National Green Tribunal
Ram Singh vs Govt. Of Nct Of Delhi on 25 January, 2022
Item No.7 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPALBENCH
(By Video Conferencing)
Original Application No. 423/2021
Ram Singh Applicant
Versus
Govt. of NCT of Delhi. Respondent
Date of hearing: 25.01.2022
CORAM: HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Application is registered based on a complaint received by post
ORDER
1. Grievance in this application is regarding demolition of old house and re-construction of multi-storey building at House No. 251, Gali no. 7, Tukmirpur extn., Thana Khajuri Khas, North-East, Delhi in the area of Yamuna Khadar by one Mr. Shiv Narayan. It is submitted that the construction work is still continuing in violation of environmental norms even after notice issued by EDMC for stopping of construction work.
2. We have given our thoughts to the matter. It seems to be a case of unauthorized construction and the same is clear from letter dated 13.05.2021 issued by Asst. Engineer (Bldg.)-II, Shahdara (North) Zone, addressed to SHO PS Khajurikhas, Delhi, which runs as under:
"No.AE(B)-II/SH(N)/2021/D-118 Dated 13.05.2021 To The Station House Officer, Police Station-Khajoori Khas Delhi.1
Sub:- Unauthorized Construction at P.No. 275, Gali No.8, Tukmirpur Extn. Delhi-110080.
Action against the offenders under Section 344(2) of the DMC Act.
Sir, It is reported by concerned JE that the owner/builder of the above said property is carrying out unauthorized construction without sanction/ permission from the department. In spite of our best efforts, the owner/builder has not stopped the construction activity at site. Necessary action under the provision of DMC Act is, therefore, being contemplated against the offender by the Municipal Staff.
You are, therefore, requested that action may be taken under the provisions of Section 344(2) of the DMC Act and the aforesaid unauthorized construction activity be stopped by the Police immediately and workman present in the premises be removed and the construction material including the tools, machinery etc. involved in the execution of the work may be seized forthwith, so that no further unauthorized construction can be carried out at the aforesaid site during holiday & on odd hours also.
Assitant Engineer (Bldg.)-II Shahdara (North) Zone."
3. We are of the opinion that the case seems that of unauthorized construction and is more or less a private dispute between two parties. The application, therefore, cannot be entertained and stands disposed of.
Brijesh Sethi, JM Prof. A. Senthil Vel, EM January 25, 2022 Original Application No. 423/2021 AAA 2