB.
Mr. Narender Pal Singh, Advocate for Respondent no.
6-DPCC (through VC).
Application is registered based on a letter petition 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 O. A. No. 311/2022 Dr. Jeet Singh Yadav vs. Govt. of NCT of Delhi & Ors.
-2- 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, West Delhi and directed the same to submit Factual and Action Taken Report within two months.
3. In compliance thereof, DPCC has filed the report of the Joint Committee vide email dated 27.07.2022.
4. Vide order dated 15.09.2022 notices were ordered to be issued to respondents no. 1 to 7. Pursuant to service of notices on respondents no. 1 to 7, replies have been filed by DJB vide email dated 02.02.2023, by DDA vide email dated 04.02.2023 and by MCD vide email dated 17.04.2023 but this Tribunal on finding that the replies filed are vague and evasive and are not supported by relevant documents directed filing of additional replies/response with relevant documents.
5. In compliance thereof additional response has been filed by respondent no. 3, DDA vide email dated 03.05.2023.
6. In its reply respondent no.3 has inter alia submitted that W.P.(C) 4215/2021 titled as Shri Roshan Lal Vs. Government of NCT of Delhi & Ors. has been filed before the Hon'ble High Court of Delhi for issuance of directions to respondents to stop the destruction and eradication of Shishuwala pond and to remove encroachments and save the same from further encroachments. Copies of the Writ Petition and orders passed by the Hon'ble High Court of Delhi on the same have been attached with the reply.
O. A. No. 311/2022 Dr. Jeet Singh Yadav vs. Govt. of NCT of Delhi & Ors. -3-
7. In view of the fact that the Hon'ble High Court of Delhi is seized of the matter regarding restoration of the Shishuwala pond and removal of encroachment from the same, we are of the considered view that it will not be appropriate to pass any further order in respect of the same in view of the possibility of conflict with orders of Hon'ble High Court of Delhi and the application stands disposed of so far as Shishuwala pond is concerned.
8. So far as the relief sought by the applicant regarding Shangoosar Jodhi, Guga Jodhi, Gulli Jodhi is concerned status report has been filed by SDM, Punjabi Bagh vide email dated 03.05.2023 in which it has been mentioned that Shangoosar Jodhi, Guga Jodhi, Gulli Jodhi have been converted into public parks.
9. However copies of the relevant revenue record in respect of the above said water bodies have not been filed by the applicant or the respondent no. 3-DDA.
10. Respondent no. 3-DDA is directed to place on record copies of the relevant revenue record related to these ponds within one month by way of email at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
11. List for further consideration on 23.08.2023.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM May 08, 2023 N