Anil Jain vs Govt. of NCT of Delhi & Ors.

“a. Direct the respondents to remove and demolish the illegal marriage house built inside the Shahdara Drain; and b. Direct the respondents to remove and demolish the illegal Parking stand built inside the Shahdara Drain; and c. Direct the respondent to take up desilting process of the drain regularly all the year round instead of conducting fake exercise for a month or two just prior to Monsoon season; and d. Direct the respondent to remove all the existing dumping grounds (dhalaos) constructed on the drain as more than 25% of garbage are thrown in to the drain at these sites and ban further construction of such dumping ground on drain; and e. Pass any other order as this Hon'ble Tribunal may deem just and fit in the facts and circumstances of the case in favor of the appellant and against the respondents.”

“9.

That upon noticing the said illegal activities, the answering respondent immediately took up the matter with the District Magistrate, Shahdara. Thereafter, with the assistance of the Sub-Divisional Magistrate, Shahdara, a joint action was undertaken on 22.08.2025 during the Special Task Force (STF) demolition and encroachment removal drive.

10.

That during the aforesaid STF operation dated 22.08.2025, the unauthorised parking, encroachments and illegal activities at the site were removed and the area was duly sealed in order to prevent any future encroachment or misuse. A copy of the proceedings/action taken report of the STF operation dated 22.08.2025 is annexed herewith and marked as Annexure-A(Colly).

11.

That it is respectfully submitted that, as on date, the Dhalao Ghar in question is being used exclusively as a site store for departmental purposes of the answering respondent. No public, private or commercial activities or functions of any nature are permitted or allowed at the said site. Photographs reflecting the present status and use of the Dhalao Ghar are annexed herewith as Annexure-B.

12.

That the answering respondent is regularly carrying out desilting and maintenance work of Trunk Drain No. 1 periodically, as and when required. 13 That it is further submitted that Trunk Drain No. 1 is a storm water drain meant solely for disposal of storm water from the catchment area. The answering respondent does not dump or permit dumping of garbage into the drain. No act or omission on the part of the answering respondent has caused any environmental damage. On the contrary, the answering respondent has taken prompt and effective steps to remove encroachments and obstructions and to ensure protection and maintenance of the drain.”