Disposed

Indian National Trust for Art and Cultural Heritage v. Govt. of N.C.T. of Delhi

NGT1 May 2025IA No. 339/2024 in Execution Application No. 16/2019

Case brief

AI extract

What is this about?

The National Green Tribunal directed the Secretary of MoEF&CC to appear on the next hearing. It ordered the National Wetland Authority to be implead and file a reply, and allowed IA No. 339/2024 to be entertained for those likely affected by land determination for the Najafgarh lake.

What did the court decide?

Direction to Secretary MoEF&CC to appear; Impleadment of National Wetland Authority; Allowance of intervention by IA 339/2024 applicants.

Indian National Trust for Art and Cultural Heritage vs… — Environment and Pollution | NGT (2025)

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Item No. 08

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Execution Application No. 16/2019

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In Original Application No. 153/2014 (MA No 85/2022, IA No 339/2024, IA No 332/2024)

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Indian National Trust for Art and Cultural Heritage Applicant

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Versus

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Govt. of N.C.T. of Delhi & Ors. Respondent(s)

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Date of hearing: 01.05.2025

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Applicant: Mr. Akash Vashishtha, Adv. for Applicant in E.A 16/2019

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Respondent: Mr. Lokesh Sinhal, Sr. AAG with Mr. Rahul Khurana, Adv. for the State of Haryana & HSPCB Ms. Jyoti Mehdiratta & Ms. Ananya Basudha, Advs. for Wetland Authority, Delhi (Through VC) Mr. Gigi. C. George, Adv. for CGWA Mr. Vikrant Pachnanda, Adv. for CPCB (Through VC) Ms. Shilpa Chohan, Adv. in I.A No. 339/2024

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ORDER

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By way of this execution application, the Applicant is seeking compliance of the order dated 20.02.2017 passed in OA No. 153/2024 concerning the rejuvenation of the Najafgarh lake which is a transboundary wetland on the border of Delhi and Gurugram, Haryana.

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The wetland authority of Haryana has submitted the report dated

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29.07.2024 stating as under:

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“xxx ………………………………..xxx…………………………………..xxx

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10. That although actual area of submergence as waterbody can be ascertained only after completion of the said projects, however, anticipating the stoppage of untreated discharge and utilization of treated effluent as per completion of projects mentioned herein above, 75 acres (60 m width x 5000 m length)has been identified

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along Najafgarh Drain which can considered for declaration as waterbody/wetland. The detail of such Khasra Nos. is enclosed as ANNEXURE-R/2 . If after completion of projects mentioned in preceding paragraphs, more substantial area is found under submerge of water, further decision shall be taken to enlarge the area identified as waterbody, in accordance with law.”

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The above disclosure reveals that though the actual area of submergence as water body has not been determined till now but anticipating the stoppage of untreated discharge and utilisation of the treated effluents as per the completion of the project 75 acres (60m width x 5000m length) has been identified for declaring as a wetland.

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Learned Counsel appearing for the State Wetland Authority submits that the brief document has already been submitted to the Wetland Division of the Ministry of Environment, Forest and Climate Change (MoEF&CC) on 17.09.2024 and the action at the end of the MoEF&CC is awaited.

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It has been pointed out that MoEF&CC is a party and served in this execution application, but no one is present representing the MoEF&CC. Hence, we direct the Secretary, MoEF&CC to ensure the representation of the MoEF&CC on the next date through some competent advocate or through some senior officer of the MoEF&CC. Let a copy of this order be forwarded to the Secretary, MoEF&CC for compliance.

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Learned Counsel for the Applicant has submitted that the area of Najafgarh lake on the Haryana side is much large then 75 acres. He has referred to the satellite image of 2021, Annexure-A-7 (page 1111) to show that the water spread on September 24, 2021 was 2048 acres. He has also referred to the satellite image (page 848) to show that in 11.11.2021 water spread was 1667 acres and has pointed out the image on page 849 which shows that the water spread range from 200 acres to 2048 acres

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between 2014 to 2021. He has also referred to Annexure A-3 concerning the Land Revenue Settlement of the Gurgaon District - FC Channing, Settlement Officer, 1882 – extracts and has submitted that the area of five villages was found to be inundated, covering 1772 acres. The petitioner himself has given the submergence level and area of the Najafgarh lake in Haryana over the last 16 years as under:

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“ *Year*	*High Flood Level* *(HFL) Contour*	*Submergence* *Area at HFL* *Acres/Ha*
2009	210m	_3436 _*
2010	210.35m	3800
2011	209.75m	2100
2012	_209.72m _	2100
2013	209.92m	2200
2014	_209.70m _	2100
2015	209.70m	2100
2016	_210.00m _	_3436 _*
2017	209.62m	2000
2018	_210.12m _	3600
2019	209.37m	1500
2020	210.6m	2000
_2021 _	_210.90m _	4600
2022	211.05m	_5349 _*
2023	_210.75m _	4200
_2024 _	210.60m	4000
*Average* *Level*	*210.41M*	*3800* *Acres/1520 Ha* ”

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Source for HFL at Jhatikra: I&FC, Delhi for Levels *Submergence Areas as/Haryana EMP

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Counsel for the Applicant has also relied upon the area of wetland disclosed in Annexure-3, a Framework of Integrated Environment Management Plan jointly submitted by the Government of Haryana and NCT Delhi (draft) filed alongwith the report of the CPCB dated 13.12.2021. Counsel for the State Wetland Authority has disputed the material which is shown by the Applicant.

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The issue concerning the exact area of the Najafgarh lake on the Haryana side is required to be decided and the exact area is required to

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be determined by some independent competent body. Hence, we direct the Applicant to implead the National Wetland Authority in this execution application through the Chairman and serve the same.

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IA No. 339/2024 has been filed by some of the persons on the plea that their land is likely to be affected in the process of determining the wetland of Najafgarh in the State of Haryana. Considering the scope of the matter and also the plea that they are likely to be affected, we allow the IA No. 339/2024 and permit the applicants to intervene in this execution application.

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The National Wetland Authority is expected to file the reply affidavit atleast one week before the next date of hearing.

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List on 04.09.2025.

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Prakash Shrivastava, CP

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Sudhir Agarwal, JM

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Dr. A. Senthil Vel, EM

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May 01, 2025 Execution Application No. 16/2019 In Original Application No. 153/2014 (MA No 85/2022, IA No 339/2024, IA No 332/2024) dv..

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Indian National Trust for Art and Cultural Heritage v. Govt. of N.C.T. of Delhi

Case brief

What is this about?

What did the court decide?

Indian National Trust for Art and Cultural Heritage v. Govt. of N.C.T. of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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