National Green Tribunal
Praveen Kumar Gupta vs Govt. Of Nct Of Delhi & Ors on 4 December, 2025
Court No. 2
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Misc Application in Disposed of Cases No. 36/2025
In
Original Application No. 804/2024
Praveen Kumar Gupta Applicant
Versus
Govt. of NCT of Delhi & Ors. Respondents
Date of hearing: 17.11.2025
Correction made on: 04.12.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
ORDER
1. It has been brought to our notice that in paragraphs no. 19 and 20 of order dated 17.11.2025 the words "respondents no. 6 to 10" were wrongly written instead of the words "respondents no. 5 to 9" due to inadvertent typographical mistake which are ordered to be corrected as "respondents no. 5 to 9" accordingly.
2. Similarly, in paragraph no. 21 of order dated 17.11.2025 the words "respondents no. 7 to 10" were wrongly written instead of the words "respondents no. 6 to 9" due to inadvertent typographical mistake which are ordered to be corrected as "respondents no. 6 to 9" accordingly.
3. Also, in paragraph no. 27 of order dated 17.11.2025 the words "respondents no. 1, 6 and 7 to 10" were wrongly written instead of the words "respondents no. 1, 5 and 6 to 9" due to inadvertent typographical 1 mistake which are ordered to be corrected as "respondents no. 1, 5 and 6 to 9" accordingly.
4. Corrections be made in order dated 17.11.2025 and also in copy of the order dated 17.11.2025 uploaded on the website of this Tribunal accordingly.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM December 04th, 2025 AG 2 Item No.03 Court No. 2 BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI Misc Application in Disposed of Cases No. 36/2025 In Original Application No. 804/2024 Praveen Kumar Gupta Applicant Versus Govt. of NCT of Delhi & Ors. Respondents Date of hearing: 17.11.2025 CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER Applicant: None for the Applicant.
Respondents: Ms. Jyoti Mendiratta, Advocate for Respondents no. 1, 2 & 4.
Ms. Soumya Saurabh, IAS, DM (North West Delhi), (through V.C.). Mr. Himanshu Yadav, SDM, Saraswati Vihar (through V.C.). Mr. Kush Sharma, Advocate for Respondent no. 3.
ORDER
1. The applicant-Praveen Kumar Gupta had sent a letter petition dated 31.10.2023 by post to this Tribunal which was treated and registered as Original Application No.804/2024.
2. Grievance in the letter petition was that some persons had made temporary residences on the road side at Rampura and Rohtak road Delhi and were engaged in doing the work of making statute and extracting metal from electric wires by burning the rubber covering the same causing air pollution due to smoke thereby emitted.
3. This Tribunal disposed of the application by constituting a Joint Committee comprising District Magistrate, (North West), Delhi and Delhi Pollution Control Committee with directions to take appropriate, punitive and remedial action in case of encroachment on the public road and 1 environmental damage and to submit report to Ld. Registrar General of this Tribunal who was given liberty to place the matter before the Bench if any further order was required.
4. In compliance thereof, report was filed by the Sub-Divisional Magistrate, (North West), Delhi along with copy of joint inspection report dated 03.12.2024 of the Joint Committee and reply dated 28.02.2025 has been filed by DPCC.
5. The relevant part of the Joint Inspection report dated 03.12.2024 of the Joint Committee reads as under:
"With reference to the letter F.No. DPCC-L015/4/2024-CFC-3- DPCC/2975-77, dated: 25-11-2024, from the office of Delhi pollution Control Committee (DPCC), department of Environment, GNCTD, a joint inspection of temporary residences on the roadside at Rampura and Rohtak Road Delhi, was conducted on 03.12.2024, in which Tehsildar/Executive Magistrate (Sarsawati Vihar), Patwari concerned and JEE DPCC, were present.
As per the joint inspection, no environmental damage was observed during inspection as mentioned in the Original Application no. 804/2024 titled "Praveen Kumar Gupta v/s GNCTD", by the temporary residents along the roadside at Rampura and Rohtak road Delhi, from statue making and blacksmiths. No persons were found extracting metal from electric wires by burning rubber covering of the electric wire. A local enquiry by few nearby residents/workers was made. As per the local enquiry as well no extraction of metal from electric wires is being carried out in the area.
Temporary encroachment on the main Rohtak Road Delhi near Rampura was found during the inspection for which a letter to the concerned in PWD may be written to take necessary action as per the law."
6. In view of the reports received, the Registry had placed the matter before one of us (Mr. Justice Arun Kumar Tyagi, Judicial Member) with the proposal that no further orders were required in the matter but in view of the deficiencies in the report the matter was ordered to be listed before the Bench.
