Disposed

Birender Sangwan v. Ministry of Public Works Depatments

NGT25 Jan 2024Original Application No. 439/2023

Case brief

AI extract

What is this about?

The NGT disposed of an application alleging environmental damage to a DDA park due to construction activities. The tribunal directed respondents liable for wall damage to pay specific environmental compensation amounts and ordered reconstruction of the damaged walls.

What did the court decide?

Environmental compensation of Rs. 1 lakh and Rs. 3 lakh directed; reconstruction of damaged DDA park wall ordered; applicant awarded costs of Rs. 50,000.

Birender Sangwan vs Ministry of Public Works Depatments — Environment and Pollution | NGT (2024)

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(Court No. 2)

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Item No.6

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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(Through Physical Hearing with Hybrid VC Option)

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Original Application No. 439/2023

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IN THE MATTER OF:

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1. Birender Sangwan, S/o Sh. Rajpal Sangwan H.No. 53, Block-D-1, Sector-11, Rohini, Delhi-110085 Mob. No. 9811132018 …Applicant

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VERSUS

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1. PWD Delhi, Through its Chief Engineers, Indraprashta Marg, Near Ram Charan Aggarwal Chowk, Opp. Ito, Vikram Nagar, New Delhi, Delhi 110002. Email ID :- [email protected] Tel. no. :- 1800110093

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2. Forensic Science Laboratory,

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Madhuban Chowk, Bhagwan Mahaveer Marg, Sector -14 Rohini, Near Rohini Court, Delhi - 110085. Email ID :- forensicdelhi @gmail.com Tel. No. :- 011-27555811

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3. Tewatia Construction Private Limited,

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Flat No. 120B, Block A, Ashok Vihar Phase II, Delhi, New Delhi- 11005. Email ID :- [email protected] Tel. No. :-7042116477

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4. Delhi Metro (DMRC) Head Office,

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Metro Bhawan, Fire Brigade Lane, Barakhamba Road, New Delhi — 110001. Email ID :- [email protected] Tel. No. :- 011-23418408

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5. CCECC-KEC JV, 1" Floor RPG House, 463, Dr. Annie Besant Road, Worli Mumbai-400030. Also at: DMRC Project DC-01, Near Mundka Railway Station, Rani Khera, Delhi - 110041. Email ID :- [email protected] Tel. No. :- 022-666702000 Also at: CCECC-KEC JV

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors. -2-

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Max Wall Rd, C and D Block, Shalimar Bagh, Delhi, 110088.

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6. KEC International Pvt.,

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RPG House 463, Dr. Annie Besant Road, Worli Mumbai-400030. Email ID :- [email protected] Tel. No. :- 022-666702000 Also at 8th Floor Building No, 9A, DLF Cyber City,DLF BIENCE MALL, GURUGRAM Phase 2, Sector 24, Gurugram, Haryana-48.

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7. Deputy Commissioner of

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Municipal Corporation of Delhi, Sector-5, Rohini Delhi-110085. Email ID :- [email protected] Tel. No.:- 9999301391

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8. Gitarattan International Business School,

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Madhuban Chowk, Outer ring road Block-D, Sector 14, Rohini, Delhi-110085. Email ID :- [email protected] Tel. No.: 011-27555607

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9. Tecnia Institute of Advance Studies.

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3PSP, Institutional Area, Madhuban Chowk. Bhagwan Mahaveer Marg, Sector- 14 Rohini, Delhi -110085. Email ID :- [email protected] Tel. No. :- 8168081688

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10. Delhi Development Authority.

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Through its representative. Office at: DDA building. Madhuban Chowk , Delhi -110085. Email ID :- vcddadda.org.in Tel. No. :- 011-24697400 …Respondents

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Counsel for Applicant:

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None for the applicant.

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Counsel for Respondents:

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Mr. Shivam Tripathi and Mr. Dinesh Tripathi, Advocates for respondents No. 5 & 6. Ms. Puja Kalra, Advocate for respondent no. 7-MCD. Ms. Kritika Gupta, Advocate for respondent no. 10-DDA Mr. Kadu Ram Meena, Deputy Director (Horticulture) North West and Mr. Abhijeet, Additional Director, (Horticulture) North West, DDA. Ms. Jyoti Mendiratta and Ms. Ananya Basudha, Advocates for District Magistrate (North West), Delhi. Mr. M. Bharani, SDM and Mr. Prem Chand, Tehsildar Saraswati Vihar, (District North West), Delhi. Mr. Balendu Shekhar and Ms. Tanisha Samanta, Advocates for DPCC. Mr. Deepanshu Puri, JEE, and Mr. Dinesh Jindal Law Officer, DPCC.

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O. A. No. 439/2023

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Order dated :- 25.01.2024

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Birender Sangwan Vs. PWD, Delhi & Ors. -3-

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PRESENT:

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HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Application under Section 18(1) read with 14, 15, 16 and 17 of the National Green Tribunal Act, 2010.

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Judgment

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PRONOUNCED BY: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JM

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ORDER

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The applicant, a practicing lawyer and a social worker, has filed present application under Section 18(1) read with sections 14, 15, 16 and 17 of the National Green Tribunal Act, 2010 seeking the following reliefs:-

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“1. To direct the respondent no 1-6 to repair the wall of park and redevelop the park and also plant 100 tree of good quality in the park by each respondents and also plant grass in the park which has been destroy by the act of respondent no. Ito 6.

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And

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2. To direct the respondent no 4 to 6 to use water spray two times per day so that dust may be controlled or stopped from spread in air.

