Judgment of the National Green Tribunal regarding encroachment of land, Saket, Delhi, 20/12/2023

  • 20/12/2023

Judgment of the National Green Tribunal in the matter of Hari Vs Government of NCT of Delhi dated 20/12/2023.

The matter related to encroachment of land behind the graveyard near Max Hospital, Saket, Delhi. Trees like neem, babool, peepal have been cut from the green belt and people are storing scrap material. They are also burning plastic, polythene bags and electricity wires which results in emission of poisonous gases causing air pollution.

With respect to land encroachment, the court said that the "aspects of law of encroachments over the land" does not fall within the jurisdiction of the tribunal. Appropriate action for removal of encroachments is to
be taken by the concerned authorities in accordance with law and no intervention by the court in respect thereof is called for. 

From the material on record the court observed that the land in question falls in khasra no. 197 (5-11) and 198 (2-10) of village Hauz Rani, Delhi. Some jugghies were present behind the Kadeem Zari Muslim Eidgah, Hauz Rani village. Some scrap material shops were observed which were being operated by the people living in juggis. Plastic, polythene bags and other dump material were found dumped in the land. As per report of the joint committee and report of the site inspection carried out by DDA naturally fallen trees were found and no tree was found to have been manually cut or fallen by encroachers. No burning of plastic, polythene bags or electric wires was observed by the Joint Committee. However unauthorized encroachments exist.

As some scrap material shops are being operated by the people living in jhuggies and plastic, polythene bags and other material is dumped in the land in question, it needs to be ensured that scrap dealers operate with due authorization under the rules and follow safety norms. Further, it has also to be ensured that no environmental damage including damage to the green-belt/trees is thereby caused. The statutory authorities should take appropriate remedial measures in accordance with law.