Disposed

Misc Application in disposed of cases No. 150/2024 in Original Application No. 168/2022 of Mudit Kumar vs

NGT17 Jul 2025Misc Application in disposed of cases No. 150/2024 in Original Application No. 168/2022

Case brief

AI extract

What is this about?

This order on a miscellaneous application finds that respondents MCD, DDA, and DPCC have taken steps to remove illegal encroachments and prevent fish market operations in the Yamuna floodplain. The court issues directions for periodic inspections and further preventive measures.

What did the court decide?

MCD, DDA, and DPCC directed to periodically inspect the site and take further preventive, punitive, and remedial measures.

Misc Application in disposed of cases No. 150/2024 in… — Environment and Pollution | NGT (2025)

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Item No. 05

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Misc Application in Disposed of Cases No. 150/2024 In Original Application No. 168/2022

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Mudit Kumar Applicant Versus

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Govt. of NCT of Delhi & Ors. Respondents

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Date of hearing: 17.07.2025

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

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Applicant: None for the Applicant. Respondents: Ms. Puja S. Kalra and Mr. Virendra Singh, Advocates for respondent no. 1- MCD. Mr. Puneet Sharma, Inspector Veterinary Dept, MCD. Ms. Jyoti Mendiratta and Ms. Ananya Basudha, Advocates for respondent no. 2-PWD and respondent no. 3-I&FCD (through VC). Ms. Prabhsahay Kaur, Ms. Harshita Rai and Mr. Aditya Verma, Advocates for respondent no. 5-DDA. Mr. Anuj Pratap Singh, Deputy Director and Mr. Bharat Kumar, Assistant Director, Horticulture.

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ORDER

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The applicant-Mr. Mudit Kumar had sent a letter petition dated

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28.12.2021 to this Tribunal which was treated and registered as Original Application No.150/2024 for exercise of suo motu jurisdiction.

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The applicant raised grievances that illegal fish market was operating on DDA land at Pahla Pushta, New Usmanpur, Front Road in Yamuna Khadar/Flood Plain Zone.

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The above said original application was disposed of vide order dated 05.05.2022. The relevant part of the order reads as under:

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“2. In view of the grievances made in the letter petition, we are of the view that the factual position needs to be verified and remedial action is required to be taken on the basis thereof. We accordingly constitute Joint Committee of DPCC, Delhi Agricultural Marketing Board, Government of NCT of Delhi, and Deputy Commissioner, Shahdara and direct the same to verify the factual position, look into the grievances of the applicant and take remedial action in accordance with law after following due process within one month from the date of receipt of a copy of this order.

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3. Factual and action taken report may be furnished within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support 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 the Bench for further directions.

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The application is disposed of with the above said directions.

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A copy of this order, along with a copy of the complaint, be forwarded to the DPCC, Delhi Agricultural Marketing Board, Government of NCT of Delhi, and Deputy Commissioner, Shahdara by e-mail for compliance.”

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Status Report was filed by DPCC before the Ld. Registrar General of

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this Tribunal vide email dated 29.12.2022.

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Since the order dated 05.05.2022 passed by this Tribunal was not

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fully complied with, the status report filed by DPCC was registered as M.A.

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No. 66/2023 and was put up before the Bench for further directions.

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M.A. No. 66/2023 was disposed of by this Tribunal vide order dated

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09.04.2024. Relevant part of the order reads as under:-

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“20. In view of the above discussed facts and circumstances of the case the present MA is disposed of with the directions (i) that hence fourth no illegal fish market be allowed to operate in the area in question. However, nothing in this order shall prohibit establishment and operation of any fish market in the area in question in accordance with law; (ii) that the Commissioner, Municipal Corporation of Delhi is directed to issue appropriate instructions and take requisite action within one month from the date of receipt of a copy of this order for ensuring proper management and disposal of solid waste and effluents from the area; (iii) the Vice Chairman, DDA is directed to issue appropriate instructions and take requisite action within one month from the date of receipt of a copy of this order for ensuring removal of unauthorized constructions, if any, and repair of boundary wall immediately so that no such encroachment takes place in future and requisite monitoring is done to prevent such encroachments and in case of any encroachment prompt action is taken against the violators; and (iii) Chairman, NHAI is directed to issue

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appropriate instructions and take requisite action within one month from the date of receipt of a copy of this order for ensuring that no encroachments take place on any part of the road/land handed over to it.

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21. Compliance reports by way of affidavits of the concerned officers be filed within three months before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before the Bench for further directions.

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22. A copy of this order be sent to the Chief Secretary, Government of NCT of Delhi, the Commissioner, Municipal Corporation of Delhi, the Vice Chairman, DDA, Chairman, NHAI and Member Secretary, DPCC by e-mail for requisite compliance.”

