Partly allowed

Suresh Chand v. DM Kapashera

NGT9 May 2024IA No. 214/2024 in Original Application No. 815/2022

Case brief

AI extract

What is this about?

The Tribunal allowed an application for exemption from personal appearance and allowed impleadment of landowners. It directed respondents to immediately restore approximately 13 bighas 2 biswas of a free pond area, fill remaining parts with treated water, remove encroachments, and fence the periphery pending further hearing.

What did the court decide?

Allowed impleadment of Jai Prakash and Surender; directed restoration of 13 bighas 2 biswas pond area, filling with treated water, removal of passages, and fencing.

Suresh Chand vs DM Kapashera — Environment and Pollution | NGT (2024)

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(Court No. 2)

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Item No.06

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPALBENCH, NEW DELHI

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(Through Physical Hearing with Hybrid V.C. Option)

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Original Application No.815/2022 (I.A No. 214/2024, I.A No. 192/2024)

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Suresh Chand …Applicant

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Versus

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D.M. Kapashera & Ors. …Respondents Date of hearing: 09.05.2024

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER

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HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: Mr. Rahul Khurana and Mr. Hasil Jain, Advocates for Applicant alongwith Applicant in Person. Respondents: Ms. Jyoti Mendiratta Standing Counsel for GNCTD for DM (South West), Delhi. Ms. Nangyal Angmo, IAS, SDM, Kapashera. Mr. Varun N. Tehsildar and Mr. Sandeep N. Tehsildar and Mr. Shray Sachdeva, JE, I & FC. Ms. Puja Kalra, Standing Counsel for MCD. Mr. Narender Pal Singh Advocate for DPCC. Ms. Kritika Gupta, Advocate for DDA (through VC). Mr. Amreesh Sisiodia, Advocate for the Applicants in I.A. No. 192 of 2024.

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Application under the provisions of the National Green Tribunal Act, 2010.

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ORDER

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I.A. No. 214/2024

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I.A. No. 214/2024 has been filed by Mr. Lakshya Singhal, IAS, District Magistrate (South West) Delhi for exemption from personal appearance and Ms. Nangyal Angmo, IAS, SDM, Kapashera has appeared before this Tribunal through VC on his behalf.

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In view of the reasons mentioned I.A. No. 214/2024 is allowed and Mr. Lakshya Singhal, IAS, District Magistrate (South West) Delhi is exempted from personal appearance before this Tribunal today.

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I.A. No. 192/2024

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O. A. No.815/2022

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Suresh Chand Vs. D.M. Kapashera & Ors. -2-

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I.A. No. 192/2024 has been filed by Mr. Jai Prakash and Mr. Surender for their impleadment as respondents on the grounds of being owners of Khasra no. 112, 258 and 274 in village Kanganheri, suppression of material facts by the applicant and they (Mr. Jai Prakash and Mr. Surender) being necessary parties for adjudication of the questions involved.

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Reply dated 07.05.2024 to I.A. No. 192/2024 was filed by the applicant but learned counsel for the applicant has submitted that the applicant has no objection if the application is allowed.

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Other respondents also do not have any objection, if I.A. No. 192/2024 is allowed.

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In view of no objection and for the reasons mentioned I.A. No. 192/2024 is allowed and Mr. Jai Prakash and Mr. Surender are impleaded as Respondents No. 5 and 6. The registry is directed to amend the memo of parties.

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Reply/Responses may be filed by respondents no. 5 and 6 at least one week before the date of hearing hereby fixed.

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In the present case area of the pond in question measuring about 13 bighas 2 biswas out of total area of 13 bighas 10 biswas is stated to be free from any encroachment and restoration of the same cannot be allowed to be delayed on the ground of removal of encroachment from the remaining part thereof. The respondents are directed to take all requisite steps immediately for restoration of area measuring about 13 bighas 2 biswas as pond. The same be filled with treated water for the time being. Requisite steps be taken for its recharge during the forthcoming monsoon. Any passage falling in the above said area of 13 bighas 2 biswas be removed. Appropriate fencing may be made on the periphery of the pond to prevent any encroachment in the area thereof. Kacha Pathways/Bandh with appropriate gaps to allow filling of water and adequate plantation be made on periphery of the pond.

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Separate Action taken reports be filed by the respondents at least one week before the date of hearing hereby fixed.

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O. A. No.815/2022 Suresh Chand Vs. D.M. Kapashera & Ors. -3-

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List the matter for final hearing on 30.08.2024.

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Pleadings may be completed and reply/response may be filed by any of the respondents, who has not filed the same earlier, and rejoinder may be filed by the applicant to the same, if so desired, before that date.

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Arun Kumar Tyagi, JM

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Dr.Afroz Ahmad, EM

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May 09^th , 2024 P

Suresh Chand v. DM Kapashera

Case brief

What is this about?

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Suresh Chand v. DM Kapashera

Case brief

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