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And

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3. To direct the respondents no 1- 9 to cover the entire construction site with appropriate equipment in order to prevent the emission of the pollutants in the air.

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And

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4. To direct the respondents to use green cover or tarpaulin to completely cover all the construction material present on the construction site.

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And

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5. To direct respondent no.1 to 6 to reconstruct the boundary wall and redevelop the green belt/ park and also plant ten times the trees cut down or uprooted by them in the green belt mentioned above.

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And

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6. To pass an order to seal the borewell (underground water connection) constructed in the respective construction sites of respondent no.2-3 respondent no.9 and respondent no.8.

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And

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7. To direct the respondent no. 7 to remove all illegal and unauthorized construction done by respondent no 8 and 9.

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And

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8. To pass an order against the officer of respondent no.7 those are involved in the illegal and unauthorized construction of respondent no. 8 and 9.

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors. -4-

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And

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9. Impose the compensation/ fine of Rs. 50,000/- per default in relation to construction activity at the site of respondents no.1 to 9 and Rs. 5,000/- for each violation during carriage and transportation of construction material, debris through trucks or other vehicles, in terms of Section 15 of the NGT Act on the principle of Polluter Pay.

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And

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10. To pass any other further/alternate efficacious order(s)/relief(s)/direction(s), which this Hon'ble Court may deem fit and proper in view of the present facts and circumstances of the present case, so as to be the same in the interest of justice.”

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The applicant has submitted that respondents no. 1 to 3 are carrying out the construction work inside the Forensic Science Laboratory, Rohini. Respondents no. 4 to 6 have started construction work of metro line from Pitampura Metro Station to Haiderpur Badli Metro Station. Respondents no. 8 and 9 are carrying out the construction work on the sites at Tecnia Institute of Advance Studies and Gitarattan International Business School respectively. The above said project proponents are carrying out the construction without compliance with the directions issued by this Tribunal vide order dated 10.04.2015 passed in O.A. no. 21 of 2014 titled as “ Vardhaman Kaushik Vs. Union of India & Ors.” . Dust and other pollutant have been spreading in the vicinity of the construction site, due to noncompliance of the guidelines dictated and norms laid down by this Tribunal and other statutory authorities. The applicant has also complained that respondents no 1 to 6 have demolished the boundary wall of green belt and also cut down and uprooted the deep rooted trees to have easy access to the construction site for transportation of construction material. The workers of respondents no. 1 to 4 have made a kaccha path inside the green belt area and heavy lorries and trucks use that Kaccha path to load and unload the material at the site, which has turned the park/ green belt in to a barren land and due to regular movement of trucks on that kaccha path sand, dust and other minute pollutants get dispersed in the air causing problems to the

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors. -5-

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nearby people and advocates practicing in Rohini Court including the applicant.

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This Tribunal, vide order dated 05.07.2023, ordered issuance of notices to respondents no. 1 to 10 and constituted a Joint Committee with direction to submit its Factual and Action Taken Report on or before 24.08.2023. The relevant part of the order is reproduced below:-

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“3. Let notices alongwith copies of the application and documents attached therewith be issued to the respondents no. 1 to 10 requiring them to file their response/reply to the averments made in the application on or before 24.08.2023 by email at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.

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4. In view of the averments made in the application, we also consider it appropriate that a Joint Committee be constituted to verify the factual position and take appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of DPCC and District Magistrate (North West), Delhi and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponents, verify the factual position and take appropriate remedial action by following due course of law and giving opportunity of being heard to the project proponents. The DPCC will be the nodal agency for coordination and compliance.

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5. Factual and Action taken Report may be submitted on or before 24.08.2023 by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.”

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In compliance thereof reply has been filed by respondents no. 5 and 6 vide email dated 24.08.2023. In their reply respondents no. 5 and 6 have taken the objection as to the application being false and frivolous and no substantial question regarding environment being involved in the case. Respondents No. 5 and 6 are executing the work awarded by the Delhi Metro Rail Corporation Limited for construction/development of lines as mentioned in the contract properly by following all the rules and regulations issued by the Government of India as well as Delhi Government and various Departments/Authorities including rules and regulations issued by the Environmental Department and are complying with the order passed by this

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors. -6-

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Tribunal as well as MoEF Guidelines, 2010 and are already spraying water at sight, using only water tanker and mist Gun throughout the project length for controlling the dust. The every equipment deployed by respondents no. 5 and 6 is PUC certified and monitored and serviced regularly as per norms. respondents no. 5 and 6 are using Green Cover to cover the loose material to control the dust. Respondents no. 5 and 6 did not break any wall of the park belonging to DDA situated at Chamber Block, Rohini Court Complex as alleged by the applicant and respondents no. 5 and 6 are already doing tree transplantation work up as required under the agreement with DMRC. If any unintentional damage is caused to the Wall of the Park, during execution of work, respondents no. 5 and 6 are ready and willing to repair the same at their costs after the erection work is completed on that site. Respondents no. 5 and 6 have accordingly prayed for dismissal of the application.

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However, report of the Joint Committee was not filed on or before 24.08.2023 and vide order dated 01.09.2023 the Joint Committee was directed to file its report within two months.

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In compliance thereof Mr. Satender Kumar, Sr. Environmental Engineer, DPCC has filed status report along with copy of Joint Inspection Report vide email dated 13.11.2023. The relevant part of the report filed by Mr. Satender Kumar, Sr. Environmental Engineer, DPCC is reproduced below:-

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“STATUS REPORT ON BEHALF OF DELHI POLLUTION CONTROL COMMITTEE WITH RESPECT TO ORDER DATED 05.07.2023.

