Allowed

Muheeudeen v. Ministry of Environment Forest and Climate Change

NGT3 Jan 2025Original Application No. 1324/2024

Case brief

AI extract

What is this about?

The National Green Tribunal directed the District Magistrate, Shahdara to expeditiously consider the applicant's grievance regarding illegal borewell operations and implement the Environment Department's Standard Operating Procedure concerning electricity disconnection.

What did the court decide?

Directed the District Magistrate, Shahdara to consider the grievance regarding illegal borewell operations and take appropriate remedial action expeditiously following the Departmental SOP.

Muheeudeen vs Ministry of Environment Forest and Climate… — Environment and Pollution | NGT (2025)

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Item No. 01

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 1324/2024

Muheeudeen

Applicant

Versus

Union of India & Ors. Respondent(s)

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Date of hearing: 03.01.2025

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Applicant : Mr. Shashank Rai, Ms. Anushi Agrawal, Mr. Ajai Kumar Srivastava, Mr. Saurabh Kumar Pandey & Mr. Om Prakash Sapra, Advs. for Applicant

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ORDER

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In this original application, applicant has raised the grievance against illegal operation of borewell in following three premises:

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(i) Plot no.69, AGCR Enclave, Delhi-110092 (referred to as premise no.1).

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(ii) Plot no. 149, Ram Vihar, Delhi-110092(referred to as premise no.2).

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(iii) Plot no.142, Ram Vihar, Delhi-110092(referred to as premise no.3).

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Submission of Counsel for the applicant is that in respect of illegal extraction of ground water from premise nos. 1 and 2, applicant had earlier filed OA No. 914/2024 which was disposed of by order dated 30.07.2024 directing the concerned District Magistrate to whom the complaint was made to duly consider the grievance of the applicant, keeping in view the observations made in the order and do the needful expeditiously.

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Counsel for the applicant submits that in pursuance to the direction of the Tribunal, the concerned SDM had taken action and borewells in premises nos. 1 and 2 were sealed. He has further submitted that the borewell in premise no.3 was also sealed though it was not the subject matter in OA No. 914/2024.

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The grievance of the applicant is that though borewells in premises nos. 1, 2 and 3 were sealed, subsequently, the builder broke the seal and again started extracting groundwater from these borewells.

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Learned Counsel for the applicant has referred to the complaints dated 28.08.2024 collectively filed along with OA and notice dated 26.09.2024 issued to the concerned Additional District Magistrate but no action on the said notice has been taken. He has also submitted that Standard Operating Procedure (SOP) has been issued by the Department of Environment, Govt. of NCT of Delhi in pursuance to the order of the Tribunal dated 15.05.2020 in OA No. 685/2019 wherein it has been provided that electricity of the illegally operated borewell/tube well will be disconnected, therefore, the action of disconnection of electricity should be taken.

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Since the applicant has already approached the concerned Additional District Magistrate who is the competent authority to take action against the illegally operating borewells, therefore, we dispose of this original application directing respondent no.4-Distrtict Magistrate, Shahdara to duly consider the grievance of the applicant and also take into account the SOP relied upon by the applicant and take appropriate remedial action as expeditiously as possible.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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January 03, 2025 Original Application No. 1324/2024 JG..

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Muheeudeen v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

Muheeudeen v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

What the court decided

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