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Judgment
Application under Section 14 of the National Green Tribunal Act, 2010.
The applicants, residents of Sector-41 Gurugram, have filed the present application under Section 14 of the National Green Tribunal Act, 2010 seeking restoration of water body (Johad) as shown in the map annexed with the application and greenbelt area surrounding the water body and to set aside and declare as illegal the notification for E-auction initiated by respondent No.3.
The applicants have submitted that he has purchased plots in sector 41 Gurugram and constructed their houses on prior to the year 1999. There exists a water body adjoining the colony which was being used by the villagers as well as residents of the locality. During the period 1999-2022 certain builders and developers acting in connivance with influential people gradually filled up the water body with the ulterior motive to encroach upon the same and the land of the water body is being used at present as a dump yard for construction debris and other waste. The applicants sent representations to the Administrative Authorities for restoration of the water body and greenbelt surrounding the same but to no effect. Respondent No.3-Haryana Shehri Vikas Pradhikaran (HSVP) has revised layout plan of Sector-41, Gurugram making provisions for construction of a commercial complex on the area of 6740.58 sq. meters and has issued a notification for E-auction of the above said land where in the water body and surrounding greenbelt is being made available for E-auction for construction of the above said commercial complex. The notification has been published on the web portal of respondent no.3 and auction is scheduled for 29.05.2022. The said action of respondent no. 3 is illegal, arbitrary, malafide against environmental norms and judgments rendered by this Tribunal as well as various courts.
Alongwith the original application the applicants also filed application IA No. 132/2022 for interim injunction.
Vide order dated 26.05.2022, notices of the O.A as well as I.A. were ordered to be issued to the respondents.
Pursuant to notice replies were filed by respondent no. 2 vide email dated 18.11.2022 and respondent no. 3 vide email dated 22.11.2022.
In its reply respondent no. 2- Municipal Corporation of Gurugram (MCG) has submitted that the land in question falls under Khasra no. 26/26/2 of Village Silokhra, Gurugram and the same is under the ownership of respondent no.3. The OA has been filed primarily against the proposed construction of a commercial complex in respect of which, a notification was published by the Respondent No.3-HSVP for e-auction to be held on 29.05.2022 and prayer has been made for restoration of water body on the land under ownership and control of Respondent No.3-HSVP. Grievance of the applicant is mainly against the Respondent No.3-HSVP and no cause of action has arisen against respondent No.2 MCG in respect thereof. In respect of dumping of Construction & Demolition (C&D) waste on the land referred in the OA, respondent No.2-MCG has submitted that it is not using the land in question as secondary point for collection and transportation of C&D waste. Rather, the same might have been dumped by residents of near vicinity. The applicants have not impleaded the persons involved in dumping of C&D waste on the land in question. The respondent No.2 has already entered into an agreement with M/s ILFS Environmental Infrastructure and Services Limited (now, Indo Enviro Integrated Solutions Ltd.) to set up, operate and maintain C & D Waste Management facility for processing of the C&D Waste as per relevant Rules. Accordingly, the concessionaire has already established the C & D Waste processing facility at village Basai (Gurugram) for proper disposal of C & D waste generated in Municipal Limits of Gurugram. The C & D waste is being lifted and sent to this designated site for scientific disposal through the concessionaire. After receiving request from the respondent no.3-HSVP, waste material was immediately lifted and sent to designated site by the respondent No.2-MCG and no malba is presently lying on the spot/site.
In its reply the respondent No.3-HSVP filed vide email dated 22.11.2022 has inter alia made the following submissions :-
“REPLY ON BEHALF OF RESPONDENT NO.3 - HARYANA SHEHRI VIKAS PRADHIKARAN
X X X X
That the issue raised by the Applicants against the answering respondent is only with respect to E-auction notification published on website of answering respondent, in respect of the commercial site situated at Sector-41, Gurugram.
That it is respectfully submitted that the answering respondents approved the layout plan of the area in question situated in Sector-41, Gurugram which was amended vide memo No. Chief Town Planner/AM/213853 dated 26.10.2018. As per the approved plan in the land in question, there was planned for 02 nos commercial complex site measuring 6751.85 sq mtrs. and 4325 sq mtr. and 1 number multiplex GH site measuring 4000 sq mtrs. A copy of the plan is attached as Annexure R-3/I.
