NGT cannot allow withdrawal of environmental applications raising substantial public interest issues; must ensure full remedial restoration including plantation, beyond mere encroachment removal.

Judgment

PRONOUNCED BY: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JM

1. The applicant-Mr. Bharat Sehrawat resident of Flat No. 4052, Sector C, Pocket 4, Vasant Kunj, New Delhi, filed the present application 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.

2. Briefly stated the applicant has submitted in the application that in the original layout DDA has made the provision of green area-planter in front of the above said flats. Dr. Umesh Verma, the owner of Flat No. 4050, Sector-C, Pocket 4, Vasant Kunj, New Delhi has encroached upon and removed platform of the green planter area, laid pucca concrete flooring and enclosed the same in his flat by building a concrete boundary wall around it in complete disregard of the Rules. The applicant and his family have been illegally deprived of the environmental services of green planter area and their privacy and personal safety has also been threatened by providing easy access for climbing to the balcony of the flat of the applicant.

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

“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 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.

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.

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.

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.

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

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.

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.

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.

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.

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 a