National Green Tribunal
Hari vs Govt. Of Nct Of Delhi & Ors on 7 December, 2022
Item No. 03 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 355/2022
Hari ...Applicant
Versus
Govt. of NCT of Delhi & Ors. ...Respondents
Date of hearing: 07.12.2022
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None.
Respondent: Ms. Puja Kalra, Advocate for MCD.
Ms. Jyoti Mendiratta, Advocate for DCF (South)
(through VC).
Application is registered based on a letter petition by Post
ORDER
1. The grievance in the present anonymous letter petition sent to this Tribunal in the name of Forest Guard, which has been treated and registered as Original Application is that Mr. Dharam Singh alias Doctor and 10 other persons have encroached upon land behind graveyard near Max Hospital, Saket, New Delhi and the above said persons have cut Neem, Babool, Peepal and other trees from the green-belt and have stored scrap material. They are also burning plastic, polythene bags and electricity wires which results in emission of poisonous gases causing air pollution.
2. Vide order dated 20.05.2022, this Tribunal constituted a Joint Committee comprising of the DPCC, Commissioner, Municipal Corporation, Delhi and DFO, New Delhi and directed the same to submit factual and O. A. No. 355/2022 Hari vs. Govt. of NCT of Delhi & Ors. -2- action taken report within two months. In compliance thereof report of the Joint Committee has been filed by DPCC vide email dated 18.10.2022.
3. In view of the averments in the application and observations in the report of the Joint Committee, we consider it appropriate to have response of (1) Government of NCT of Delhi through its Chief Secretary, (2) DDA through its Vice Chairman, (3) CEO, Delhi Waqf Board, (4) Commissioner, Municipal Corporation of Delhi, (5) Deputy Conservator of Forests (South), and (6) District Magistrate (South), Delhi, who stand impleaded as respondents No. 1 to 6. The Registry is directed to prepare and attach memo of parties with the application. Respondents No. 4 and 5 are already represented before this Tribunal through their counsel. Notices to respondents No. 1, 2, 3 and 6 be issued requiring them to file their reply/response within one month at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. Reply by respondents no. 4 and 5 be also filed as directed above.
4. List for further consideration on 31.01.2023.
5. In view of the facts and circumstance of the case, we consider personal appearance of the officer duly authorized by Vice Chairman, Delhi Development Authority, CEO, Delhi Waqf Board and Commissioner, Municipal Corporation Delhi, Deputy Conservator of Forests (South), and Deputy Commissioner (South), Delhi before this Tribunal on that date through VC to be essential for producing the relevant record and assisting this Tribunal in just and proper adjudication of the questions involved in the case and they are accordingly directed to remain present before this Tribunal through VC on that date.
6. A copy of this order be forwarded to Vice Chairman, Delhi Development Authority CEO, Delhi Waqf Board and Commissioner, O. A. No. 355/2022 Hari vs. Govt. of NCT of Delhi & Ors. -3- Municipal Corporation Delhi, Deputy Conservator of Forests (South) and Deputy Commissioner (South), Delhi by e-mail for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM December 07, 2022 AG