National Green Tribunal
Aqeel Ahmed vs Govt Of Nct Of Delhi on 27 February, 2023
Item No. 1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
I.A No. 72/2023
In
Original Application No. 26/2023
Aqeel Ahmed & Anr. ...Applicant
Versus
Govt. of NCT of Delhi & Ors. ...Respondents
Date of hearing: 27.02.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicants: Mr. S.D. Ansari and Mr. I. Ahmed, Advocates alongwith
Mr. Aqeel Ahmed.
Respondents: Ms. Jyoti Mendiratta, Advocate for DM (South East)
and DCF (South) (through VC).
Mr. Virendra Singh, Advocate for MCD.
Application under Section 18 (1) read with Sections 14, 15, 16 and 17 of
the National Green Tribunal Act, 2010.
ORDER
1. The applicant- Mr. Aqeel Ahmed has filed the present application under Section 18 (1) read with Sections 14, 15, 16 and 17 of the National Green Tribunal Act, 2010 for directing respondents no. 1 to 4 to take action against respondents no. 5 to 8 for illegal cutting of the trees and removing of the greenery and restraining them from further cutting of trees from the land in question.
2. Vide order dated 17.01.2023, notice was ordered to be issued to the respondents and a Joint Committee was constituted with direction to submit its report within three weeks. Case was ordered to be listed for I.A No. 72/2023 Aqeel Ahmed & Anr. Vs. Govt. of NCT of Delhi & Ors. 2 consideration on 30.01.2023 but due to one of us ( Arun Kumar Tyagi, JM) being on leave the case was adjourned to 27.03.2023.
3. Interim Application no.72/2023 has been filed by the applicant for early hearing with prayer for grant of ad interim injunction order against the respondents no. 5 to 8.
4. Pursuant to service of advance copy, status report has been filed by the DCF (South) vide email dated 26.02.2023.
5. We have heard learned Counsel for the applicant and gone through the relevant record.
6. Learned Counsel for the applicant has vehemently urged for preponing the case for grant of ad interim injunction staying cutting of trees from the land in question. In view of Section 19 (4) (i) of the National Green Tribunal Act, 2010, no ad interim injunction can be granted without notice to the concerned Project Proponents. We have also noticed that in the original application the applicant has claimed that the land is owned by Zakir Husain Trust but the applicant has not arrayed owner of the land in question as one of the respondents. The applicant has not specifically mentioned the boundaries of the land in question which is claimed to be Naseem Bagh and in the course of hearing of the present application for early hearing, learned Counsel for the applicant seeks adjournment for placing on record copies of the relevant documents.
7. We find that the case is fixed for 27.03.2023 which is not very far away and the facts and circumstances of the case referred to by Learned Counsel for the applicant do not make out any urgency for preponing of the case as even after such preponement the case has to be adjourned I.A No. 72/2023 Aqeel Ahmed & Anr. Vs. Govt. of NCT of Delhi & Ors. 3 even on request of the learned Counsel for the applicant for placing on record the copies of the relevant documents.
8. In view of the above the interim application for early hearing is dismissed.
9. The case be listed for hearing on the date already fixed i.e., 27.03.2023.
10. However, we have noticed that in compliance of order dated 17.01.2023, the Joint Committee did not submit its report and the respondents did not file their response. We deprecate the conduct of respondents particularly respondents no. 1 to 4 and Member of the Joint Committee for not complying with our order dated 17.01.2023. We also find that the status report by DCF (South) has been filed today and even show cause notice was issued by DCF (South) only on 23.02.2023 when the present application for early hearing was listed for today i.e., 27.02.2023. The State and its instrumentalities/officers/agencies are under constitutional obligation for the protection and improvement of the environment. Even the Delhi Preservation of Trees Act, 1994 contemplates prompt action for implementation of its provisions but the facts of the present case unmistakably point out the casual approach and inaction on the part of the concerned officers. Violation of the order of this Tribunal constitute an offence and penal action can be taken even against the defaulting officers. However, instead of opting of said recourse, we direct the Members of the Joint Committee to look into the grievances of the applicant, verify the factual position in respect of all relevant aspects including the aspects as to ownership, revenue number, measurements and boundaries of the land in question which is claimed to be Naseem Bagh, the number of the trees with species standing over I.A No. 72/2023 Aqeel Ahmed & Anr. Vs. Govt. of NCT of Delhi & Ors. 4 the same, the number of trees illegally cut, action taken regarding illegal cutting of the trees etc. We also consider that mere issuing of show cause notice regarding alleged illegal cutting of trees is not sufficient and stringent action needs to be taken in respect thereof in accordance with law.
11. The Joint Committee is directed to file its report and respondents no. 1 to 4 are directed to also file their replies within three weeks by e- mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
12. In view of the facts and circumstance of the case, we also consider personal appearance of the DCF (South) on the next date of hearing to be essential for producing copies of the relevant documents and assisting this Tribunal in just and proper adjudication of the questions involved in the case.
13. A copy of this order be forwarded to the Deputy Conservator of Forest (South) and the District Magistrate, (South East) Delhi by e-mail for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM February 27, 2023 AG