New Delhi
The National Green Tribunal (NGT) has directed authorities to explore bio-fencing and plantation around a pond in Delhi instead of constructing a permanent concrete boundary wall, observing that such walls can obstruct the natural flow of rainwater into the waterbody and contribute to its degradation.
The Tribunal also directed the authorities to identify all encroachments on the pond area and initiate eviction proceedings in accordance with law, while ensuring no demolition is carried out without following due process.
A bench comprising judicial member Justice Arun Kumar Tyagi and expert member A Senthil Vel passed the directions while hearing an execution application filed by Suresh Chand in relation to an earlier environmental matter concerning the pond.
The Tribunal was considering status reports filed by the Irrigation and Flood Control Department of the Delhi Government and the District Magistrate, South West Delhi.
The Tribunal observed that construction of a pucca permanent boundary wall, instead of protecting the pond, may obstruct the flow of rainwater and surface runoff from the catchment area into the pond, resulting in degradation and stagnation.
It suggested that authorities examine the feasibility of creating bio-fencing through plantation of shrubs and trees around the pond, noting that such measures would not only protect the waterbody but also improve aesthetics and help control air pollution.
It further said the pond should be cleaned periodically and authorities must ensure that no solid waste is dumped either into the pond or along its periphery. Appropriate warning display boards may also be installed at suitable locations.
Noting that funds have already been allocated and a portion of the boundary wall has been constructed, the Tribunal directed the authorities to consider bio-fencing and plantation on the remaining stretches wherever feasible.
It specifically directed the District Magistrate, South West Delhi, to involve the concerned Deputy Conservator of Forests (DCF) to undertake plantation during the ongoing monsoon season.
On the issue of encroachments, the Tribunal recorded that the status reports acknowledged the existence of encroachments over the pond area. It clarified that merely because the execution application is pending before the Tribunal does not authorise demolition without following the due process of law.
The respondents were directed to prepare a list of all encroachments and ensure that appropriate eviction proceedings are initiated against encroachers in accordance with law, subject to any orders passed by the Delhi High Court, Supreme Court or any other competent court.
The Tribunal also directed the filing of additional status reports at least one day before the next hearing, detailing further action taken, measures to prevent discharge of untreated sewage into the pond, and removal of solid waste from the pond and its periphery.
It expressed hope that the Municipal Corporation of Delhi (MCD) and the Delhi Jal Board (DJB) would extend necessary cooperation in implementing the remedial measures.
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The matter has been listed for further hearing on September 8. The Tribunal directed that a copy of the order be sent to the Commissioner, MCD, the Chief Executive Officer of the Delhi Jal Board, and the District Magistrate, South West Delhi, for information and compliance.