Environment

Daily Court Digest: Major environment orders (December 3, 2024)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal

DTE Staff

Encroachment of six ponds in Mundka village, Delhi

The National Green Tribunal (NGT), December 2, 2024, directed the vice-chairman of the Delhi Development Authority (DDA) to appear in person due to the lack of action taken for the restoration of six ponds in Mundka village, Delhi. The district magistrate of West Delhi and the managing director of the Delhi State Industrial and Infrastructure Development Corporation (DSIIDC) were also instructed to attend the next hearing on December 13, 2024.

In the interim, the tribunal said the authorities concerned could submit the steps taken to restore or rejuvenate the ponds to their original state.

The case pertains to the restoration of six ponds in Delhi that have been encroached upon or filled through unauthorised construction. In an order dated October 25, 2024, the tribunal observed that five of the six ponds in question are under the possession of the DDA, while one is under the DSIIDC.

On October 25, the DDA’s counsel stated that steps were being taken to restore the ponds under its possession, and significant progress was expected within a month. A compliance report was also promised. However, the court noted that no such report has been submitted to date.

The last document submitted by the DDA was a short affidavit dated August 21 2023, with no subsequent status reports filed. During the December 2, 2024 hearing, the DDA’s counsel claimed that restoration work was ongoing, but when pressed for details, the required information was not provided. For the pond under the DSIIDC, no representative was present, nor had any reply been filed.

Under the Wetlands (Conservation and Management) Rules, 2017, the district magistrate is the chairperson of the District Wetland Committee and is responsible for ensuring waterbodies are not damaged, encroached upon, or degraded. However, the tribunal said no effective action has been taken in this instance and no evidence has been provided to support claims of restoration efforts.

The applicant, Jeet Singh Yadav, on November 7, 2024 stated that no restoration work was being carried out at the sites of the ponds. On the contrary, encroachment was continuing. He alleged that at Guhli Talab, a wall and rooms surrounded by boundary walls had recently been constructed, converting the area into a religious site. Yadav also reported the matter to the sub-divisional magistrate. 

Additionally, the applicant claimed that BSES Rajdhani Power Limited had encroached upon pond land by constructing a fenced room to house a transformer. However, no action has been taken by the district authorities in this regard.

The matter arose from a letter petition filed by Yadav, a resident of Mundka village, concerning the illegal filling of ponds and their conversion for other uses, such as new projects and land grabbing. In particular, the applicant highlighted Shangushar, Guga, Johdi and Guhli ponds, which have reportedly been filled and repurposed illegally.

The applicant further alleged that water from the historic Shishuwala Talab had been drained using two pump sets for over two months. A road was reportedly being constructed on the pond land to the west, while soil dumping and levelling were being carried out to alter the land use and facilitate land grabbing.

Pollution of waterbodies in Bhaderwah, Jammu & Kashmir

The executive officer of the Municipal Committee, Bhaderwah, Jammu and Kashmir, has deposited an environmental compensation of Rs 11.55 lakh for failing to address waterbody pollution in the area. This was revealed in a report filed by the Jammu and Kashmir Pollution Control Committee (JKPCC) on November 30, 2024, in compliance with an NGT order dated August 21, 2024.

The JKPCC report detailed the actions taken by the Municipal Committee to remedy the situation. These included the identification of land for constructing a sewage treatment plant (STP). The director of Urban Local Bodies, Jammu, has been requested to engage a consultant to prepare the detailed project report for the STP.

A three-member committee has been constituted to identify defaulters, including private households and government entities, whose latrine outlets discharge directly into waterbodies within the municipal limits. To date, 130 notices have been issued, with further legal action pending.

Initial water samples collected by the Pollution Control Committee revealed unsatisfactory results. However, following corrective measures by the Municipal Committee, subsequent water quality tests have shown improvement. Daily cleaning of the nallahs is being carried out by the Municipal Committee and progress on cleaning the landfill site remains on track for completion by March 2025.

The report also addressed the issue of the Puneja nallah, Neeru nallah and Halyan nallah, which originate in rural areas and transport significant amounts of plastic and other waste. This waste often becomes clogged within the municipal limits, exacerbating waterbody pollution. The block development officer has been requested to implement measures to manage and reduce the flow of waste into these nallahs.

The Municipal Committee has intensified action against individuals and entities dumping solid and liquid waste into the tributaries of the Neeru river within the municipal area. Notable improvements have been observed in the Puneja nallah, Halyan nallah and Gupta Ganga. To further manage solid waste, the Municipal Committee has initiated biomining at the landfill site in Dranga.