Disposed

Misc Application in disposed of cases No. 130/2024 in Original Application No. 9/2023 of Bharat Sehrawat v. Dr Umesh Verma

NGT11 Feb 2026Misc Application in disposed of cases No. 130/2024 in Original Application No. 9/2023

Case brief

AI extract

What is this about?

This is a miscellaneous application regarding compliance with a prior order on green planter restoration. The Tribunal ruled it lacks jurisdiction over encroachment removal but observed the execution agency must act without discrimination and with reference to approved layouts. The matter was disposed of as no further order was required.

What did the court decide?

No further order was required; the application was disposed of accordingly.

Misc Application in disposed of cases No. 130/2024 in… — Environment and Pollution | NGT (2026)

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Item No. 03

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Court No. 2

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Misc Application in Disposed of Cases No. 130/2024 In

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Original Application No. 9/2023

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Bharat Sehrawat Applicant

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Versus

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Dr Umesh Verma & Ors. Respondents

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Date of hearing: 11.02.2026

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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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A pplicant: None for the applicant.

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Respondents: Mr. Virendra Singh Advocate for respondent no.4-MCD. Mr. J.S. Rona, AE, MCD. None for respondents no. 1, 2 and 3.

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ORDER

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The applicant-Mr. Bharat Sehrawat resident of Flat No. 4052, Sector C, Pocket 4, Vasant Kunj, New Delhi, filed Original Application No. 09/2023 under the provisions of the National Green Tribunal Act, 2010 seeking directions for removal of encroachment from and restoration of green planter area in front of DDA SFS Category –III Flats in Sector-C, Pocket 4, Vasant Kunj, New Delhi.

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The relevant part of the application enumerating grievances of the applicant reads as under:

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“ Sub: Complaint against removal of tree/plants and encroachment of mandatory Green area designated in the layout of DDA Built-up SFS Flats, Category-III X X X X

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On 27th October 2022, I purchased a DDA Built-up SFS Flat No. 4052, Category-III, in Sector C, Pocket-4, Vasant Kunj, New Delhi-110070.

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After noticing certain ground floor flats in our locality, I came to know that the original DDA layout had the provision for Green area - 'Planter' for all the flats.

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A picture of Green areas - Planters in front of three ground floor houses in my neighbourhood are attached as Annexure-I of my application, for kind reference.

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I hereby register my complaint against the removal of tree/plants and encroachment of one such Green area - 'Planter' by Dr. Umesh Verma, the owner of Flat No. 4050, Sector-C, Pocket-4, Vasant Kunj, New Delhi-110070. Dr. Umesh Verma is the owner of the ground floor flat under my first floor flat.

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A picture of the same is attached as Annexure-II of my application, for kind reference.

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As the owner of the first floor flat, my family and I are entitled to the right to the environment through the tree/plants raised on the DDA designated 'Green area'- Planter, in front of the balcony of my house.

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The platform of 'Planter' area has been removed and Pucca Concrete flooring has been done by Dr. Umesh Verma, while encroaching the public land designated as 'Green Area' and enclosing the same in his house by building a concrete boundary wall around it.

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In complete disregard of rules, Dr. Umesh Verma has brazenly removed the tree/plants, removed the platform, concretised the mandated green area and encroached upon the Government land. By doing this he has deprived me & my family of the right to life and environmental services.

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Additionally, it poses a serious threat to my privacy and personal safety as the boundary wall on the encroached area provides easy access to any antisocial element to climb onto the balcony.

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I request and plead Hon'ble NGT for the restitution of the environment by taking cognizance of the violation of the DDA designated 'Green area’ in front of my house and provide me relief at the earliest possible.

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The violators are highly educated and aware citizens. However, out of greed, total disrespect towards the environment and utter fearlessness of the laws of the land, they have deliberately chosen to cut the trees/plants and have extended their house by encroaching the DDA designated 'Green area'.

