TATA POWER DELHI DISTRIBUTION LTD. Vs. MANOJ MISRA

JUDGEMENT

(1.) Respondent No.1 filed Original Application No.6 of 2012 under Section 14 and 15 read with Section 18 (1) of the National Green Tribunal Act, 2010 before the National Green Tribunal, Principal Bench, New Delhi (hereinafter, 'the Tribunal'). The subject matter of the application was the encroachment and dumping of building debris in the river bed/flood plain and the natural water body of river Yamuna. O.A. No.300 of 2013 was also filed by Respondent No.1 complaining of ongoing encroachment and the conversion of Kushak drain into parking and road-cum-parking space, conversion of land use of the Shahdara Link Drain from 'utility' to 'commercial', and proposed construction of commercial undertaking in the form and nature of 'Delhi Haat', over and above the drain. The grievance of the Respondent No.1 was that the conversion of the drains has reduced the easy and efficient drainage and compromised the biodiversity present in and along the drains and their ability to recharge ground water. The Tribunal divided the issues involved in the O.As. into:

(2.) Expert Committees were constituted by the Tribunal which submitted their reports on 19.04.2014 and 13.10.2014. After a careful scrutiny, the Tribunal accepted the reports of the Expert Committees.

(3.) The O.As. were disposed of by the Tribunal by its judgment dated 13.01.2015 in which several directions were issued. The Tribunal heard several Miscellaneous Applications that were filed in the O.A.s and issued directions for the phased implementation of the judgment dated 13.01.2015. In this appeal, we are concerned with directions 15, 16 and 17 which are as follows: