New Delhi, Jul 27 The National Green Tribunal (NGT) on Monday directed authorities to create bio-fencing by planting shrubs and trees as a restorative measure for a pond in the Kanganheri village in southwest Delhi’s Kapashera.
The green body was hearing an execution application seeking implementation of the tribunal’s September 2024 directions to “take appropriate steps for restoration of the pond to its original size and shape." The directions were passed in a matter seeking restoration of the encroached and polluted water body.
In its order on Monday, a bench of judicial member Justice Arun Kumar Tyagi and expert member A Senthil Vel noted that the Irrigation and Flood Control (I&FC) Department and the district magistrate of southwest district had filed status reports.
Noting the reports, it said that construction of a pucca permanent boundary wall to restore the pond could result in the obstruction of rainwater or surface run-off water flow from the catchment area to the pond, leading to its degradation and stagnation.
“Therefore, the option of creation of bio-fencing by way of plantation of an appropriate number of shrubs and trees on the periphery needs to be looked into, particularly so as the same will also add to the aesthetic look and contribute to control of air pollution.”
“Further, the pond needs to be periodically cleaned, and the authorities concerned have to ensure that solid waste is not dumped in the water or the periphery of the pond. For this purpose, appropriate display boards with appropriate warnings may be installed at the appropriate places,” the tribunal said.
It directed the DM to involve the deputy conservator of forests (DCF) concerned for carrying out the requisite plantation during the ongoing monsoon season.
“Admittedly, there are encroachments on the area of the pond and in the status reports, such encroachments have also been specifically mentioned. We clarify for the sake of abundant caution that mere filing of the present application and taking of cognisance of the same by this tribunal does not by itself warrant any demolition without following due course of law,” the bench said.
It directed the Delhi government authorities to list all the encroachments made and to ensure that appropriate eviction proceedings are initiated against all the encroachers in accordance with law, subject to orders passed by the Supreme Court, the Delhi High Court, or any other court of law.
It directed the filing of additional status reports regarding further action taken, including measures to prevent discharge of untreated sewage in the pond and removal of solid waste from the water and periphery of the pond.
The matter has been posted on September 8 for further proceedings.