That the answering respondents amended its layout plan of the land in question, vide memo No. 47921 dated 28.03.2022 wherein 5 numbers showroom (15 x30 m), 4 number showroom (20 x 30 m) and 1 number commercial complex site measuring 6740.58 sq mtrs was planned in lieu of earlier planned commercial area. A copy of the letter dated 28.03.2022 alongwith approved layout plan is attached as Annexure R-3/1.
That it is respectfully submitted that the site for water body is not affected by the re-planning of the already planned commercial area and the water body was kept intact. Thus, no cause of action has arisen against the answering respondent and the present application is liable to be dismissed on this ground only.
That the petitioner has therefore not come to the court with clear hands and has suppressed material facts with regard to the planning and location of the land. The answering respondents are the owners of the land and are competent under section 15 of the HSVP Act read with Haryana Shehri Vikas Pradhikaran (Disposal of Land and Building) Regulations 1978 to dispose of its land.
That in regard to the issue in respect of water body being used as dumping yard for construction debris and waste by unknown people, the same pertains to Respondent no. 2 i.e Municipal Corporation of Gurugram and the answering Respondent has already sent a communication bearing Memo no. 6359 dated 02.08.2022 to the Commissioner, Municipal Corporation, Gurugram to direct the concerned officer to clear the site at the earliest. A copy of Memo no. 6359 dated
08.2022 is annexed herewith as ANNEXURE R3/2.”
In the course of hearing on 23.11.2022 learned counsel for HSVP sought one months’ time to file detailed reply with requisite particulars as to current status of the water-bodies along-with the copies of the relevant documents.
Reply has been filed by respondent no. 3-HSVP vide email dated 01.01.2023 which is reproduced below:-
“Reply on behalf of respondent no.3- Haryana Shehri Vikas Pradhikaran.
X X X X
That it is submitted that land bearing Khasra No. 26//26/2(24K-15M or 3.10 Acres) pond area situated in village Silokhra entered as gair mumkin nallah in revenue record, has been acquired vide award No. 18 dated 30.08.11. The possession of the acquired land was taken by answering Respondent-HSVP vide rapat No. 479 dated 30.08.11. Hence, HSVP is the custodian of water body and surrounding green belt.
That the actual area/dimensions of the water body as per revenue records is 3.10 Acres. It is respectfully submitted that the answering respondent approved the layout plan of the area in question situated in Sector-41, Gurugram which was amended vide memo No. Chief Town Planner/AM/213853 dated 26.10.2018. As per the approved plan in the land in question, there was planned for 02 nos. commercial complex site measuring 6751.85 sqmtrs. and 4325 sqmtr. and 1 number multiplex GH site measuring 4000 sqmtrs.
That the answering respondent amended its layout plan of the land in question, vide memo No:, 47921 dated
03.2022 wherein 5 numbers showroom (15 x30 m), 4 number showroom (20 x 30 m) and 1 number commercial complex site measuring 6740.58 sqmtrs was planned in lieu of earlier planned commercial area.
That it is respectfully submitted that as per approved part revised layout plan, the planning of Showroom No. 6 & 7 (measuring 30 x 20M) are affected with the pond area. A copy of part revised layout plan Sector-41, Gurugram is annexed herewith as ANNEXURE C-1. Therefore, the area/dimension of water body which was earlier 3.10 Acres is now re-worked and now a total area of 4.40 acres as shown in purple colour has been earmarked and left out for water body alongwith surrounding green belt as per part approved part revised layout plan. A copy of reworked part revised layout plan, Sector-41, Gurugram _ are annexed as ANNEXURE C-2.
That it is submitted that at present there is no water at the pond at present and the site is lying vacant with overgrown shrubs and trees. Photos of the pond area are annexed as ANNEXURE C-3.
That it is humbly submitted that the HSVP is committed to restore the water body and an estimate of Rs.292.70 Lacs for development of the area is under administrative approval. It is submitted that once the approval be received, the tender document will be prepared and approved and after that a three weeks tender will be floated and accordingly restoration work will be awarded. It is humbly submitted that this whole process may take about 9 to 10 months. The estimate to get the work of development of water body and other infrastructure of the sector concerned as received from Superintending Engineer, HSVP, Circle-II, Gurugram and Horticulture, Gurugram are annexed as ANNEXURE C-4 & 5.”