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I would like to bring to your notice Dr. Umesh Verma is a senior Physician, very well aware of the value of clean air. While he brazenly destroyed the Green area in India, he has chosen abroad as a place of living for himself and his family. I am a law-abiding citizen of India, I have full faith in the Hon'ble NGT and hope that cognizance of my complaint will be a trendsetter in respect for the environment and refrain the educated elite from damaging the environment brazenly without fear of environment laws.

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I request the Hon'ble NGT for directions to the concerned authorities to register a criminal case against Dr. Umesh Verma under EP Act and relevant sections of IPC. A complaint against the encroachment by Dr. Umesh Verma has also been filed in MCD seeking necessary action.”

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Vide order dated 17.01.2023, Ms. Sudha Varma and DDA were impleaded as respondents no. 2 and 3. Vide order dated 29.09.2023, the Commissioner, Municipal Corporation of Delhi was impleaded as respondent no. 4.

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Pursuant to service of notice, replies/reports were filed by the respondents.

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Respondent no. 4 filed status report vide email dated 31.01.2024 mentioning that a joint operation in large scale was undertaken by Maintenance & Building departments of MCD (South Zone) in Sector C- 4, Vasant Kunj on 05.12.2023 wherein the encroachment referred in OA no. 09/2023 was removed in addition to the action taken on 08 other flats in pursuance to complaints of encroachment /illegal construction received against them.

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The applicant filed I.A. No. 881/2023 seeking permission to withdraw the original application.

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The above said original application was disposed of vide Judgment dated 05.07.2024 whereby I.A. No. 881/2023 was dismissed and O.A. No. 09/2023 was disposed of in terms of directions mentioned therein. The relevant part of the Judgment reads as under:-

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“18. In the application, the applicant has claimed that in the original lay out of SFS Category -III flats, provision has been made by DDA for green planter area in front and back thereof. No doubt, in the present case the applicant has not produced copy of original lay out of DDA SFS Category-III flats in support

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of his claim but in their replies/responses respondent no. 2-Ms. Sudha Verma, respondent no. 3-DDA and respondent no. 4- MCD have not specifically denied the said assertion. In her counter affidavit respondent no.2 has not pleaded that the original lay out of SFS Category -III flats did not make provision of green planter area in front and back thereof. On the other hand respondent no. 2 denied encroachment on green planter area and claimed the same to be in original shape. Respondent No.3-DDA did not reply to the averment of the original lay out of SFS Category -III flats making provision of green planter area in front and back thereof and merely pleaded that services of the said area are being looked after by MCD. Respondent no.4-MCD has relied on report of concerned JE regarding encroachment and removed the encroachment. We express our displeasure regarding failure of respondent no.3-DDA and respondent no.4 MCD to produce original lay out and relevant record and also to render requisite assistance to this Tribunal. However, nonproduction of the relevant record is inconsequential in view of settled proposition of law that absence of specific denial amounts to admission and this Tribunal can validly proceed on the basis of implied admission that the original lay out of SFS Category-III flats makes provision of green planter area in front and back thereof.

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19. The applicant has claimed encroachment over the green planter area by respondents no. 1 and 2 which claim is supported by photographs attached with the application. In her counter affidavit, respondent no. 2-Ms. Sudha Verma has denied encroachment on green planter area and claimed the same to be in original shape but this denial is also falsified by the status report submitted by concerned JE of the MCD that respondents no. 1 and 2 had encroached upon the Government land/green area/planter area after removal of plants and demolition of the platform meant for the planter.

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20. As per status report filed by respondent no.4-MCD, Joint Operation in large scale was undertaken by Maintenance & Building Departments of MCD (South Zone) in Sector C-4, Vasant Kunj on 05.12.2023 and the encroachment referred in the present application was removed and action was also taken against 08 other flat owners in pursuance to complaints of encroachment /illegal construction received against them.

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21. However, in the status report respondent no. 4-MCD has not mentioned about taking of remedial measures for restoration of green planter area by carrying out plantation of suitable species of plants, trees etc. which warrants issuance of appropriate directions by this Tribunal in this regard.

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22. It may also be observed here that there is no mention in the status report as to what action was taken on complaint made by respondent no. 2-Ms. Sudha Verma regarding unauthorized construction of floor by the applicant on the roof of her flat.

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Respondent no. 4-MCD ought to have looked into the complaint and ought to have taken appropriate action on the same and intimated respondent no. 2 about the same. However, the matter of removal of encroachment/demolition of unauthorized construction, not involving any question relating to environment arising out of implementation of the Acts mentioned in Schedule 1 of the National Green Tribunal Act, 2010, does not lie within the jurisdiction of this Tribunal and the respondent No.2 shall be at liberty to avail appropriate remedies in this regard in accordance with law.

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23. In view of these facts and circumstances of the case, the application is disposed of with direction to respondent no. 4- MCD to take requisite remedial action for restoration of green planter area by carrying out plantation of suitable species of plant/trees within two months/during the monsoon season. 24. Compliance report in this regard be filed by respondent no. within three months e-mail at judicial-4-MCD [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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25. A copy of this order be sent to the Commissioner, Municipal Corporation of Delhi by email for requisite compliance."

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Since respondent no. 4-MCD did not submit compliance report as directed, the matter was listed before the Bench by registering present miscellaneous application.

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Vide order dated 05.12.2024 respondent no. 4-MCD was given opportunity to file compliance report as per Judgment dated 05.07.2024.

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Respondent no. 4-MCD filed report dated 03.01.2025 (at pages no. 53 to 59 of the paper book) mentioning that in compliance of Judgment dated 05.07.2024, the Horticulture Department of MCD has restored two green planter area at the site in question near flat no. 4050, Sector-C, Pocket-4, Vasant Kunj, New Delhi by carrying out plantation of suitable species of plants but the above said report was materially deficient as MCD had, as per its own status report filed vide email dated 31.01.2024, removed encroachment from 9 flats including above said flat no. 4050.

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Due to not placing of above said report on record by the Registry, respondent no. 4-MCD sought and was granted time to file additional report with requisite details regarding lay out of the flats, measurement of planter area, nature of plantation required to be carried out etc.

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On 05.03.2025 learned Counsel for respondent no. 4-MCD claimed to have filed report dated 04.03.2025 which was not placed on record by the Registry and the Registry was directed to verify the factual position. Accordingly, report dated 04.03.2025 (at pages no. 60 to 67 of the paper book) was placed on record. The relevant part of the report reads as under:-

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“3. That at the outset it is stated that pursuant to order dated 05/07/2024 of this Hon'ble Tribunal, the alleged planters have been restored at the site in question.

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4. That further vide order dated 10/01/2025, the answering Respondent No. 4-MCD, seeks time to file the additional status report with requisite details regarding layout of the flats, measurement of planter area and nature of plantation required to be carried out etc.

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5. That in terms of the orders of this Hon'ble Tribunal, the copy of the layout of the area / flats in question is annexed herewith as Annexure -A.

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6. That site plan containing the measurements of the restored alleged planters area is annexed herewith as Annexure-B.

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7. That further it is also relevant to state here that since the said planter is closed to the flats so plantation of big tree species is not advisable and hence, considering the same, small plantation like Variegated Chandini, Hamelia, Zetrufa, Callendra, Kaner, Champa and Ficus Plants have been planted. The photographs showing the latest site position of the restored planters are annexed herewith as Annexure-C (Colly).”

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In the photostat copy of the lay out of the planter area approved by DDA could not be shown.

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On 03.11.2025 learned Counsel for respondent no. 4-MCD sought time to file additional status report by way of affidavit giving all requisite details alongwith copy of DDA approved layout.

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Status report dated 05.12.2025 (at pages no. 68 to 73 of the paper book) was filed by respondent no. 4-MCD with building plan of flat no. 4050 (G.F) and 4052 (F.F) of Sector-C, Pocket- 4, Vasant Kunj without identifying and pointing out approved layout of the planter area but again time was sought for filing of additional affidavit.

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Respondent no. 4-MCD filed additional affidavit dated 03.02.2026 (at pages no. 87 to 91 of the paper book) which was subjected to defect and was on removal of defect placed on record on 06.02.2026. The relevant part of the above said affidavit comprising paras no. 10 and 11 is reproduced

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as under:-

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“ 10. That the answering respondent further submitted that as per Colony Layout plan received from DDA,

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However, illegal encroachment has been removed by the MCD in shape of boundary wall and Iron Gate on the public road. MCD has restored the two green planter area at the site in question near Flat No. 4050, Sector C-4, Vasant Kunj, New Delhi by carrying out plantation of suitable species of plants as per directions by passed by this Hon'ble Tribunal vide judgment dated 05.07.2024 in original application.

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11. That it is submitted that the action taken by the answering respondent/MCD is accordance with the law and within the statuary power as conferred under DMC Act, 1957.”

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A bare perusal of Para No. 10 of additional affidavit dated 03.02.2026 shows that either the relevant part thereof was not completed or if completed was deleted and the relevant information as undertaken to be provided was not given therein.

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It may be observed here that despite orders passed by this Tribunal DDA did not reply to the averment of the original layout of SFS categoryIII flats making provision of green planter area in front and back thereof and merely pleaded that services of the said area are being looked after by

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MCD. MCD removed encroachments without reference to approved layout plans and did not produce any material before this Tribunal in respect of the allegations of the encroachments leading to carrying out of drive by respondent no. 4-MCD for removal of encroachments. Even on removal of encroachments all the planters were not immediately restored. The relevant part of the approved layout sanctioning planter area in the front and back of the flats has not been identified and pointed out before this Tribunal. This Tribunal did not pass any order for removal of encroachments and even after removal of encroachments confined its order only to the aspect of restoration of green planter area. The applicant filed Original Application No. 09/2023 asserting that this Tribunal has jurisdiction to grant of relief of removal of encroachment and restoration of planter area but subsequently the applicant has filed written submissions dated 24.01.2026 making wild allegations with consequential prayers for closure of the proceedings on the ground of lack of jurisdiction. The relevant part of the written submissions is reproduced as under:-

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“1. The applicant had specifically mentioned in his application before the Hon'ble NGT as in OA No. 9/2023, that it came to his notice that certain ground floor flats in Sector C-4, Vasant Kunj had original planters.

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The pictures of three such original planters in front of H.Nos. 4045, 4042 and 4028 were attached along with the application in support of the claim of original planters.

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The claim in the application was on the basis of personal observations arising out of actual status on ground and information from some old residents.

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However, the similar area under his flat, lay encroached by the occupiers of the ground floor flat no 4050. The picture of the encroached planter area, in front of the flat no 4050, was also annexed with the original application in OA No. 9/2023. The platform of the planter was missing, area concretised and the same was encroached by enclosing the same, by building of a boundary wall on the government land.

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2. The Hon'ble NGT admitted the complaint as O.A. No. 09/2023 and first date of hearing was 17/01/2023 and the case continued till it was finally disposed off with the judgement pronounced on 05/07/2024.

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3. A Counter affidavit/reply filed under the signatures of R. No. 2 Ms. Sudha Varma dated 15/02/2023, was taken on record by the Hon'ble NGT. The affidavit falsely contended that R. No. 1 - Dr. Umesh Varma has nothing to do with the case and that the House No 4050, Sector C-4 Vasant Kunj, was allotted to R. No. 2-Ms. Sudha Verma.

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The Conveyance Deed of the Flat No 4050, Sector C-4, Vasant Kunj dated 03/12/2001 (Registered on 16/01/2002, vide registration no. 19794, In Addl. Book No. 1, Volume No. 702, On pages 198-199 by Sub Registrar VII New Delhi) clearly records the owner as Dr Umesh Chandra Varma i.e. the respondent No. 1. Copy of the same is attached herewith with as "Annexure-A".

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Respondent No. 1 i.e. Dr. Umesh Varma owner of H.No. 4050, Sector C-4, Vasant Kunj never appeared before this Hon'ble NGT, nor filed any response till date.