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X X X X

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3. That, in compliance of the order dated 05.07.2023 passed by this Hon'ble Tribunal, joint inspection of the site was carried out on 18.10.2023 by the representative of DPCC and Tehsildar (Saraswati Vihar). During the inspection it was observed that:

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors. -7-

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S. No.	Name and Address of the site	Name and contact details of the person present at the site	Observations
1.	Forensic Science Laboratory, Madhuban Chowk, Bhagwan Mahaveer Marg, Sector-14, Rohini, Near Rohini Court, Delhi-110085	No authorized/ Responsible person was present at the site	 During inspection building construction work found completed.  One stationary Anti- Smog Gun (ASG) in working condition found installed.  This site is registered on DPCC dust portal as the plot area of the site is more than 500 sqm and the provisions for compliance regarding dust emissions had already been communicated to them.  As enquired from Mrs. Aishwarya (AE Civil) PWD telephonically no trees were cut down for this project.
2.	Construction of metro line from Pitampura Metro Station to Haiderpur Badli Metro Station (Contractor: KEC International Pvt.)	Sh. Mukesh Chauhan (JE) (DMRC) 9971553770	 During inspection shuttering of column was going on.  Construction material was found covered.  Wind breaking wall/ Metro barricade were present.  As informed by the person present at the site mobile water sprinkler sprinkles the water near the site in two shifts i.e. morning and evening.  Traffic movement was observed smooth near the site during inspection.  DDApark wall was

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors. -8-

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			found broken during inspection and no information has been provided by contacted person regarding cutting of trees for the said site.
3.	Technia Institute of Advance Studies, 3 PSP, Institutional Area, Madhuban Chowk, Bhagwan Mahaveer Marg, Sector-14, Rohini, Delhi- 110085	Smt. Preeti Batra (Chief Academic Co- ordinator) 9250408934	 Building already completed and no construction activity found/observed at the said institute.
4.	Gitarattan International Business School, Madhuban Chowk, Outer ring road, Block-D, Sector-14, Rohini, Delhi-110085	Dr. Vikas Nath (Director) 93103 82077	 During inspection construction work was not going on and no construction activity observed. No construction workers were present at the site.  Wind breaking wall was provided at the construction site.  Sanction under clause 336 of Delhi Municipal Corporation Act, 1957 issued by MCD was submitted by the person present during joint inspection.

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Copy of the joint inspection report dated 18.10.2023 alongwith Geo-tagged & time-stamped photographs are enclosed herewith as ANNEXURE-1(Colly).

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5. That out of four sites, in two sites (Forensic Science Laboratory and Technia Institute) construction was over, as reported by the joint inspection team. In one project (Gitarattan International Business School) construction work was not going on and in fourth project (Construction of metro line) construction activity were going on with all precautionary measures as laid down by Ministry of Environment and Forest. Therefore

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors. -9-

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inspecting team not recommended any action against the project proponent.

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6. That joint inspecting team reported that DDA park wall was found broken and no information has been provided by contacted person regarding cutting of trees for the said site.”

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This Tribunal noticed the delay in submission of the report by the Joint Committee and vide order dated 28.11.2023 gave opportunity to the DPCC and the District Magistrate (North West), Delhi to explain the reasons for non-compliance with the orders passed by this Tribunal and show cause as to why exemplary costs be not imposed on them. This Tribunal also noticed deficiencies in the report filed by DPCC and directed the Joint Committee to visit the site in question again and submit its factual and action taken report and directed DDA to take remedial measures for proper maintenance of the part and reconstruction of boundary wall immediately on receipt of copy of the order. The relevant part of the order dated 28.11.2023 reads as under:-

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“…5. It may be observed that this Tribunal vide order dated 05.07.2023 directed the Joint Committee to meet within two weeks and submit factual and action taken report on or before 24.08.2023. The Joint Committee inspected the site on 18.10.2023 and submitted the report on 13.11.2023 in gross violation of the order passed by this Tribunal. Such noncompliance has not only caused unnecessary adjournment and delayed disposal of the case but also resulted in failure to take prompt action for remediation of environmental damage caused. The Joint Committee has not assigned any reasons for delay in inspection of the sites in question. The DPCC and District Magistrate (North West) Delhi ignored the orders passed by this Tribunal regarding meeting of the Joint Committee within two weeks and submission of the report on or before 24.08.2023 and by their inaction allowed environmental damage to continue for longer periods without any assessment of the magnitude thereof and without taking any remedial steps in discharge of the statutory obligation to protect and improve the environment. Such non-compliance with order passed by this Tribunal deserves to be visited with exemplary costs. However, before passing order in this regard, the DPCC and District Magistrate (North West), Delhi are given opportunity to explain the reasons for non-compliance with the orders passed by this Tribunal and show cause as to why exemplary costs be not imposed on them.

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6. In the Joint Inspection Report, Shri Deepanshu Puri, JEE, DPCC and Shri Prem Chand, Tehsildar, Saraswati Vihar, who

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors. -10-

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were nominated as Members of the Joint Committee, have made general and vague observations and merely reported that construction work of Forensic Science Laboratory and Technia Institute of Advance Studies had been completed without mentioning when the same was started and completed. The Joint Committee has reported that the construction work of Gitarattan International Business School was not going on at the time of inspection but the Joint Committee has not mentioned as to what was the stage of construction and whether any construction remained to be made. In the Joint Inspection Report the Joint Committee has merely reported that the DDA park wall was broken and no information was provided by the contacted person regarding cutting of trees from the said site. The Joint Committee did not obtain any documents regarding the park in question from DDA, did not carry out any measurements of the boundary wall broken and did not make any observation regarding maintenance status of the park. In these facts and circumstances the Joint Committee is directed to visit the site in question again and submit factual and action taken report with respect to all relevant aspects.

