Disposed

Surender Sharma vs

NGT5 Aug 2024Original Application No. 139/2024

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an original application alleging unauthorized tree cutting. After reviewing conflicting reports regarding site demarcation and tree presence, the Tribunal found no standing trees cut at the impugned location and terminated the matter.

What did the court decide?

Disposal of the original application as no cutting of trees was found on the specific site identified.

Surender Sharma vs — Environment and Pollution | NGT (2024)

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Court No. 2

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Item No.13

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No.139/2024

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Surender Sharma Applicant

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Versus

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Govt. of NCT of Delhi Respondent

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Date of hearing: 05.08.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant(s): None Respondent(s): Ms. Jyoti Mendiratta and Ms. Ananya Basudha, Advocates for GNCTD

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Mr. Narender Pal Singh, Advocate for DPCC

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ORDER

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Original application was registered exercising suo-moto jurisdiction on a letter petition dated 01.09.2023 sent by Surender Sharma S/o Late Chand Sharma, resident of House No.327, Asola, Fatehpur Beri, New Delhi.

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Complainant has said that in collusion with the employees of forest department, about 15 days back, Chetan Sharma S/o Shyam Dutt Sharma and Shyam Dutt Sharma S/o Prem Chand Sharma, residents of B-82, Saryoday Enclave, New Delhi cut about 15 green trees without any permission from the concerned forest department officials. The said trees were cut at khasra no. 742, form no.A-1, Guruji Bandh Road, Village Asola, New Delhi, though the Chief Secretary, GNCTD (2) Deputy Conservator of Forest (South) Delhi, (3) Delhi Pollution Control Committee through its Member Secretary, (4) District Magistrate (South) Delhi, (5) Cheetan Sharma S/o Shyam Dutt Sharma, R/o v-82 Sarvoday Enclave, New Delhi and (6) Sh. Shyam Dutt Sharma S/o Prem Chand Sharma R/o V-82 Sarovday Enclave, New Delhi, and issued notices to the said parties.

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Tribunal vide order dated 19.04.2024 also constituted a Joint Committee constituted by Tribunal comprised of Member Secretary, Delhi Pollution Control Committee (DPCC), Deputy Conservator of Forest (South), Delhi and District magistrate (South), Delhi. The said committee was required to visit the site, collect relevant information and submit factual report alteast one week before the next date.

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Tribunal vide order dated 19.04.2024 also constituted a joint committee to verify factual position and take appropriate remedial action. Joint committee constituted by Tribunal comprised of Member Secretary, Delhi Pollution Control Committee (DPCC), Deputy Conservator of Forest (South), Delhi and District Magistrate (South), Delhi. The said committee was required to visit the site, collect relevant information and submit factual report atleast one week before the next date.

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Two reports have been filed. One is dated 27.06.2024 by Sr. Environmental Engineer, Delhi Pollution Control Committee (hereinafter referred to as ‘DPCC’) stating that khasra no. 742 belongs to gram sabha and was handed over to Delhi Development Authority. However, there is no proper demarcation of the said khasra and it can be located only after demarcation which has not been done yet. Joint committee visited khasra no. 733 and forest department officials confirmed that khasra no.733 is under their possession. Forest department officials also informed that demolition drive was conducted on khasra no.733 on 17.01.2024 and on khasra no.733, no fallen trees were observed. Since the complaint is in respect of khasra no.742 and not khasra no.733, therefore, in our view, report of DPCC is of no consequence.

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However, another report dated 29.06.2024 has been filed by Dy. Conservator of Forest (South) stating that no tree cutting was found in the field when site was inspected on 07.05.2024. However, joint inspection report appended to the report of Dy. Conservator of Forest

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(South) shows that there was problem in locating khasra no.742 due to lack of demarcation and other observations are in respect of khasra no.733.

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In this backdrop, Tribunal observed that though the dispute was in respect of Khasra No.742 while the facts were stated in respect of Khasra No.733 and real disputed area was left out. Tribunal deprecated this attitude of officials of Forest Department and DPCC and directed them to submit a proper and correct report in respect of Khasra No.742 vide order dated 01.07.2024.

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pursuant thereto, a Compliance Report dated 25.07.2024 has been filed stating that the location of Khasra No.742 has been confirmed by Patwari, (representative of District Magistrate, South) and it has been found that there was no cutting of trees on the site as on date. Photographs have also been appended which does not show that trees have been cut on the above khasra no.742

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We accordingly, find that no further order is required to passed in the matter

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This Original Application is accordingly disposed of.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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August 05, 2024 Original Application No.139/2024 M

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Surender Sharma vs

Case brief

What is this about?

What did the court decide?

Surender Sharma vs

Case brief

What is this about?

What did the court decide?

What the court decided

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