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4. The counter affidavit/reply dated 15/02/2023, falsely contended that the respondents no. 2 -Ms. Sudha Verma found the flat no. 4050 sector C-4, Vasant Kunj, New Delhi in the then existing condition (i.e. with planter removed, area encroached and enclosed with a boundary wall).

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The layout plan submitted by MCD on 5/12/2025 before the Hon'ble NGT (Annexure B, NGT File Page No. 72) confirms the boundary of the flat no. 4050 and places on record, beyond doubt, that the respondent had indeed encroached on the public/Government land much beyond the boundary of their flat.

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Thus, a false submission on oath is evident in the Counter affidavit/reply by R. No. 2-Ms. Sudha Verma.

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5. The claim of the R.No. 2- Ms. Sudha Verma, in her counter affidavit/reply, about the unauthorized construction by the applicant is also false and is specifically denied.

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Further, this issue attempted by the respondent no. 2 does not fall within the jurisdiction of the Hon'ble NGT, as also held by the Hon'ble NGT in its judgement pronounced on 05/07/2024 in

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OA No. 09/2023.

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6. The applicant appeared in person for physical hearing on 20/02/2023 before the Hon'ble NGT.

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A third person, Ms. Savitri Varma was allowed by Hon'ble Court to speak on the matter, who publically humiliated the applicant and casted aspersions on his wife as well, to misguide and divert the attention of Hon'ble NGT from the issue of the OA 09/2023.

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The Hon'ble NGT too raised verbal questions, during the proceedings, which were beyond the plea of the applicant. The applicant felt humiliated. The applicant was appearing physically for the first time in any Hon'ble court/tribunal in his life.

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7. The applicant vide e-mail dtd. 07/08/2023 requested for dropping impleadment of Respondent No. 2 - Ms. Sudha Verma as it was confirmed by then that R.No. 1- Dr. Umesh Chandra Varma S/o Sh. Prakash Narian Varma is the Owner/Allottee. However, the Respondent No. 2 has not been dropped from the proceedings till date.

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E-mail dated 07/08/2023 by applicant is attached herewith as "Annexure-B" for ready reference.

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8. While the counsel of the Respondent no. 2 was misguiding the court during the arguments on 13/02/2024, the applicant (who had joined via VC from his house) sought the permission from the Hon,ble NGT to allow him to show the ground situation 'live'..

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After seeing the 'live' situation of existing original planters in front of ground floor flat nos. 4042 and 4045, the counsel for the respondents withdrew his contentions and

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the Hon'ble NGT reserved its orders.

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9. The Respondent No. 2-Ms. Sudha Varma passed away on 14/02/2024.

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10. Respondent No. 1 Dr. Umesh Chandra Varma, erstwhile employee of MCD, peacefully lives in USA.

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He had lived in India at his allotted Flat No 4050, Sector C-4, Vasant Kunj for many months together in year 2024 without bothering to file a response in the case. Nor has Hon'ble NGT enforced his attendance either physical or on-line, till date.

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It is also to be mentioned that Dr. Umesh Chandra Varma again tried to encroach the planter area sometime in March/April 2024. When objected by the applicant, he left the area open towards the planter and did not build the boundary wall at its original location; which shows their intention to encroach again in future.

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11. The applicant had mentioned in the OA 09/2023 that his complaint against the encroachment by owner/occupiers of H.No. 4050, Sector C, Pocket-4 is already pending with MCD.

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In pursuance to the complaint of the applicant to MCD dated 28/12/2022, the encroachment removal action was taken by MCD on 05/12/2023 alongwith 8 other houses in encroachment removal drive in Sector C-4, Vasant Kunj.

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12. It is to be noted that MCD undertook encroachment removal in Flat No 4050, along with 8 other flats in Sector C-4, Vasant Kunj on 05/12/2023. By this time, no relief was provided by the Hon'ble NGT to the applicant in the referred OA 09/2023 .

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13. Being satisfied with the action of the MCD, the applicant filed for the withdrawal of the OA No. 09/2023 from the Hon'ble NGT vide IA No. 881/2023 as the prayer of the applicant before the Hon'ble NGT was largely addressed and that the application had become infructuous.

