National Green Tribunal
Sunder Singh vs Govt. Of N.C.T. Of Delhi on 20 September, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Execution Application No. 13/2021
IN
Original Application No. 174/2014
(I.A. No. 213/2022)
Sunder Singh Applicant
Versus
State of NCT of Delhi & Ors. Respondent(s)
Date of hearing: 20.09.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Nivesh Sharma, Advocate for Applicant in E.A. 13/2021
Mr. Harvinder Singh, Advocate for Applicant in I.A. No. 213/2022
Respondent(s): Mr. Ajay Kumar, Chief Engineer with Ms. Sakshi Popli, Advocate for
DJB
ORDER
1. This application seeks execution of order dated 09.12.2016 directing removal of encroachment from water body, bearing Khasra No. 148 admeasuring 6 Bighas and 13 Biswas, Gram Sabha, Issarpur, Delhi. The operative part of the order is reproduced below:
"16. xxx ..................................xxx...................................xxx
1. We direct the Sub-Divisional Magistrate, Najafgarh Respondent No. 7, to remove encroachments, if any, and keep the existing pond 'Johad', measuring 4 Bighas; improve its cleanliness within a period of 3 months and eventually develop the water body into a reservoir. The 1 MCD North and the 'BDO' will render all necessary assistance to the SDM, Najafgarh.
2. The balance land measuring 2 Bighas and 13 Biswas may be retained as a community centre and a bus stop to be used by the public at large. However, to prevent further encroachment thereon, there should be proper boundary pillars so that the same acts as a deterrent against any further illegal encroachments.
3. We constitute a team consisting of the following to monitor the progress of revival of the 'Johad' in Issarpur.
(i) The Chief Executive Officer of Parks and Gardens, incharge of water bodies in the NCT of Delhi (or his representative)
(ii) An Officer who is of the level of Chief Engineer of Delhi Jal Board,
(iii) A Senior Officer of the Central Ground Water Authority.
This Committee would also ensure that both the 'Johad' and the community land, totally measuring 6 Bigha and 13 Biswas, be excluded from any residential/commercial infrastructure creation that may be planned in future so as to maintain the characteristics of the wetland, both in terms of their water holding capacity and their environmental role.
4. The Chief Engineer of DJB will preside over all meetings and give a report to the Tribunal every six months, of the progress made in this matter. The affidavit shall be filed by the Chief Engineer of the DJB. Funds from the existing environmental programmes of the Government for restoration of lakes and National Rural Employment Guarantee schemes can be made use of, for development of the water body at Issarpur.
5. No domestic sewage should be permitted to flow into the water bodies and any domestic sewage flowing into the tank should be diverted into the sewerage network or trapped by constructing individual septic tanks by the households. This shall be enforced in consultation with DJB."
2. Vide order dated 23.07.2021, the Tribunal sought a factual report from District Magistrate, South West and Chief Engineer, DJB.
3. Vide order dated 22.04.2022, the Tribunal considered the report of DJB dated 20.04.2022 acknowledging that encroachments still existed.
The Tribunal directed the removal of encroachments within one month.
Operative part of the order is reproduced below:
2"xxx ........................................xxx.................................xxx
4. From the above, it is seen that even though order was earlier passed by this Tribunal more than five years back which made provision about source of funds as well as accountability, the encroachment has still not been fully removed. Accordingly, the compliance may now be ensured within one month which will be responsibility of the Chief Engineer, DJB and SDM, Najafgarh. They are free to coordinate with any other higher responsible officer for ensuring compliance instead of avoiding the work, necessary for protection of the water body. They will be held accountable personally if non compliance continues."
4. Accordingly, DJB has filed compliance report on 13.07.2022 followed by further report dated 19.09.2022 filed by the SDM, Nazafgarh alongwith field report as follows:
"In compliance of Hon'ble NGT order dated 22.04.2022 in the matter of Surender Singh Vs State of NCT of Delhi and ORS, a demolition order vide no. SDM/NG/2022-23/3694 dated 03.09.2022 was issued by SDM(Najafgarh) for the demolition of encroached area of ISSAPUR JOHAD(Kh. No. 148).
In pursuance of demolition order dated 03.09.2022, a demolition drive was conducted in the presence of Tehsildar (Najafgarh), field staff of Tehsil Najafgarh, Halka Patwari(ISSAPUR) and Field Kanungo, MCD Officials, BSES Officials with the help of police force lead by S.H.O(Jaffarpur Kalan). At the site, the illegal construction as well as structures built on Kh. No. 148 whose demarcation was done in 2014 and Marking had been done by the TSM Surveyor on 03.06.2022. All illegal structures built on Kh. No. 148 were demolished with the help of JCB and the land (Kh. No. 148) has been vacated (photo enclosed)."
5. In view of above, no further order is necessary. The application is disposed of.
IA No. 213/2022This application has been filed by Risalo Devi for being impleaded as a party on the ground that she has title to the land from where encroachment is to be removed, on the basis of revenue record. Learned Counsel for the DJB submits that she filed civil suit and initially interim order was granted to her but later the same was vacated.
3We are of the view that only direction of this Tribunal is to remove encroachment from the water body, in terms of demarcation by the revenue authorities. If the applicant is aggrieved by the demarcation, her remedy is to challenge the said order, in accordance with law. The Tribunal has not determined as to who has title once the authorities have held the area to be part of water body and such decision has not been challenged at appropriate forum.
IA No. 213/2022 will stand disposed of accordingly.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM September 20, 2022 Execution Application No. 13/2021 IN Original Application No. 174/2014 (I.A. No. 213/2022) DV 4