When the matter came up for hearing on 17.01.2023, learned Counsel for the applicant raised objections to the submissions made in the replies filed by respondent No.3 HSVP and the applicant was permitted to file rejoinder to the replies of respondent no. 3 incorporating his objections to the submissions made in the same. In view of the submissions made in the additional reply filed by respondent no. 3 and action required to be taken for restoration of the water body, presence of CEO, Gurugram Metropolitan Development Authority and Chairman, Gurujal, Haryana, was considered to be necessary for just and proper adjudication of the questions involved in the case and they were accordingly impleaded as respondents no. 4 and 5. The respondents no. 2 and 3 were also directed to file additional replies giving requisite details regarding action to be taken for restoration of the water body with budget estimate, requisite details regarding catchment area/connection of storm water drains to the same and green belt etc. with specific timelines.
In compliance of order dated 17.03.2023, rejoinder to the replies of respondent no. 3-HSVP has been filed by the applicants vide email dated 13.03.2023.
In the rejoinder the applicants have submitted that the reply filed by Respondent No.3 reiterates and affirms the existence of a johad (pond) at Khasra No. 26/2. A bare reading of the reply dated 31.12.22 as well as the short reply dated 22.11.2022, filed by the respondent No.3 reveals that [i] There was a johad which existed at Khasra No. 26/2 plot of land; [ii] The said pond has ceased to exist on account of the illegal activities by various nefarious elements who have used the said land as a dump-yard; and [iii] Respondent No.3 has failed to take any action in respect to the restoration of the said water body or against the nefarious elements illegally encroaching upon the area, and it is only after the filing of the present original application before this Tribunal that the slumbering state machinery has been throttled back into motion in order to remove the said illegal occupation of the land, otherwise allotted towards community resource. The reply of the respondent No.3 reveals that the development of certain showrooms as well as one commercial complex is contemplated in the area around the pond as per its revised layout plan. Showroom nos. 6 and 7 are encroaching upon the area wherein the green-belt (catchment) surrounding the pond existed. The respondent No.3 has laid considerable emphasis on the fact that the original area for the pond was contemplated to be 3.1 acres which has now been increased to 4.4 acres in their revised layout plan. However, a perusal of the revised site plan reveals that the excess area which has been allotted as catchment area for the pond is completely disjointed from the said water body and is not effective catchment for the same. The area has been merely increased on paper by allotting excess land on the fringes. which was, in any case, not allotted towards the development of the commercial complex of the adjacent showrooms. Khasra No. 26/2 formed a part of panchayat land, the adjoining area of which was allotted to M/s Unitech. During the relevant time, water was being pumped through motors into the storm water drains, which were connected to Sector 41 and other areas adjoining the pond by M/s Unitech. This water was redirected from these adjoining areas directly into the pond. After the control of land was overtaken by the respondents, the said practice was discontinued and the said storm water drains have now dried up over the decades. This has aggravated the problem of flooding in the adjoining areas, when in fact, it is the same water that can easily be redirected towards rejuvenation of the pond and at the same time rid the residents of the menace of excessive flooding during rains. Allotment of land for the development of commercial complexes/showrooms/multiplexes is without any rationale classification, unlike the narrow class exempted, and it does not serve a social public purpose or benefit the local people and is thus hit by the inalienability bar in view of judgments of Hon'ble Supreme Court. The actions of the respondent No.3-HSVP are in contravention of its Constitutional obligations. The increase in land allotted towards the betterment of the water body is only mathematical and academic, and does not substantially contribute towards very purpose for the existence of a catchment area around a pond. The respondent No.3 has already released an e-auction for the purpose of construction of the commercial complex and its adjoining showrooms and parking area but the tender for the restoration of the water body is yet to be issued which is to take 9-10 months. The respondent No.3 is prioritizing the commercial projects before environmental ones in gross violation of public trust. The applicants have reiterated their prayer that the present Original Application may be allowed by granting the reliefs as prayed for.
Reply has been filed by the respondent no. 4 vide email dated 17.03.2023. In its reply the respondent no. 4 has submitted that grievance of the applicants is mainly against the Respondent No.3-HSVP as the land to be restored as water body is under ownership of the Respondent No 3 and any activity on the land in question is to be carried out by the Respondent No.3 only. The respondent No.4 can provide treated waste water, if the respondent no 3 gets connection from main pipeline of treated waste water from the respondent No.4.
