National Green Tribunal
Kamlesh Jonwal President Rwa vs Uday Punj on 31 August, 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.914/2022
With
Caveat Application No. 20/2022
Kamlesh Jonwal ...Applicant
Versus
Uday Punj & Anr. ...Respondents
Date of hearing: 31.08.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: Applicant in Person
Respondent: Ms. Madhumita Singh, Adv. for respondent no. 1
Ms. Kritika Gupta And Ms. Latika Malhotra, Advs. for
respondent no. 2.
Mr. Virendra Singh, Adv. for MCD with Mr. P.K.
Banerjee, DDH for MCD.
Mr. Jyoti Mendiratta, Advocate for respondents no. 3,4
and 5.
Application under the provisions of the National Green Tribunal Act, 2010
ORDER
1. Written submissions had been filed by respondent no. 1 and applicant vide separate emails dated 10.01.2023.
2. In its reply respondent no. 2-DDA had mentioned that Miscellaneous Application Diary No. 4543/2023 titled as Delhi Development Authority Vs. Satya Narain Prakash Punj for recall of order dated 21.08.2023 was pending before Hon'ble Supreme Court.
O. A. No. 914/2022 Kamlesh Jonwal vs. Uday Punj & Anr. -2-
3. Respondent no. 1 has filed copy of order dated 21.08.2023 passed by Hon'ble Supreme Court of India in Miscellaneous Application Diary No. 4543/2023 titled as Delhi Development Authority Vs. Satya Narain Prakash Punj which shows that the above said application has been dismissed by Hon'ble Supreme Court.
4. Vide order dated 12.01.2023 respondent no. 4- District Magistrate (South West), Delhi was directed to get the land in question demarcated through the concerned Revenue Officials after notice to the applicant, respondent no. 1 and officials of DDA and MCD.
5. On 11.05.2023 Mr. Hemant Kumar District Magistrate (South West), Delhi joined the proceedings through VC and sought time for verifying the factual position regarding receipt of copy of order dated 12.01.2023 in his office and its compliance and subsequently intimated that the area falls within the jurisdiction of the District Magistrate, New Delhi.
6. Vide order dated 11.05.2023 the District Magistrate, New Delhi was directed to get the land in question demarcated through the concerned Revenue officials after notice to the applicant, respondent no. 1 and officials of DDA and MCD but no report has been received from the District Magistrate, New Delhi.
7. The District Magistrate, New Delhi is again directed to get the land in question demarcated through the concerned Revenue officials after notice to the applicant, respondent no. 1 and officials of DDA and MCD and to send his report on or before 20.09.2023 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.
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8. List for further consideration on 21.09.2023.
9. In view of the facts and circumstance of the case, we also consider personal appearance of the officer not below the rank of Director duly authorised by the Vice Chairman, DDA and the officer authorised by the Commissioner, Municipal Corporation of Delhi and the officer not below the rank of SDM duly authorised by the District Magistrate, New Delhi on the next date of hearing to be essential for producing the relevant documents regarding compliance with environmental norms and assisting this Tribunal in just and proper adjudication of the questions involved in the case.
10. A copy of this order be sent to the Vice Chairman, DDA, Commissioner, MCD and District Magistrate, New Delhi by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 31st, 2023 AG