News: NGT dismisses plea seeking review of order on removal of illegal constructions in south Delhi-12-04-2021
NGT dismisses plea seeking review of order on removal of illegal constructions in south Delhi
A bench headed by NGT Chairperson Justice A K Goel said direction for removing the encroachment could not be recalled while the issue as to whether the encroachment is there or not is yet to be determined by the statutory authorities.
NEW DELHI: The National Green Tribunal has dismissed a plea seeking review of its order directing removal of illegal constructions in south Delhi's Jaunapur and Dera Mandi forest areas.
A bench headed by NGT Chairperson Justice A K Goel said direction for removing the encroachment could not be recalled while the issue as to whether the encroachment is there or not is yet to be determined by the statutory authorities.
"Since the tribunal has not undertaken the exercise of determining individual issues and only directed compliance of mandate of law by statutory authorities, if the applicants are aggrieved, they are free to take their appropriate statutory remedies against orders by which they are aggrieved," the bench said.
The NGT had earlier directed the Delhi government to remove illegal constructions in south Delhi's Jaunapur and Dera Mandi forest areas, saying forest laws cannot be defeated by allowing encroachments.
The tribunal had noted the submission that the proposed demolition on August 18, 2020, could not be held due to the non-availability of the police force despite informing them well in advance to depute sufficient police on the date of demolition.
"While it is true that removing such encroachment is a challenge but if the Rule of Law is not to be enforced, we will have a lawless society. Forest laws cannot be defeated by allowing encroachments and thereafter pleading helpless in enforcing the law," the bench had said.
According to the status report filed by the Deputy Commissioner, South District, there are about 5,000 encroachers and 750-800 structures set up illegally over a period of time and about 3000 encroachers are living at another camp.
The tribunal was hearing a plea by south Delhi resident Amarjit Singh Nalwa and others seeking execution of a 2015 NGT order directing the Delhi government to remove encroachments.
The plea stated that unauthorised constructions are going on in the said area and the authorities are not taking any steps to stop them.