Additional reply has been filed by respondent no. 3-HSVP vide email dated 16.03.2023. The relevant part of reply of respondent no. 3 is reproduced below:-
“ADDITIONAL REPLY ON BEHALF OF RESPONDENT NO.3 - HARYANA SHEHRI VIKAS PRADHIKARAN
X X X X
That on the last date of hearing, it was submitted on behalf of answering Respondent that land bearing Khasra No. 26//26/2(24K-15M or 3.10 Acres) pond area situated in village Silokhra entered as gair mumkin nallah in revenue record, has been acquired vide award No. 18 dated 30.08.11. The possession of the acquired land was taken by answering Respondent-HSVP vide rapat No. 479 dated 30.08.11
That it was further informed the HSVP is committed to restore the water body.
That it was further submitted that answering Respondent had approached `GURUJAL’ on 09.01.2023 to guide/instruct or supply particular drawing/ specification/DPR for developing of pond. GURUJAI, is an integrated water management unit of District Administration Gurugram, which aims to address the various fields for improving water table of District such as restoration and rejuvenation of Pond, preparation of DPR for ponds and RW1I, construction of RWH.
That further site was visited by the team of GURIJJAI, and vide letter dated 13.01.2023, it has been informed by GURUJAI, that they would require atleast 15 days to prepare detailed project report and will submit it by January 28th, 2023. however, the final Detailed Project report was received from GURUJAL, only on March 15th, 2023. A copy of DPR prepared by GURUJAI, is attached herewith as Annexure R-3/1.
6, That it is submitted that total area for the development of pond is approximately 4.4 acres which will consist of green area and water body. The water body will spread across 6130 sq.m having a depth of approximate 3 meters. The capacity of water body will be 18390 cum. A master layout plan of Pond as prepared by GURUJAL, is attached herewith as Annexure R-3/2.
7 That it is submitted that to fill the water body, the rainwater will be diverted through the Major Storm Water Drain which is coming from HUDA City Metro Station and proposed approached road. Also the rainwater from remaining free area will also be diverted into the pond, which is approximately 4 acres of area.
That it is submitted that to maintain the water level into the pond a letter was written to Gurugram Metropolitan Development Authority was requested vide letter dated 27. 02.2023 for its consent to divert a minimum of 150KL of water from the nearby treated waste water Pipeline. A copy of letter dated 27.02.2023 is attached herewith as Annexure R-3/3.
That the Gurugram Metropolitan Development Authority vide it's letter dated 13.03.2023 informed that the tertiary treated waste water is available for Sector 41 Gurugram. The tertiary treated waste water is available for use in Non-potable purposes only. A copy of letter bearing Memo No. GMDA/SEW/2023/193 dated 13.03.2023 received from GMDA is attached herewith as Annexure R-3/4.
That it is submitted as per the DPR a revised estimate is provided for Rs. 2,59,45,899 (Rupees Two Crores Fifty Nine Lakhs Forty Five Thousand eight hundred and Ninety-Nine only). The same will now be sent for administrative approval and as soon as the administrative approval he received, the tender document will be prepared and approved and after that a three weeks tender will be floated and accordingly restoration work will be awarded.
That it is submitted that once the approval be received, it will take around 12 months to complete the project as mentioned in Annexure 4 of DPR.
In view of the above stated facts and circumstances mentioned herein-above it is humbly submitted that the further action for restoration will be taken after receiving the administrative approval of DPR/estimate."
Reply has been filed by respondent no. 5 vide email dated 13.03.2023. In its reply the respondent No.5 has submitted that grievance of the applicant is mainly against the Respondent No. 3-HSVP as the land to be restored as water body falls under the ownership of the respondent No.3-HSVP and any work over the land in question is to be carried out by the respondent no. 3-HSVP for which the respondent No.5 is ready and willing to provide its full assistance as and when required by the respondent no. 3-HSVP. Vide letter no. 5968 dated 09.01.2023, the respondent No.3-HSVP requested the Gurujal Society to prepare a DPR for the development of water body/pond in Sector 41, Gurugram and accordingly, a DPR was submitted by Gurujal Society vide letter no. 31/Gurujal dated 15.03.2023. If Respondent No.3-HSVP requires any more assistance from the respondent No.5 the same will be provided at the earliest.
We have learned Counsel for the parties and gone through the material on record carefully.
In their arguments learned Counsel for the parties have reiterated their respective stands taken in the application and replies respectively.
In OA 325/2015 titled as Lt. Col. Sarvadaman Singh Oberoi vs. Union of India and others this Tribunal considered the issues of identification, protection and restoration of water bodies initially in applicability thereof to Gurgaon (now Gurugram) in Haryana as raised in the application but subsequently this Tribunal extended the scope of the application to the entire State and then to the entire country, in the interest of protection of environment and to give effect to the law laid down by the Hon’ble Supreme Court.