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Pursuant thereto, Compliance Affidavit dated 05.07.2024 has been

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filed by DDA. The relevant part of the compliance affidavit is reproduced

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below:-

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“ Compliance Affidavit on behalf of respondent/DDA X X X X

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4. That as stated earlier, demolition of illegal encroachment was carried out in Yamuna River Flood Plain area on the DDA land from Shastri Park Zero Pushta to Pushta No. 3 Old Usmanpur (Ghari Mandu) on 06-02-2024 by the Office of Executive Engineer, HCD10/DDA with the help of Delhi Police.

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5. That thereafter the officers of the Respondent/DDA are maintaining constant vigil in the area and illegal gathering of fish sellers is not being permitted on site. The Respondent/ DDA has been written letters of MCD, NHAI and local Police Station in this regard to ensure that illegal gathering of fish sellers does not take place in the area. True Copy of the letter written to MCD, NHAI and local Police Station are annexed herewith as Annexure R1 Colly.

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6. That the said site is earmarked for the entry of Gate Plaza in the redevelopment plan for Yamuna Flood plains. The said entry of Gate Plaza has been installed by the Office of Executive Engineer, HCD10/DDA. Photographs of gate plaza installation are annexed herewith as Annexure R2.

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7. That the Answering Respondent is committed to the cause of environmental protection, preservation and development for the areas under its jurisdiction, and is undertaking all necessary steps and actions in pursuance thereof.”

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Since, order dated 09.04.2024 in M.A. No.66/2023 passed by this Tribunal was also not fully complied with, compliance affidavit dated 05.07.2024 was registered as M.A. No. 150/2024 and was put up before this Bench for further directions.

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Vide order dated 24.02.2025 notices were ordered to be issued to the respondents requiring them to file detailed compliance report in terms of order dated 09.04.2024.

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Pursuant to notices, reports dated 07.04.2025 have been filed by DPCC and MCD and compliance affidavit dated 17.05.2025 has been filed by DDA.

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The relevant part of the report dated 07.04.2025 filed by DPCC is reproduced below:-

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“ Status report on behalf of Delhi Pollution Control Committee in compliance to the order dated 24.02.2025 read alongwith order dated 09.04.2024 X X X X

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5. That it is most respectfully submitted that in the order dated 09.04.2024 directions were issued to MCD, DDA and NHAI for compliance. No specific direction to DPCC.

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6. That, to comply with the order dated 09.04.2024, DPCC has issued letter on 02.04.2025 to DDA, MCD and NHAI for taking further necessary action and submit action taken report directly before this Hon'ble Tribunal. Copy of the letter dated 02.04.2025 is enclosed herewith as ANNEXURE-R-4/1.

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7. The present status report may kindly be taken on record.”

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The relevant part of the report dated 07.04.2025 filed by MCD is reproduced below:-

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“ STATUS REPORT ON BEHALF OF RESPONDENT/ VETERINARY SERVICES DEPARTMENT,SHAHDARA NORTH ZONE, MCD IN COMPLIANCE OF THE ORDER DATED 09.04.2024 PASSED BY THIS HON'BLE TRIBUNAL .

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X X X X

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3. That earlier on dated 18.10.2023 and 25.10.2023, department has taken action against the encroachers/fish mongrels/squatters and seized appx. 165 Kg. fish from them which was auctioned at Health Store, Shahdara North Zone, MCD, and the land made free from encroachers. Action taken report dated 26.10.2023 of the same was sent to (a) DPCC, GNCTD (b) at email ID judicial-ngt@gov.(c) Director, Land Management-I, DDA (d) SDM, Seelampur and (e) SHO Shastripark (Annexed .... ).

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4. That on dated 29.05.2024, the department also taken joint action comprising of teams of Veterinary Services Department and General Branch, Shahdara North Zone with the assistance of police personnels provided by the SHO, Police Station

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Shastripark. During the action dated 29.05.2024 approximately 45 Kg. live fish was seized and the encroachers/squatters/fish mongrels were removed.(Annexed A)

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5. That on dated 27.06.2024 and 12.08.2024 during surprised inspection no selling of fish/chicken was found there (Annexed:B.).

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6. That on dated 20.11.2024, official raided the area in question and seized the belongings

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7. That on dated 20.01.2025 department also took action and seized live fish and chicken which were auctioned in Rs. 6800/at Health Store of Shahdara North Zone.

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8. That on dated 07.03.2025 with the help of police assistance provided by DCP (North-East) action was taken and seized 70 Kg. fish and 20 live chicken which were auctioned in Rs. 10000/at Health Store of Shahdara North Zone. (Annexure-C)

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9. It is also pertinent to mention here that the encroachers/squatters/fish mongrels also have court case in Hon'ble High Court of Delhi titled as Machli Mandi, Pahla Pusta New Usmanpur, Vikas Samiti Vs Govt of NCT of Delhi & Ors [W.P.(C) 318/2025) and the NDOH is on 19.05.2025.

