Land with incidental greenery and public use not deemed public park without statutory designation or approved layout plan.

ORDER

1. Sh. Sanjeev Jain, applicant has appeared in person and advanced his submissions at length.

2. This original application (hereinafter referred to as ‘OA’) has been filed under Sections 14 and 15 read with Section 18(1) of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) raising a complaint that respondents have taken illegal and unauthorized possession of East MCD Park at Patpar Ganj Village Chowk at East Delhi and carrying out illegal activities like installation of distribution and transmission Transformers, causing damage to plants, trees and greenery in the park and also disrespecting our National Flag.

3. The facts in brief stated by applicant are that he is a resident of B- 94,Lane No.10, Shashi Garden, Patparganj, New Delhi; he is interested in protection of environment to enjoy and exercise his right of clean environment guaranteed vide Article 21 of the Constitution of India and also to perform his constitutional duty enshrined under Article 51; there is a public park near EDMC Shyama Parshad Mukherji Chest T.B. Hospital Opposite Bapu Public School, Patparganj Village Chowk in East MCD Park, Delhi which belongs to Municipal Corporation of Delhi (hereinafter referred to as ‘MCD’) i.e respondent.01; the said public park earlier had lot of greenery and local habitants used to have their morning and evening walk for betterment of their health and children of local habitants also used to play in the public park; there were many small and big trees in the said park which are very important for health of the general public including children as green plants and trees play a major role in decreasing pollution in the Environment; one IGL Gas Pipeline Chamber Box is running underneath the land of the park and if the said pipeline gets damaged, may cause a blast in the area and result in several causalities; Respondent 4 i.e. BSES Yamuna Power Limited (hereinafter referred to as ‘Project Proponent’) has been doing illegal activities in the said Park; on 22.04.2022 and onwards, illegally, got possession of the entire area of the park; respondent 4 also removed all the plants and trees from the park, damaged sitting area in park and illegally installed electric high-voltage sub-stations; respondent 4 has removed the entire grass from the land of the park and placed concrete structure, there was a water hand-pump in the park which has also been damaged by respondent 4; only a big tree standing on the left of the park has been allowed to stay; respondent 4 in substance has installed a 33,000 high-voltage (33 KLD) sub-station near the said big tree which is standing in the park; oil mainly from the sub-station is leaking, going to the roots of the said tree, causing damage to the roots; Department of Power, Government of Delhi has made a new land policy on allotment of land to power utilities for construction/expansion of power related infrastructure in Delhi which has been issued by joint Secretary and the said policy has not been changed till date (copy of the said Policy has been placed on record as Annexure-A-2 at page no. 58 of the paper book); respondent 4, in fact, made its first attempt of installation of electric transformer in the said park in January, 2021 whose against applicant made a complaint dated 19.02.2021 to Chief Minister of Delhi alleging that park is being used for installation of electric transformer without any statutory permissions/clearance etc., and damagi