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Item Nos. 07 & 08

Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

Execution Application No. 16/2019

(Earlier O. A.No.153/2014)

(M.A. No. 85/2022)

Indian National Trust for Art &

Cultural Heritage Ishika

Applicant

Versus

Govt. of NCT of Delhi &Ors.

Respondent(s)

WITH

Original Application No. 470/2022

Rao Satvir Singh & Anr.

Applicant(s)

Versus

Union of India & Ors.

Respondent(s)

Date of hearing:

16.02.2023

CORAM :

HONBLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HONBLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

HONBLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER

HONBLE DR. A. SENTHIL VEL, EXPERT MEMBER

HONBLE DR. AFROZ AHMAD, EXPERT MEMBER

Applicant:

Mr. Akash Vashishtha, Advocate for Applicant in E.A 16/2019

Mr. Ravinder Yadav, Applicant in Person in OA 470/2022

Respondent: Ms. Jyoti Mendiratta, Advocate for GNCTD

Mr. Rahul Khurana, Advocate for the State of Haryana, HSPCB & MCG

Mr. Rahul Pratap, Advocate for MoEF & CC in OA 470/2022

ORDER

1.

This order will deal with two matters - Execution Application No.

16/2019 in O.A. No.153/2014 and OA No. 470/2022 as both matters

involve common issue of compliance of orders of this Tribunal for remedial

steps for rejuvenation of Najafgarh lake, a transboundary wetland on

border of Delhi and Gurgaon in Haryana. Damage to the lake is by

discharge of waste and encroachments.

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2.

We may give brief background of the proceedings.

3.

E.A No. 16/2019 has been filed for execution of earlier orders of the

Tribunal on the subject. Vide order dated 17.09.2020 in E.A No. 16/2019,

the Tribunal directed preparation of Environmental Management Plan

(EMP) jointly by the State of Haryana and the NCT of Delhi. The MoEF&CC

was directed to steer the proceedings for preparation of EMP with the

assistance of the CPCB. Further follow up directions were issued on

17.06.2021 and 21.01.2022. The Tribunal considered EMPs filed by State

of Haryana and Delhi Government and also report of CPCB dated

13.12.2021 to the effect that Wetland Division, MoEF&CC had proposed

draft Notification to declare Najafgarh Wetland as transboundary wetland.

The integrated EMP for the same was to be prepared. MoEF&CC

constituted Inter-Ministerial Expert Group on 19.01.2022 for remedial

measures for rejuvenation of Najafgarh drain.

4.

The Tribunal disposed of the matter directing as follows:-

11.

1 (2017) 7 SCC 805

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12.

5.

Report dated 18.08.2022 filed by Haryana State Wetland Authority

is that the State of Haryana has prepared its action plan for treating waste

water and to utilize the treated water for agricultural purposes for which

necessary funds have been allocated. Tenders have been allotted and 50%

work completed. Remaining work is likely to be completed by 19.01.2024.

6.

The report of the Delhi Government gives status of action taken in

respect of different action points for rejuvenation of the lake. Immediate

measures include assessment and monitoring for management, planning,

de-silting, construction of regulators in embankments and developing

wetland management plan. Medium-term measures are setting up of

DSTPs and remediation of the drains. Long-term measures are ecological

restoration and flood control.

7.

In O.A No. 470/2022, a joint Committee of CPCB, DPCC, DJB,

Irrigation and Flood Control Department, Govt. of Delhi and District

Magistrate, South West Delhi has filed a report giving the extent of

pollution and recommending monitoring of treatment of sewage and other

effluents discharged in the lake in Haryana and Delhi.

8.

The Tribunal vide order dated 30.11.2022 noted the earlier order of

the Tribunal dated 27.01.2021 in O.A No. 06/2012 with regard to

rejuvenation of River Yamuna and held that the matter can be considered

along with pending matter of rejuvenation of River Yamuna in O.A NO.

562/2022,

Ishika v. Govt of NCT of Delhi. The said matter has been dealt