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7. This Tribunal found the report to be self-contradictory. Photographs attached with the report not only showed encroachment on part of the road by storing of statutes and other material but also indicated other activities involving air and water pollution in the area.
8. Accordingly, Secretary, Department of Environment, Government of National Capital Territory of Delhi (GNCTD), District Magistrate, (North West), Delhi, Delhi Pollution Control Committee (DPCC) through Member Secretary and the Public Works Department (PWD) through Chief Engineer were impleaded as respondents no. 1 to 4 and notices were ordered to be issued to respondents no.1 to 4 requiring them to file action taken report with requisite details and supporting documents at least one week before the next date of hearing fixed.
9. Pursuant thereto, report dated 27.06.2025 was filed by DPCC. The relevant part of the report reads as under:-
"6. That, in compliance with the order dated 24.03.2025, a joint inspection was conducted by the Revenue Authorities and DPCC on 20.06.2025 at the roadside locations of Rampura, Rohtak Road, Delhi. During the inspection, the following observations:
a) Shops/juggies along with Service Road of Rohtak Road have been demolished by the Govt. of NCT of Delhi.
b) Only three four temporary structures having some statues have been found by the joint inspection team.
c) No statues are being manufactured by occupants. It is also submitted that no polluting activities have been noticed by the joint team.
Copy of the inspection report dated 20.06.2025 alongwith Geo-tagged photos taken from the inspection site are enclosed herewith as ANNEXURE-1.
7. That, subsequent to inspection, SDM(Sarawati Vihar) issued a letter on 23.06.2025 to the Public Works Department (PWD) interalia directing to take necessary action to address the issues observed during the inspection. Copy of the letter dated 23.06.2025 is enclosed herewith as ANNEXURE-2."
10. Vide order dated 02.07.2025, respondents no. 1, 2 and 4 were granted one month's time for filing compliance report and DPCC was also 3 directed directed to file further compliance/action taken report within one month.
11. In compliance of order dated 02.07.2025, report dated 08.08.2025 was filed by respondents no. 1 & 2 and reply dated 08.08.2025 was filed by respondent no. 4.
12. Report dated 08.08.2025 was filed by respondents no. 1 and 2. Relevant part of the report reads as under:-
"2. That a team comprising of Tehsildar/Executive Magistrate, Saraswati Vihar Sub-Division, District North-West and Junior Environmental Engineer, Delhi Pollution Control Committee, had carried out physical inspection of Service Road alongside Rampura and Rohtak Road, Delhi, near Ashok Park Main Metro Station, on 20.06.2025.
3. During the course of the said joint inspection it was observed that shops/jhuggis alongside the Service Road of Rohtak Road, near Ashok Park main Metro Station, had been demolished. Only three-four temporary structures having some statues were found by the joint inspection team. It is also submitted that no pollution activities were noticed by the Joint team The said report has already been placed on record of this Hon'ble Tribunal and taken note of in the last order dated 02.07.2025.
4. As already informed to this Hon'ble tribunal, PWD has been asked to take necessary action as per law.
5. It is further submitted that, the DPCC has also been appraised of the abovesaid position vide letter dated 30.07.2025. Copy of said letter dated 30.07.2025 is annexed hereto as Annexure-A."
13. Reply dated 08.08.2025 was filed by respondent no. 4- PWD, GNCTD. Relevant part of the reply reads as under:-
"2. That temporary and unauthorized Jhuggies have been constructed along the service road over footpath between Rampura Red Light to Bharat Petroleum Petrol Pump and they are mostly engaged in making of statues. Some latest photographs are annexed hereto as Annexure- "А"
3. In this regard, a request letter to remove the above unauthorized Jhuggies has been written to the SDM (Saraswati Vihar), STF Office, Old Middle School Building Complex, Room No. 1, Rampura, Delhi- 110035 vide this office letter no. 20(WR-21)/PWD M-112N/2025- 4 26/3671 dated 08.08.2025, copy whereof is annexed hereto as per Annexure-"B"
4. That after receiving direction from thŚDM (Saraswati Vihar), STE Office. Delhi, and after associating the Delhi Police and MCD, removal of the unauthorized Jhuggies shall be carried out forthwith without any delay."
14. Report dated 16.10.2025 was filed by respondent no. 4. Relevant part of the report reads as under:-
"2. That Rohtak Road near Rampura is maintained by Public Works Department, Delhi and certain temporary and unauthorized Jhuggies were constructed along the service road.
3. It is humbly submitted that these Jhuggies have now been demolished and removed by this office on 09.10.2025 with the help of Police Force. Photographs of the demolition drive are annexed hereto and marked as Annexure-А."
15. Vide order dated 10.09.2025, personal appearance of District Magistrate (North West), Delhi and SDM, Saraswati Vihar before this Tribunal physically or through V.C. was ordered and in compliance thereof, Ms. Soumya Saurabh, IAS, DM (North West Delhi) and Mr. Himanshu Yadav, SDM, Saraswati Vihar appeared before this Tribunal through V.C.
16. In the course of hearing, Mr. Himanshu Yadav, SDM, Saraswati Vihar has submitted that about 4 jhuggi owners requested the Hon'ble Chief Minister, Government of NCT of Delhi for relaxation on which the matter was referred to Delhi Urban Shelter Improvement Board (DUSIB) and DUSIB has issued direction to AE (West) PWD, WR 21, Delhi not to take any coercive action for removal of the remaining four jhuggis.
17. In the present case, we find the stand taken by different government authorities to be contradictory. The officials of DPCC on inspection of the site in question with concerned Revenue Officers have inter alia mentioned that no pollution activities have been noticed by the joint team whereas Executive Engineer, PWD, West Road-2, Division M-112 (N), Sainik Vihar, 5 New Delhi has written letter no. 20 (WR-21) / लो.नि.वि.मं. एम-112एि/ 2025 26/3671 dated 08.2025 to SDM, Saraswati Vihar that construction of unauthorized jhuggis is causing obstruction to cleaning of the drains and maintenance of footpath, service road, road and pedestrian subway and beautification/construction/restoration of the same.
18. We are prima facie satisfied that the present original application involves substantial questions relating to the environment arising out of the implementation of the enactments specified in Schedule I of the National Green Tribunal Act, 2010.
19. In the facts and circumstances of the case, we consider presence of the Delhi Urban Shelter Improvement Board (DUSIB) through Chief Executive Officer and also the four owners of the jhuggis to be essential for just and proper adjudication of the questions involved in the case. Accordingly, Delhi Urban Shelter Improvement Board (DUSIB) through Chief Executive Officer and also the four jhuggi owners- (1) Mr. Arun, s/o Rajkumar, Mobile No. 909891966645, (2) Arpan, S/o Mr. Balwan, Mobile No. 8744088865, (3) Mr. Monu, S/o Mr. Dharamvir, Mobile No. 8826821746 and (4) Ms. Baangro, W/o Mr. Rajkumar, Mobile No. 413950130568 of the jhuggis are impleaded as respondents no. 6 to 10.
20. The Registry is directed to amend the memo of parties accordingly and to issue notices to respondents no. 6 to 10.
21. Notices are ordered to be served on respondents no. 7 to 10 through District Magistrate, (North West), Delhi and for this purpose notices to them may be sent to the District Magistrate, (North West), Delhi by email for getting service of the same effected on them and sending his report in this regard to this Tribunal within 15 days.
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22. It may also be observed that report dated 16.10.2025 has been filed by respondent no. 4- Executive Engineer, Government of Delhi mentioning that the jhuggis have now been demolished and removed by PWD on 09.10.2025 is false to the extent that four jhuggis have neither been demolished nor removed.
23. We express strong displeasure for filing of false compliance report before this Tribunal. Even though, submission of such false report warrants strict action against the officer concerned and imposition of exemplary cost on concerned department but we are inclined to take a lenient view and close the matter with a warning to the concerned officers as well as the department that in case of any such suppression of material fact in future, we may be constrained to prosecute the concerned officers and also impose exemplary cost on the department for deterrent effect to preserve the purity of administration of environmental justice.
24. It may be observed here that the compliance report dated 16.10.2025 has been filed by Executive Engineer, Government of Delhi in the form of statement of facts and not by way of affidavit. The Registry is directed to reject any report filed by way of statement of facts without supporting affidavit and to ask the concerned officer/department to file the same by way of affidavit and to notify that in case of failure to file compliance report/response by way of affidavit, this Tribunal may be constrained to impose exemplary cost on the concerned officer/department.
25. In the facts and circumstances of the present case, we are also of the considered view that Government of NCT of Delhi cannot make any discrimination in the matter of demolition/removal of jhuggis by demolishing and removing jhuggis of some of them while permitting and protecting jhuggis of some others similarly placed as all of them have to be treated on the same footing 7
26. Respondent no. 1 is directed to file his response by way of affidavit as to the policy of Government of NCT of Delhi with respect to permissibility of jhuggis on vacant government land by the road sides and also rehabilitation policy of the encroachers who construct such jhuggis by the road sides or vacant government land.
27. Responses by way of affidavit by respondents no. 1, 6 and 7 to 10 may be filed within six weeks.
28. List on 23.01.2026 for further hearing.
29. A copy of this order may be forwarded to the Secretary, Department of Environment, Government of NCT of Delhi and the District Magistrate, (North West), Delhi by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM November 17th, 2025 M.A. No. in Disposed of Cases No. 36/2025 In Original Application No. 804/2024 AB 8