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10. That the department/ Answering Respondent is continuously putting the efforts to curb/stop the selling of fish/chicken/meat related activity which are/were carried out in Yamuna River Flood Plain area on the DDA Land. But it will be appropriate of letter dated 22.09.2023 of DPCC under section 5 of the Environment Protection Act, 1986 which reads "DDA shall take necessary action at their end for clearing the land as per law in compliance of MPD 2021 wrt to operation of illegal fish market at their land"

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The relevant part of the report dated 17.05.2025 filed by DDA is reproduced below:-

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“ COMPLIANCE AFFIDAVIT ON BEHALF OF RESPONDENT / DELHI DEVELOPMENT AUTHORITY IN COMPLIANCE OF ORDER DATED 08.04.2025.

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X X X X 3. That in response to the queries of this Hon’ble Tribunal regarding the remedial measures already undertaken, it is submitted that the Answering Respondent has taken consistent and effective steps to remove the illegal encroachment and to prevent re-encroachment with an objective to enhance the ecological character of the Yamuna Floodplains.

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4. That vide the Status Report dated 08.04.2024 and 06.07.2024 filed on behalf of the Answering Respondent, the demolition of illegal encroachments on DDA land falling within the Yamuna River Floodplain area, specifically from Shastri Park Zero Pushta to Pushta No. 3 Old Usmanpur (Ghari Mandu) (hereinafter referred to as subject area}, was carried out on 06.02.2024 by the Office of Executive Engineer, HCD10/DDA with the help of Delhi Police. Copy of photographs of demolition conducted on 06.02.2024 are annexed and attached herewith as Annexure R-1 (Colly).

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5. That thereafter the officers of the Answering Respondent are maintaining constant vigil in the area and illegal gathering of fish sellers is not being permitted on site. The answering respondent has been writing letters to MCD, NHAI and Local Police Station in

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this regard to ensure that illegal gathering of fish sellers does not take place in the area. Copy of the letters written to MCD, NHAI and local Police Stations are attached and annexed herewith as Annexure R-2 (Colly). Copy of photographs of the subject site as on 07.04.2025 and 03.05.2025 are attached and annexed herewith as Annexure R-3 (Colly).

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6. That the said site is earmarked for the Entry Gate Plaza to the "Yamuna Vanasthali’ park, in the redevelopment plan for Yamuna Floodplains. As such, in compliance of the Order dated 9.04.2024, wall has been constructed and a Gate installed at the Entry. Copy of photographs of the installation of the entry gate has been attached and annexed herewith as Annexure R-5.

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7. That the subject area forms a part of one of the 11 Projects undertaken under the larger scheme of ‘Restoration and Rejuvenation of Yamuna floodplains’, known as “Yamuna Vanasthali”. This is being maintained by the Answering Respondent as a designated Green Area. Various requisite steps have been taken by the Answering Respondent, including the plantation of riverine grasses and trees to enhance the ecological value of the area. Copy of photographs of plantation at the subject area are attached and annexed herewith as Annexure R-4 (Colly). As a part of this plan, steps are being taken to further develop and ecologically restore the subject area with the intentions to rejuvenate the floodplains. Copy of proposed Landscape Plan of Yamuna Vanasthali Area is attached and annexed herewith as Annexure R-6.

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8. That, the Answering Respondent remains steadfast in its commitment to the cause of environmental protection, preservation and sustainable development for the areas under its jurisdiction and is undertaking all necessary steps and actions in pursuance thereof.”

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Copies of photographs of subject site as on 07.04.2025 and 03.05.2025, photographs of plantation in the subject area, photographs of the installation of entry gate and wall and proposed landscape plan of Yamuna Vanasthali have been filed with the report.

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None has appeared for the applicant and no objections to the reports filed before this Tribunal have been filed by the applicant or any other person.

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We have heard learned Counsel for the respondents and gone through the material on record including the reports referred to above.

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In view of the submissions made in the reports, no further action is required to be taken at this stage and the miscellaneous application is disposed of accordingly with directions to MCD, DDA and DPCC to periodically inspect the site and take further preventive, punitive and remedial measures as may be required in accordance with law .

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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July 17^th , 2025 M.A in Disposed of Cases No. 150/2024 In Original Application No. 168/2022 AB

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Misc Application in disposed of cases No. 150/2024 in Original Application No. 168/2022 of Mudit Kumar vs

Case brief

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Misc Application in disposed of cases No. 150/2024 in Original Application No. 168/2022 of Mudit Kumar vs

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