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7. In the present case there are serious grievances regarding damage to DDA park caused by breaking of the boundary wall, illegal cutting of trees and encroachments by parking of cars. Notice of the application was given to DDA but none appeared on behalf of the DDA on the previous date and none has appeared on behalf of the DDA even today.

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8. DDA is directed to take remedial measures for proper maintenance of the park and reconstruction of the boundary wall immediately on receipt of a copy of this order

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9. Report by the Joint Committee, replies by the Member Secretary, DPCC and District Magistrate (North West), Delhi and Action Taken Report by DDA be filed on or before 20.01.2024 through E-filing portal (not through E-mail) in the form of searchable PDF/OCR Support PDF (not in the form of Image PDF).

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10. List for further consideration on 22.01.2024.

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11. In view of the facts and circumstance of the case, we also consider personal appearance of the Shri Deepanshu Puri, JEE, DPCC and Shri Prem Chand, Tehsildar, Saraswati Vihar and Director, Horticulture, DDA on the next date of hearing to be essential for producing the relevant record and assisting this Tribunal in just and proper adjudication of the questions involved in the case. Accordingly they are directed to remain present before this Tribunal on that date with the relevant record….”

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In compliance thereof status report along with copy of the Joint Inspection report dated 2012.2023 has been filed by Dr. K.S. Jayachandran, Member Secretary, DPCC vide email dated 16.01.2024 and report has also been filed by DDA vide email dated 24.01.2024. However, no explanation/report has been filed by District Magistrate (North West), Delhi.

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors. -11-

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The relevant part of the status report filed by Dr. K.S. Jayachandran, Member Secretary, DPCC vide email dated 16.01.2024 is reproduced below:-

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“ STATUS REPORT ON BEHALF OF DELHI POLLUTION CONTROL COMMITTEE WITH RESPECT TO ORDER DATED 28.11.2023.

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IT IS MOST RESPECTFULLY SHOWETH:

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1. That, this matter was taken up by this Hon'ble Tribunal on 05.07.2023 and was pleased to constitute Joint Committee comprising of DPCC and District Magistrate (North West) to verify the factual position and take appropriate remedial action against the construction work which are being carried out by:

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(a) Forensic Science Laboratory,

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(b) Metro line from Pritampura Metro Station to HaiderpurBadli Metro Station,

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(c) Tecnia Institute of Advance Studies, and

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(d) Gitarattan International Business School.

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2. That in compliance of the order dated 05.07.2023 which was later on reiterated vide order dated 01.09.2023, DPCC led joint committee filed the status report through email on 13.11.2023 which is also available on the records of this Hon'ble Tribunal.

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3. That on the issue of non filling of report, on or before 24.08.2023 and by their inaction allowed environmental damage to continue for longer periods without any assessment of the magnitude thereof. It is duly submitted that answering respondent DPCC couldn't file the report inadvertently in compliance of the order dated 05.07.2023 because of the reason that same couldn't come in the knowledge of concern officer. As, upon self scrutinizing and reassessing the non compliance of DPCC, inadvertently mistake took place. DPCC sincerely apologize for not responding this Hon'ble Tribunal's order dated 05.07.2023 in time bound manner. It is specifically submitted that that there is no intentional delay or favoritisms on the part of DPCC or its employee.

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4. That seeing the seriousness of the matter, upon knowing the order by DPCC on 13.09.2023, DPCC filed the report dated 13.11.2023. Accordingly, Hon'ble Tribunal while hearing dated 28.11.2023 considered the said report dated 13.11.2023 filed by DPCC.

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5. That, in compliance of the order dated 28.11.2023 passed by this Hon'ble Tribunal, joint inspection of the site was carried out on 20.12.2023 by the nominated members of Joint Committee along with the officials of concerned agencies. Copy of the joint inspection report dated 20.12.2023 alongwith Geotagged & time-stamped photographs are enclosed herewith as ANNEXURE-1(Colly). Following are the observations:

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S.	Name and Address of	Name and	Observations
_No, _	the site	contact details Of the person present at the site
1.	Forensic Science	 Sh. Prateek	 The building was
	Laboratory,	Tewatia	completed and under
	MadhubanChowk,	(Contractor)	hand over stage for
	BhagwanMahaveer	7042116477	utilisation by Forensic

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors.

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-12-

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	Marg, Sector-14, Rohini, Near Rohini Court, Delhi- 110085.	 Mrs Aishwarya (AE Civil) PWD 9650646564	Science Laboratory.  The PWD officials informed to the joint inspection team that: Date of start of Project:03.01.2020 Date of completion of project:27.10.2023. *(Annexure-2)  The Contractor (M/s* Tewatia Constructions -who executed the project) informed that they have followed the*dust* *control measures* *during the* *construction* *phase*and also provided some photographs of the site (during the phase, when the site was under construction) to the joint inspection team *(Annexure-3).*  The inspection report was signed by PWD Officials.
2.	Construction of m e t r o l i n e f r o m Pitampura Metro Station to HaiderpurBadli Metro Station (Contractor: KEC International Pvt. Ltd. )	 Sh. Lokesh Swami (EE) (DMRC) 8826009399  Sh. VikashSinghal (Sr. DGM/Env) (DMRC) 9958786027  Sh. Suni Sharma (KEC) Project Manager	 The stretch i.e. Haiderpur Badli Mor and Pitampura is approx. 3.6 km. During inspection, one static and one truck mounted (Mobile) anti smog gun was in operation. Additionally, manual sprinkling of water was being done on site.  DM RC is hav i ngpermission to fell/transplant trees in their right of way (ROW) from present location, which is part of the project i.e. Janakpuri West to Derawal Nagar, from Deputy Conservator Forest (North-Division). *(Annexure-4)*  Construction material found covered at the site during inspection.  No traffic congestion observed near the site during

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors.

