Tribunal limits jurisdiction to environmental protection of green belts and trees, excluding land acquisition disputes, directing demarcation and compliance.

ORDER

1. The Residents Welfare Association having its office at Kaveri Apartment, D6, Vasant Kunj, New Delhi has filed the present application seeking order for saving green belt on Kaveri Apartment’s exit gate road.

2. In the application, the applicant association has submitted that green belt at both sides of road connecting Masoodpur Road to Kaveri Apartment exit gate and Yamuna Apartment, D6, Vasant Kunj, New Delhi, with coordinates as mentioned in the application, was left by the concerned urban planning Authorities for greenery and breathing of earth. The green belt has been encroached upon by building brick wall at the footpath in November 2022 and trees existing in the greenbelt were illegally cut by respondent no. 1-Mr. Uday Punj on 05.12.2022.

3. Caveat was filed by Mr. Uday Punj (impleaded as respondent no. 1 in the present application) for granting him opportunity of being heard before passing of any injunctive order on application, if any, filed in respect of property bearing Khasra Nos. 480/396/87 (3-12), 479/396/87 (3-12), 86 (9-12), 88 (9-17) and 67 (4-01) measuring 30 bighas 14 biswas situated in the area of Village Masoodpur, New Delhi.

4. Vide order dated 05.01.2023, notices were ordered to be issued to respondents no. 1 to 5. Consequent thereto responses were filed by the respondents which have been placed on record.

5. I.A. No. 817/2023 has been filed by respondent no. 1 for placing on record copy of order dated 21.07.2023 passed by Hon’ble Supreme Court of India in Miscellaneous Application diary No. 4543/2023 which is allowed and copy of above said order is taken on record.

6. I.A. No. 42/2024 has been filed by applicant praying that the name of Residents Welfare Association Vasant Kunj D-6, Kaveri Apartment through its Vice President Ms. Richa Jain be substituted in place of Mr. Kamlesh Jonwal President, Residents Welfare Association Kaveri Apartment, D-6, Vasant Kunj, New Delhi. In view of the fact that Mr. Kamlesh Jonwal has resigned from the post of the President of RWA and the reasons mentioned in I.A No. 42/2024, the same is allowed and name of Residents Welfare Association, Kaveri Apartment, D-6, Vasant Kunj, New Delhi through its Vice President Ms. Richa Jain is substituted as applicant in place of Mr. Kamlesh Jonwal President, Residents Welfare Association Kaveri Apartment, D-6, Vasant Kunj, New Delhi. The Registry is directed to amend memo of parties accordingly.

7. In compliance thereof report was filed by respondent no. 2-DDA vide email dated 13.12.2023.

8. Vide order dated 13.12.2023 this Tribunal permitted filing of objections to the demarcation report and directed District Magistrate, New Delhi and DDA to file specific response with respect to the aspects mentioned therein. The relevant part of the order is reproduced as under:-

“13. The factual situation emerging from the rival contentions and material placed on record is full of complexity. Construction of barat ghar, pump house and road and development of green belt by itself shows that possession of the land underneath the same was taken by DDA. Questions arise as to when possession of the land on, which barat ghar, pump house and road were constructed and on which green belt was developed, was taken by DDA and when barat ghar, pump house and road were constructed and green belt was developed and whether the facts about such construction of barat ghar, pump house and road and development