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14. The Hon'ble NGT rejected the prayer of the applicant, seeking withdrawal of the case, citing its observations in OA No. 134/2022 & OA No. 267/2022 that consistent with its statutory obligations under the NGT Act 2010, the Tribunal has to respond to the duly verified factual position in cases raising substantial questions relating to environment with requisite remedial/ameliorative measures for protection of environment and that this tribunal cannot take refuge of any technical dispensation by dismissal of OA as withdrawn. Thus, the IA No. 881/2023 filed by the petitioner in OA No. 09/2023 for permission to withdraw the OA was dismissed and judgement was

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reserved after arguments on 13/02/2024 & pronounced on 05/07/2024.

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15. In its judgement dated 05/07/2024, the Hon'ble NGT had noted that the applicant has not produced copy of original layout of DDA SFS Category III Flats in supporting his claim but the replies of Respondents No. 2 - Ms. Sudha Varma and R. No. 3 - DDA & R. No. 4

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- MCD had not specifically denied the said assertion .

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The Hon'ble NGT had pronounced that the non-production of this relevant record is inconsequential in view of the settled proposition of the law that absence of specific denial amounts to admission and that this tribunal can validly proceed on the basis of the implied admission that the Original layout of SFS category III flats makes provisions of green planter area in front and back thereof. The Hon'ble NGT has noted that the claim of the applicant was indeed supported by photographs of some of the existing original planters in Sector C-4 Vasant Kunj, as attached with the application. 16. The Hon'ble NGT has also observed in its order pronounced on 05/07/2024 that in the application, the applicant had alleged encroachment of green planter area andsought restoration thereof and further that, as per status report filed in the case, MCD has carried out drive for removal of encroachments but planter has not been restored by carrying out the plantation.

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17. The O.A. 09/2023 was thus disposed off by the Hon'ble NGT with the direction to MCD to take requisite remedial action for restoration of planter area by carrying out plantation of suitable species of plant / trees within 2 months/during monsoon season.

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18. M.A. in disposed off case No. 130/2024 in OA No. 09/2023 is reported to have been initiated by Hon'ble NGT suo motto in view of its office report with regard to non-submission of compliance report by MCD pursuant to Tribunal's judgement dated 05/07/2024 in O.A. No. 09/2023 .

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19. Vide its order dated 05/12/2024 in MA No. 130/2024 in disposed off case in OA No. 09/2023, one more opportunity was given by the Hon'ble NGT to MCD to submit a report as per judgment dated 05/07/2024, within 3 weeks.

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20. A Compliance Report was filed by MCD on 03/01/2025. However, the said report was not placed on record by the registry on the date of hearing i.e. 10/01/2025.

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The Hon'ble NGT directed the registry to verify the factual position and place the same on record. However, without the existing report available on record for the perusal of the Hon'ble NGT and its observations on the deficiencies in the Report, if any, the counsel for MCD sought time to file additional Report by MCD with details regarding layout of flats, measurements of planter area, nature of plantation required to be carried out etc. The same was desired to be filed at least 3 days before the next date of hearing i.e. 05/03/2025. 21. Additional (second) Compliance Report dated 04/03/2025 was reportedly filed on behalf of MCD, before the Hon'ble NGT and after a couple of postponements/hearings, the case was listed for further hearing on 03/11/2025.

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22. On 03/11/2025, the counsel for MCD again sought time to file yet another additional Compliance/status report by the way of affidavit giving all requisite details alongwith DDA approved layout. No observations of the Honorable NGT w.r.t. sufficiency or otherwise of the Compliance Report filed by MCD, are on record.

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23. Additional (third) Compliance/ Status Report dated 05/12/2025 was filed by MCD. The counsel for MCD again sought time for filing additional affidavit.

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Vide its order dated 08/12/2025, the Hon'ble Tribunal sought additional affidavit within a month specifically mentioning activities permissible/impermissible with reference to grievances raised in OA 09/2023 and the aspects highlighted before the Tribunal.