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-13-

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			inspection.  Total length of the DDA park under consideration: Boundary wall=180m  Damaged length=136.1m  DDA wall damaged due to DMRCconstruction work=105.5m  DDA wallbroken/damaged due to alternate approach road to Forensic Science Lab for the purpose to create emergency exit =30.6m  DMRC officials Informed that the DDA wall damaged due to Metro Construction work will be restored by DMRC after the completion of Metro Construction work at the site.  The inspection report was signed by DMRC Officials.
3.	Technia Institute of Advance Studies, 3 PSP, Institutional Area, MadhubanChowk, BhagwanMahaveer Marg, Sector-14, Rohini, Delhi- 110085	 Dr Ajay Kumar Rathore (Director) Technia Institute  Sh. Ghanshyam Meena (AE) MCD 9650798653  Sh. Paramjeet (JE) MCD 9560106623	 The building is being used for institutional purpose by Tecnia Institute of Advanced Studies which is a private college affiliated with Guru Gobind Singh Indraprastha University.  During inspection, Dr Ajay Kumar Rathore provided a document issued by North Delhi Municipal Corporation dated 30.05.2019. In the document it is mentioned that: "...the said property was constructed in phase manner i.e. during 2002 to May 2007 and during 2015-17.... ". *(Annexure- 5)*  Dr Ajay Kumar Rathorespecifically Informed that no Construction was made in thepremises after

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors.

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-14-

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			Covid-19.  The inspection report was signed by Dr Ajay Kumar Rathore.
4.	Gitarattan International Business School, MadhubanChowk, Outer ring road, Block-D,Sector-14, Rohini, Delhi- 110085	 Dr.VikasNat (Director) 9310382077  Sh. Muninder (Site Engineer of the Contractor)  Sh. GhanshyamMeena (AE) MCD 9650798653  Sh. Paramjeet (JE) MCD 9560106623	 The building is being used for institutional purpose by Gitarattan International Business S choolwhich is a private college affiliated with Guru Gobind Singh Indraprastha University.  The institution was Established in the year 2004.  During inspection erection/ alteration of existing building structure was in- progress.  Construction work started after getting permission/sanction building plan from MCD as informed by Prof. VikasNath (sanctioned by MCD on 22.05.2022 and valid till 23.05.2027). As informed by Prof. VikasNath, 75% construction work is remaining.  During inspection, water sprinkling was carried out at the site, breaking wall was provided, and construction material found covered.  The inspection report was signed by Dr Vikas Nath and Sh Muninder
5	DDA Park on back side of Forensic Science Laboratory	 Sh. Abhijeet (Assistant Director) DDA Horticulture 8295341032  Sh. Kulpriya (AE) Civil DDA  Sh. Vikas (Forest Department- GNCTD)	. .  No illegal parking was observed during inspection.  Plantation and grassing work was going on in the Park.  Manual sprinkling of water inside the Park was observed.  Footpath/Pedestrian of DDA Park found damaged. Length of

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors. -15-

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7497805956		damaged
		pedestrian=8.5m
		DDA Park wall
		broken/damaged due
		to construction of alternate approach
		road to Forensic
		Science Lab for
		Emergency exit
		purpose=30.6m
		During inspection of
		the entire DDA park,
		there is no evidence
		of cutting of trees/
		cutting of branches of
		trees. However as
		informed by the
		officials of Forest
		Department and
		DDA Horticulture only
		trimming of branches
		of trees for regular
		maintenance of park
		is being done.
		The inspection
		report was signed by
		DDA Officials.

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6. That regarding earlier filed report, it is submitted that Joint Committee inspected the site on 18.10.2023 and submitted its report on 13.11.2023, after due approval on file.

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7 That, on the issue of imposition of cost on DPCC or its employee, it is most respectfully submitted that the delay in filling the report is unintentional, in view of the circumstances as stated herein above. The order passed by this Hon'ble Tribunal dated 05.07.2023 could not be complied due to inadvertent mistake. Subsequent order dated 01.09.2023 could only be received on 13.09.2023, upon which urgent necessary action was taken and report was filed. However, in future, such kind of delay shall surely be avoided with utmost due care.

¶138

8. It is therefore requested to this Hon'ble Tribunal that the present action taken report may kindly be taken on record.”

¶139

The relevant part of the report filed by DDA vide email dated

¶140

24.01.2024 is reproduced below:-

¶141

“ STATUS REPORT ON BEHALF DELHI DEVELOPMENT AUTHORITY (DDA)

¶142

Most respectfully showeth:

¶143

1. That the present Status Report is being filed under instructions of and with the approval of Director (Horticulture) NW, Deputy Director (HD-V) and AD II (Horticulture) of Respondent/DDA.

