National Green Tribunal
Aqeel Ahmed vs Govt Of Nct Of Delhi on 17 January, 2023
Item No. 2 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 26/2023
(I.A No. 04/2023)
Aqeel Ahmed & Anr. ...Applicant
Versus
Govt. of NCT of Delhi & Ors. ...Respondents
Date of hearing: 17.01.2023
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.
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 complaining that recently the respondents no. 5 to 8 in collusion and connivance with the officials/field staff started cutting/removing the trees standing on part of land comprised in khasra no. 138, situated at Village Okhla, Jamia Nagar, New Delhi. The said khasra (area measuring 5 bigah and 3 biswa) belongs to Zakir Hussain Trust and is a Green Belt area (also known as Naseem Bagh) which is densely covered with the trees and greenery since decades. The respondents no. 5 to 8 have illegally, without obtaining prior permission, cut the trees standing on the land measuring about 300 sq. yds. with the object to raise the construction over the same. Further, they have also, O.A No. 26/2023 Aqeel Ahmed & Anr. Vs. Govt. of NCT of Delhi & Ors. 2 by playing fraud and misrepresentation, got the building plan sanctioned despite the fact that they are neither the owner nor authorized to get the same sanctioned under the law. The respondent no. 5 to 8 started raising the constructions with projections on the subject property after illegally removing / cutting the trees about 15 in numbers standing over the said land and have raised the structure/construction with basement by covering the 100% area in violation and against the building bye laws and norms of the Delhi Municipal Act, 1957 Act. The respondents no.5 to 8 are under the process of cutting and removing further trees which were standing for several decades upon the subject land and the said act of respondents will adversely affect the environment and cause pollution. The applicants also made the written complaint to the SHO/respondent no.3 on 09.12.2022 and to respondent's no. 2 and 3 besides others on 15.12.2022 but no action has been taken against the illegal acts of the respondent no.5 to 8.
2. Prima facie, the averments made in the application raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010.
3. Notices alongwith copies of the application and documents attached therewith be issued to the respondents requiring them to file their response/reply to the allegations made in the application within two weeks from receipt of the notice by email at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
4. In view of the averments made in the application, we also consider it appropriate that a Joint Committee be constituted to verify the factual O.A No. 26/2023 Aqeel Ahmed & Anr. Vs. Govt. of NCT of Delhi & Ors. 3 position. Accordingly, we constitute a Joint Committee comprising of the Deputy Conservator of Forest (South) and the District Magistrate, (South) Delhi, and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and submit it report within three weeks by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. Office of the District Magistrate, (South) Delhi will be the nodal agency for coordination and compliance.
5. List for further consideration on 30.01.2023.
6. A copy of this order, along with a copy of the application and documents attached with the same, be forwarded to the Deputy Conservator of Forest (South) and the District Magistrate, (South) Delhi by e-mail for compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM January 17, 2023 AG