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In this regard the following additional submission on behalf of applicant may also be referred and requested to be taken on record:

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1. The applicant is satisfied with the order of NGT dated 05/07/2024 and its Compliance by MCD. Therefore, the MA 130/2024 may be disposed off as no further cause of action remains.

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2. The applicant is also satisfied on the restoration of the planter by MCD as per the Hon'ble NGT judgement and it is exactly the mirror image of the original planter in front of the house on the opposite side i.e. 4045.

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The actual ground situation is illustrated by the way of photograph attached as "Annexure-C".

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3. The complaint of the applicant before the Hon'ble NGT was limited to the wrongdoing by the owner/occupier of flat no. 4050 and the same has been redressed. No further cause of action remains.

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4. Respondent No. 1 and 2, i.e. the owners/allottees of House No. 4050, have not preferred any appeal against the judgment of the Hon'ble NGT pronounced on 05/07/2024, as they know it very well that they had demolished the planters and encroached upon the Government land.

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5. It is unrelated to the present case, however, it's important to mention that the applicant is a reputed engineer and is relentlessly working from last 25 years in Automotive Industry in the field of 'Vehicular Emissions reduction' by working on cleaner fuel technologies such as CNG and Hydrogen.

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In my journey so far, I have done more than 100 projects in supporting OEMS to meet Bharat Stage Emissions Norms, Alternate cleaner fuel technologies, Advance technologies such as Electric Vehicles (EVs) and HEVs for the betterment of the environment.

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In Sector C-4, DDA park also, the applicant helped RWA in arranging plantation of 125 trees in the year 2024.

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I also volunteered in multiple CSR initiatives of my previous employer for planation of trees and restoration of forest through an NGO at Aravali bio-diversity area in Gurgaon-Haryana.

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6. The continuation of this case, despite the redressal of the grievance and the request (dtd. 19/12/2023) of the applicant for the withdrawal of the OA 09/2023, is nothing but wastage of precious time and resources of the Hon'ble NGT, MCD, DDA and the applicant. In case Hon'ble NGT desires to exercise its powers beyond its jurisdiction i.e. permissible/impermissible activities not involving any question relating to environment arising out of implementation of the Acts mentioned in Schedule 1 of the National Green Tribunal Act, 2010, then it is humbly requested the objection of the applicant may be taken on record. It is causing undue harassment and loss of reputation to the applicant.

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I am a law-abiding citizen and the complaints filed by the R. No. 2-Ms. Sudha Verma (Now deceased) alleging unauthorized construction by the applicant, have been examined by the authorities concerned and filed, on account of them being found false and malicious.”

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This Tribunal has no jurisdiction with respect to removal of encroachments and unauthorized construction and issues concerning change of land use and violation of building plans are beyond the scope and purview of the proceedings before this Tribunal under Section 14 of the National Green Tribunal Act, 2010. For judicial precedence reference in this regard may be made to the observations made by the Hon’ble Supreme Court in Judgment dated 20.01.2026 passed in Raj Singh Gehlot and others Vs. Amitabha Sen and others (2026) SCC Online SC

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97.

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However, we are constrained to observe that any exercise of jurisdiction by respondent no. 4-MCD for removal of encroachments and unauthorized constructions has to be in accordance with the relevant statutory provisions and also with specific references to approved layouts pointing out such encroachments and has to be carried out without discrimination, arbitrariness and selective application of law to the few while excluding others similarly situated in the same area/premises.

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In view of the above discussed facts and circumstances, no further order is required to be passed on the present Miscellaneous Application which is disposed of accordingly.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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February 11^th , 2026 M.A. in Disposed of Cases No. 130/2024 In Original Application No. 9/2023 AB

¶140

Misc Application in disposed of cases No. 130/2024 in Original Application No. 9/2023 of Bharat Sehrawat v. Dr Umesh Verma

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Misc Application in disposed of cases No. 130/2024 in Original Application No. 9/2023 of Bharat Sehrawat v. Dr Umesh Verma

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