¶144

2. That the present report is about the Green Belt, Sector14, Rohini along with Outer Ring Road (from Madhuban Chowk to Prashant Vihar), referred to as the DDA park in the Report of

¶145

O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors. -16-

¶147

the Joint Committee dated 13-11-2023 filed before the Hon’ble Tribunal in this matter.

¶148

3. That this park is under the jurisdiction and maintenance of DDA. The park is regularly watered and due maintenance is undertaken of the park as well as the green area therein. Some photographs showing the maintenance of the park are annexed herewith as Annexure R1.

¶149

4. That due to ongoing construction by the DMRC in the neighbouring area, a part of the boundary wall of DDA Park (i.e. 105.5 meters out of 180 meters) was damaged by the DMRC. The DDA has approached the DMRC to repair the damage made to the boundary wall of the DDA Park expeditiously. The DMRC has assured DDA that the damaged wall will be repaired upon completion of the construction work for the metro line. A reminder written to the DMRC on 18-12-2023 is annexed herewith as Annexure R2.

¶150

5. That in the meanwhile, the DMRC has put up barricades in places where the boundary wall is damaged. Photographs showing the barricading are annexed herewith as Annexure R3. 6. That another part of the wall (i.e. 30.6 meter out of 180 meter) was damaged to provide alternate approach road to the Forensic Science Laboratory, Rohini for emergency exit purposes. It is also of note that this 30.6 meter of boundary wall has been constructed by the DDA. Photograph showing repaired 30.6 meter boundary wall is annexed herewith as Annexure R4.

¶151

7. That a joint inspection was carried out in presence of AD (Horticulture) DDA, Forest Department (GNCTD), AE (C) DDA and JE (DPCC) on 20-12-2023 of the DDA Park and some of the following observations were recorded –

¶152

a. Regular sprinkling of water is undertaken in the park

¶153

b. No illegal parking was observed in DDA Park during the inspection

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c. During the inspection, plantation and grassing work was observed

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d. Regular plantation work is undertaken by DDA in the park

¶156

e. No evidence of cutting of trees/ branches was found at the time of inspection. True Copy of the Inspection Report dated 20-12-2023 is annexed herewith as Annexure R5.

¶157

8. That during the joint inspection, damage was observed in the footpath (8.5 meter) surrounding the park, which now stands repaired. The photograph of the repaired footpath taken on 19¬01-2024 is annexed herewith as Annexure R6.

¶158

9. That it reiterated that no trees have been cut in this park by the DDA. There have been 101 numbers of trees in the park since 2023.

¶159

10. That it is reiterated that the Respondent/DDA is committed to the cause of creating, protecting and maintaining green covers in the area under its jurisdiction, and is undertaking that all necessary steps and actions in pursuance thereof. The Respondent/ DDA tenders its unconditional apology for the inadvertent delay in filing of this Status Report on account of departmental exigencies.”

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors. -17-

¶162

We have heard the applicant and learned Counsel for the respondents and gone through the relevant records carefully.

¶163

It may be observed at the very outset that present original application alleging raising of construction by respondents no. 1 to 9 in violation of environmental norms/directions issued by Hon’ble Supreme Court, this Tribunal and other statutory authorities and causing of damage to park and illegal cutting/uprooting of trees was filed on 22.06.2023 and was listed for hearing on 05.07.2023. This Tribunal vide order dated 05.07.2023 directed the Joint Committee to meet within two weeks and submit factual and action taken report on or before 24.08.2023. The Joint Committee did not comply with said order and in compliance of subsequent order inspected the site on 18.10.2023 and submitted the report on 13.11.2023. Such non-compliance not only caused unnecessary adjournment and delayed disposal of the case but also resulted in failure to take prompt action for remediation of environmental damage caused. The Joint Committee did not assign any reasons for delay in inspection of the sites in question. The DPCC and District Magistrate (North West) Delhi ignored the orders passed by this Tribunal regarding meeting of the Joint Committee within two weeks and submission of the report on or before 24.08.2023 and by their inaction allowed environmental damage to continue for longer periods without any assessment of the magnitude thereof and without taking any remedial steps in discharge of the statutory obligation to protect and improve the environment. This Tribunal being of the view that such non-compliance with order passed by this Tribunal deserves to be visited with exemplary costs gave the DPCC and District Magistrate (North West), Delhi opportunity to explain the reasons for non-compliance with the orders passed by this Tribunal and show cause as to why exemplary costs be not imposed on them. In status report filed vide email dated 16.01.2024 Dr. K.S. Jayachandran, Member Secretary, DPCC has submitted that DPCC could

¶164

Birender Sangwan Vs. PWD, Delhi & Ors. -18-

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O. A. No. 439/2023

¶166

not file the report inadvertently in compliance of the order dated 05.07.2023 because of the reason that same could not come in the knowledge of concerned officer and there was no intentional delay or favoritisms on the part of DPCC or its employee. The Member Secretary, DPCC has also tendered his sincere apology for not responding to this Tribunal’s order dated 05.07.2023 in time bound manner. The apology is accepted with direction that appropriate instruction be issued for ensuring strict compliance by DPCC with orders passed by this Tribunal while cautioning that in case of any such non-compliance in future exemplary costs may be imposed on the DPCC.

¶167

However, the District Magistrate (North West), Delhi has not submitted any explanation. Absence of any plausible explanation for non-compliance with order dated 05.07.2023 passed by this Tribunal, warrants imposition of exemplary costs on the District Magistrate (North West), Delhi for noncompliance with the order passed by this Tribunal but we take a lenient view and refrain from doing so. Yet we convey our displeasure for such noncompliance which constitutes a serious dereliction of duties on his part.

