Order of the National Green Tribunal regarding encroachment of 6 ponds in village Mundka, Delhi, 02/12/2024
Order of the National Green Tribunal in the matter of Dr. Jeet Singh Yadav Vs Govt. of NCT of Delhi & Others dated 02/12/2024.
The matter related to restoration of 6 ponds in Delhi which have been occupied unauthorizedly or otherwise filled in by raising constructions.
In the order dated October 25, 2024 the tribunal noted that out of 6 ponds in dispute, 5 are in possession of Delhi Development Authority (DDA) and one is in possession of Delhi State Industrial and Infrastructure Development Corporation (DSIIDC). On October 25 a statement was made by the counsel appearing for DDA that for restoration of ponds which are in possession, steps have already been taken, process is undergoing and substantial progress will be achieved within a month and compliance report will be submitted. However, no compliance report has been submitted till date, the court pointed out.
From the record, it was seen that the last document placed on record by DDA is a short affidavit dated August 21, 2023. Thereafter, no status report has been filed.
Even on December 2, 2024 a statement has been made by the counsel appearing for DDA that work is in progress but when the court enquired about details, the required details could not be placed before the court. With regard to one pond which is in possession of DSIIDC, none was present before the court and no reply has been filed at all.
The applicant, Jeet Singh Yadav in his submission, November 7, 2024 stated that no restoration work is going on at the sites where ponds are situated and on the contrary, encroachment is still going on. He has said that at Guhli Talab recently a wall has been raised and rooms have been constructed which are surrounded by boundary walls and structure so raised is a religious place. Applicant sent a complaint to Sub-Divisional Magistrate in this regard also.
Applicant has further said that BSES Rajdhani Power Limited has also created a space for itself in the pond area by constructing a fenced room for raising the transformer but in this regard also no action has been taken by district authorities.
Under Wetlands (Conservation and Management) Rules, 2017, District Magistrate is the Chairperson of District Wetland Committee and it is his responsibility, besides others, to ensure that a water body is not damaged, encroached or degraded in any manner but it appears that in the present case no effective action has been taken by concerned authority and at least nothing has been placed on record to support the submission that steps have been or are being taken for restoration of ponds in question to their original status, the court said.
The NGT directed the personal appearance of Vice-Chaiman, DDA; District Magistrate, West Delhi; and Managing Director, DSIIDC before the tribunal on the next date, December 13, 2024.
In the meantime, the court said that the concerned authorities can place the steps taken by them for restoration / rejuvenation of the ponds to their original status.
A letter petition was sent by Jeet Singh Yadav resident of Mundka village, Delhi regarding illegal filling up of the ponds and conversion thereof to other uses for making new projects and grabbing the land. The applicant has in particular named Shangushar, Guga, Johdi, Guhli ponds which are stated to have already been filled and user whereof has been illegally converted.
The applicant has further mentioned that water from historic Shishuwala Talab is being drained out by using two pump sets for more than two months. Road is being constructed on pond land in the west and levelling of pond land is being done by dumping soil for changing land use of above said talab and grabbing the same.