Harjeet Singh vs Akhil Gautam & Anr

Mr. Harjeet Singh resident of 56-C, Pocket-A, Dilshad Garden, Delhi-95 has filed the present application praying for direction for restoration of his share of common parking and action regarding illegal cutting of tree planted by him.

The applicant has submitted that he had planted one tree in the middle of common parking meant for four families in the year 1991 which was illegally cut in the year 2005-2007 by Mr. Devesh Gautam and Mr. Akhil Gautam. The above said persons have denied the use of common parking place to him by illegally barricading the whole parking space and constructed a wall with gates to prevent others from making its use. He approached Deputy Commissioner, MCD, Deputy Commissioner of Police, Shahdara, Station House Officer, P.S. Seemapuri and had also written letter to SDM, Shahdara but no action has been taken so far.

We have carefully considered the matter.  As  provided in Section 14 of the National Green Tribunal Act, this Tribunal has jurisdiction over all civil cases where a substantial question relating to environment (including enforcement of any legal right relating to environment), is involved and such question arises out of the implementation of the enactments specified in Schedule I.

So far as grievance of the applicant regarding denial of his share of the common parking is concerned, the same does not involve any substantial question relating to environment arising out of the implementation of the enactments specified in schedule I of the National Green Tribunal Act, 2010 and therefore this Tribunal has no jurisdiction to entertain and adjudicate the case in respect of the same.

So far as grievance of the applicant regarding illegal cutting of the trees planted by the applicant is concerned, as per his own averments the tree was illegally cut in the year 2005-2007. Section 14 (3) of the National Green Tribunal Act, 2010 provides that no application for adjudication of dispute under section 14 shall be entertained by the Tribunal unless it is made within a period of six months from the date on which the cause of action for such dispute first arose: Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be filed within a further period not exceeding sixty days. Section 15 (3) of the National Green Tribunal Act, 2010 provides that no application for grant of any compensation or relief or restitution of property or environment under section 15 shall be entertained by the Tribunal unless it is made within a period of five years from the date on which the cause for such compensation or relief first arose: Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be filed within a further period not exceeding sixty days. Due to long delay in filing of the application the remedy in respect of his alleged grievance of illegal cutting of the tree planted by him has also become barred by law of limitation.

In  view  of  the  above  the  application  is  disposed  of  without prejudice to availing of appropriate remedies by the applicant in respect of his grievance of denial of his share of common parking.