¶168

No objections have been filed against the status report dated 15.01.2024 and Joint Inspection Report dated 20.12.2023 which are, therefore, accepted.

¶169

It is evident therefrom that the Joint Committee did not find any violation of the directions issued by Hon’ble Supreme Court, this Tribunal and other statutory authorities for compliance in execution of construction projects.

¶170

However, the Joint Committee found that DDA Park Wall was damaged by respondents no. 1 to 6.

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors. -19-

¶173

17. In Bangalore Medical Trust v. B.S. Muddappa, (SC) 1991(4) SCC 54

¶174

Hon'ble Supreme Court observed as under:-

¶175

"24. Protection of the environment, open spaces for recreation and fresh air, play grounds for children, promenade for the residents, and other conveniences or amenities are matters of great public concern and of vital interest to be taken care of in a development scheme. It is that public interest which is sought to be promoted by the Act by establishing the BDA. The public interest in the reservation and preservation of open spaces for parks and play grounds cannot be sacrificed by leasing or selling such sites to private persons for conversion to some other user. Any such act would be contrary to the legislative intent and inconsistent with the statutory requirements. Furthermore, it would be in direct conflict with the constitutional mandate to ensure that any State action is inspired by the basic values of individual freedom and dignity and addressed to the attainment of a quality of life which makes the guaranteed rights a reality for all the citizens. 1. See Kharak Singh v. The State of U. P., (1964) 1 SCR 332 ; Municipal Council, Ratlant v. Shri Vardhi.chand, (1981) 1 SCR 97; Francis Coralie Mullin v. The Administrator, Union Territory of Delhi, (1981) 2 SCR 516; Olga Tellis v. Bombay Municipal Corporation, (1985) 3 SCC 545; State of Himachal Pradesh v. Umed Ram Sharma, AIR 1986 Supreme Court 847 and Vikram Deo Singh Tomar v. State of Bihar, AIR 1988 Supreme Court 1782. 25. Reservation of open spaces for parks and play grounds is universally recognized as a legitimate exercise of 'statutory power rationally related to the protection of the residents of the locality from the ill-effects of urbanisation.*2 2. See for e.g. : - Karnataka Town and Country Planning Act, 1961; Maharashtra Regional and Town Planning Act, 1966; Bombay Town Planning Act, 1954; The Travancore Town and Country Planning Act, 1120; The Madras Town Planning Act, 1920; and the Rules framed under these Statutes; Town and Country Planning Act, 1971 (England and Wales); Encyclopaedia Americana, Volume 22 page 240; Encyclopaedia of the Social Sciences, Volume XII at page 161; Town Improvement Trusts in India, 1945 by Rai Sahib Om Prakash Aggrawala, p. 35 et. seq; 'Halsbury's Statutes, Fourth Edition, p. 17 et. seq. and Journal of Planning and Environment Law, 1973 p. 130 et. seq. See also: Penn Central Transportation Company v. City of New York, (1978) 57 Law Ed 2d 631 438 US 104; Village of Belle Terre v. Bruce Boraas, (1974) Law Ed 2d 797 : 416 US 1; Village of Euclid v. Ambler Realty Company, (1926) 272 US 365; Halsey v. Esso Petroleum Co. Ltd., (1961) 1 WLR 683. 26. In Agins v. City of Tiburon, (1980) 447 US 255, the Supreme Court of the United States upheld a zoning ordinance which provided....it is in the public interest to avoid unnecessary conversion of open space land to strictly urban uses, thereby protecting against the resultant impacts, such as.... pollution,.... destruction of scenic beauty, disturbance of the ecology and the environment, hazards related to geology, fire and flood, and other demonstrated consequences of

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O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors. -20-

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urban sprawl'. Upholding the ordinance, the Court said:- ...The State of California has determined that the development of local open-space plans will discourage the "premature and unnecessary conversion of open-space land to urban uses". The specific zoning regulations at issue are exercises of the city's police power to protect the residents of Tiburon from the ill-effects of urbanization. Such governmental purposes long have been recognised as legitimate. The zoning ordinances benefit the appellants as well as the public by serving the city's interest in assuring careful and orderly development of residential property with provision for openspace areas..." 3. See comments on this decision by Thomas J Schoenbaum, Environment Policy Law-1985p. 438 et.seq. See also summary and comments, (1980) 10 ELR 10125 et. seq.

¶179

27. The statutes in force in India and abrodd reserving open spaces for parks and play grounds are the legislative attempt to eliminate the misery of disreputable housing condition caused by urbanisation. Crowded urban areas tend to spread disease, crime and immorality. As stated by the U. S. Supreme Court in Samuel Berman v. Andrew Parker, (1954) 99 Law Ed 27: 348 US 26:- "...... They may also suffocate the spirit by reducing the people who live there to the status of (Per Douglas, J.).

