National Green Tribunal
S R Sangar vs Govt. Of Nct Of Delhi on 5 May, 2022
Item No. 6 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
(By Video Conferencing)
Original Application No. 295/2022
S. R. Sangar Applicant
Versus
Govt. of NCT of Delhi Respondent
Date of hearing: 05.05.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Application is registered based on a complaint received by Post
ORDER
1. The grievances raised in the present Letter Petition sent by Mr. S.R. Sangar, Secretary General, Federation of Indraprasth Extention-II Housing Societies are that there are 13 neighborhood parks which have been transferred to the EDMC from the DDA. 473 borewells/tubewells have been closed by the Horticulture Department under orders of this Tribunal and letters number F/DJB/CE/SDW/S&E/2020/4089 dated 28.11.2020 and DOH/DDH/EDMC/2021/D-703 dated 02.03.2021 issued by Delhi Jal Board. The above said parks are located beyond 5 kms of the two STPs in Yamuna Vihar and Kondli and the claim of the EDMC that all these parks are within 5 kms of the 2 STPs is not correct. These parks are the lungs of the societies and closure of borewells/ tubewells has adversely affected the environment of the area in which AQI is high throughout the area. The applicant has accordingly prayed for restoration of the borewells/tubewells as a special exception for development and maintenance of the parks in the neighborhood. 1
2. In view of the averments made in the present letter Petition, it would be appropriate to have a factual and action taken report from a Joint Committee comprising of CGWA, DPCC, Commissioner, EDMC, Director Horticulture, Government of NCT of Delhi and Deputy Commissioner, East Delhi. The Joint Committee may meet within four weeks, undertake site visits, look into the grievances of the applicants and take requisite action by following due process of law. Factual and action taken report shall in particular cover the material aspects whether parks in question are situated within 5 kilometers of 2 STPs established; whether arrangements have been made for supply of treated sewage water for gardening in the above said parks; justification for closure of the tubewells/borewells and necessity for restoration of any of the tubewells/borewells inconformity with the directions given by Hon'ble Supreme Court and this Tribunal in similar matters. DPCC will be the nodal agency for coordination and compliance. Factual and action taken report may be furnished within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
List the matter for further consideration on 28/07/2022. A copy of this order, along with a copy of the complaint, be forwarded to CGWA, DPCC, Commissioner, EDMC, Director Horticulture, Government of NCT of Delhi and Deputy Commissioner, East Delhi by e- mail for compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM May 05, 2022 Original Application No. 295/2022 AG 2