¶180

28. Any reasonable legislative attempt bearing a rational relationship to a permissible state objective in economic and social planning will be respected by the Courts. A duly approved scheme prepared in accordance with the provisions of the Act is a legitimate attempt on the part of the Government and the statutory authorities to ensure a quiet place free of dust and din where children can run about and the aged and the infirm can rest, breath fresh air and enjoy the beauty of nature. These provisions are meant to guarantee a quiet and healthy atmosphere to suit family needs of persons of all stations. Any action which tends to defeat that object is invalid. As stated by the U. S. Supreme Court in Village of :Belle Terre v. Bruce Boraas, (1974) 39 Law Ed 2d 797 :416 US 1 :-

¶181

"....The police power is not confined to elimation of filth, strench, and unhealth places. It is ample to lay out zones where family values, youth values, and the blessings of qyite seclusion and clean air make the area a sanctuary for people." See also Village of Euclid v. Ambler Realty Company, (1926) 272 US 365. See the decision of the Andhra Pradesh High Court in T. Damodhar Rao v. The Special Officer, Municipal Corporation of Hyderabad, AIR 1987 Andhra Pradesh 171. "

¶182

In the present case the Joint Committee found that the DDA Park Wall measuring 30.06 meter was broken/damaged due to alternate approach road to Forensic Science Lab for the purpose of creating emergency exit while DDA Park Wall measuring 105.5 meters was broken/damaged in the course of execution of work of construction of metro line from Pitampura Metro Station

¶183

O. A. No. 439/2023

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Birender Sangwan Vs. PWD, Delhi & Ors. -21-

¶185

to Haiderpur Badli Metro Station and the DDA Park Foot Path measuring 8.5 meters was also damaged. The DDA Park Wall measuring 30.06 meters has already been reconstructed by DDA. Damaged Foot Path measuring 8.5 meters has also been repaired by DDA. Respondents no. 5 and 6 have undertaken to reconstruct DDA Park Wall measuring 105.5 meters on completion of the Project.

¶186

In the present case respondents no. 1 to 3 and respondents no. 4 to 6 are liable to pay environmental compensation for damage caused to environment due to demolition of the DDA Park Wall and consequent damage to greenery in the park besides costs of reconstruction of the DDA Park Wall and restoration of the greenery in the part affected. While the cost of reconstruction of the DDA Park Wall can be accurately calculated but there is no specific calculation method available for assessment of environmental compensation for damage thereby caused to the environment. In view of the facts and circumstances of the case by making general assessment, respondents no. 1 to 3 are directed to pay amount of Rs. 1,00,000/- (Rs. One Lakh Only) as environmental compensation for damage caused to environment due to demolition of DDA Park Wall measuring 30.06 meters and respondents no. 4 to 6 are directed to pay amount of Rs. 3,00,000/- (Rs. Three Lakh Only) for damage caused to environment due to demolition of DDA Park Wall measuring 105.5 meters, besides reimbursement of the cost of reconstruction of the DDA Park Wall/reconstruction of the DDA Park Wall at their cost. The environmental compensation be deposited within four months with DPCC which may be utilized in accordance with directions of this Tribunal in this regard.

¶187

It may be observed there that the Joint Committee inspected the DDA park on 20.12.2023. The Joint Committee found that plantation and grassing work was being done by DDA in the above said park. The Joint

¶188

Birender Sangwan Vs. PWD, Delhi & Ors. -22-

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O. A. No. 439/2023

¶190

Committee also observed the manual sprinkling of water in the above said park.

¶191

In compliance of order dated 28.11.2023, Mr. Kadu Ram Meena, Deputy Director (Horticulture), North West, Mr. Abhijeet, Additional Director, (Horticulture), North West, DDA, Mr. M. Bharani, SDM, Mr. Prem Chand, Tehsildar Saraswati Vihar, (District North West), Delhi, Mr. Deepanshu Puri, JEE and Mr. Dinesh Jindal Law Officer, DPCC have appeared before this Tribunal and stated that requisite remedial measure for restoration and proper maintenance of the park have been taken.

¶192

In the course of hearing the applicant also joined the proceedings and has shown through video call and also acknowledged that requisite remedial measures for restoration and proper maintenance of the park have been taken by DDA.

¶193

In view of the above the present application is disposed of with directions to respondents no. 1 to 3 to pay amount of Rs. 1,00,000/- (Rs. One Lakh Only) as environmental compensation for damage caused to environment due to demolition of DDA Park Wall measuring 30.06 meters and respondents no. 4 to 6 to pay amount of Rs. 3,00,000/- (Rs. Three Lakh Only) for damage caused to environment due to demolition of DDA Park Wall measuring 105.5 meters. Respondents no. 5 and 6 are also directed to reconstruct the DDA Park Wall measuring 105.5 meters as undertaken at their own costs. The DDA is directed to file further Status Report in this regard on such reconstruction of the DDA Park Wall by respondents no. 5 and 6 within one month thereafter by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before this Bench for further directions.

¶194

Birender Sangwan Vs. PWD, Delhi & Ors. -23-

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O. A. No. 439/2023

¶196

We appreciate the initiative taken by the applicant in filing of the present application which has served the cause of protection and improvement of environment.

¶197

We have noticed that the applicant has also incurred substantial expenses in filing and prosecuting present application and is entitled to award of appropriate amount of costs for the time and money spent by him. Accordingly, the costs are assessed as Rs. 50,000/- (Rs. Fifty Thousand Only). Said amount of the costs be paid by DPCC to the applicant out of the amount of environmental compensation lying deposited with it within three months from receipt of copy of this order.

¶198

A copy of this order be forwarded to the applicant and the concerned respondents, Vice Chairman, DDA, Member Secretary, DPCC and District Magistrate (North West), Delhi by e-mail for information/compliance.

¶199

Arun Kumar Tyagi, JM

¶200

Dr. Afroz Ahmad, EM

¶201

January 25, 2024 ag

Birender Sangwan v. Ministry of Public Works Depatments

Case brief

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Birender Sangwan v. Ministry of Public Works Depatments

Case brief

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