In that case this Tribunal noted the need for conservation of water bodies throughout India for healthy environment particularly in the light of judgment of the Hon’ble Supreme Court in Hinch Lal Tiwari v. Kamala Devi, (2001) 6 SCC 496 and also referred to the observations of the Hon’ble Supreme Court on the subject in State of T.N. v. Hind Stone, (1981) 2 SCC 205; Hinch Lal Tiwari v. Kamala Devi, (2001) 6 SCC 496; T.N. Godavarman Thirumulpad v. Union of India, (2002) 10 SCC 606; Intellectuals Forum v. State of A.P., (2006) 3 SCC 549; M.C. Mehta v. Kamal Nath & Ors. (1997) 1 SCC 388 besides others. This Tribunal also took into consideration that the Ministry of Urban Development, Government of India, Central Public Health and Environmental Engineering Organization (CPHEEO) has issued an advisory on “Conservation and Restoration of Water Bodies in Urban Areas” in August, 2013 which need to be followed. The matter was also considered by the Standing Committee on Water Resources (2015-16), Sixteenth Lok Sabha. Its Tenth Report has been published by the Ministry of Water Resources, River Development and Ganga Rejuvenation under the heading “Repair, Renovation and Restoration of Water Bodies-Encroachment on Water Bodies and Steps Required to Remove the Encroachment and Restore the Water Bodies” in August, 2016. Further, the “Guidelines for the Scheme on Repair, Renovation and Restoration (RRR) of Water Bodies under PMKSY (HKKP)” have been published by the Ministry of Water Resources, River Development and Ganga Rejuvenation, Govt. of India in June, 2017.
While emphasizing the significance of protection and restoration of water bodies for the environment this Tribunal observed that protection of water bodies serves great public purpose and is essential for protection of the environment. It not only enhances the natural aesthetics but also adds to availability of water for different purposes, contributes to recharge of ground water and maintaining e-flow in the rivers and is congenial to micro climate in sub-watersheds. This Tribunal also emphasized the aspect of channelization of excess flood/rain water by using appropriate water harvesting techniques and adequate capacity enhancement of existing waterbodies and creation of additional water bodies and water harvesting structures. Accordingly this Tribunal also ordained that under Public Trust Doctrine, the State has to maintain and restore the water bodies.
In view of mandate of law laid down by the Hon’ble Supreme Court and the NGT Act, 2010, vide order dated 18.11.2020 in O.A No. 325/2015 titled as Lt. Col. Sarvadaman Singh Oberoi vs. Union of India & Ors., this Tribunal disposed of the application with directions. The relevant part of the order reads as under:-
"X X X X X
Accordingly, we dispose of this application with following directions:
(i) All States/UTs may forthwith designate a nodal agency for restoration of water bodies, wherever no such agency has so far been so designated.
(ii) Under oversight of the Chief Secretaries of the States/UTs, the designated nodal agency may
a. Hold its meeting not later than 31.01.2021 to take stock of the situation and plan further steps, including directions to District authorities for further course of action upto Panchayat levels and to evolve further monitoring mechanism as well as Grievance Redressal Mechanism (GRM).
b. Submit periodical reports to the CPCB/Secretary Jal Shakti, Government of India. First such report may be furnished by 28.02.2021.
(iii) The CMC for monitoring remediation of 351 polluted river stretches, headed by the Secretary, MoJS may monitor the steps for restoration of water bodies by all the States periodically, atleast thrice in a year. First such monitoring may take place by 31.03.2021.
(iv) The CMC may give its action reports to this Tribunal in OA 673/2018 and first such report may be furnished preferably by 30.04.2021 by e-mail.
Any individual grievances may be first raised before the appropriate GRM or by moving the concerned District Magistrate which may be looked into on merits.
The application stands disposed of accordingly.
A copy of this order be forwarded to the Secretary, MoJS, CPCB, the Chief Secretaries of all the States/UTs and all District Magistrates by e-mail for compliance.
All pending I.A.s and M.A.s will stand disposed of.”
This Tribunal, vide order dated 20.07.2018 passed in the above said case gave directions for restoration of 123 water bodies in Gurgaon (now Gurugram) which were admittedly in the possession of the State in the first instance by assigning Unique Identification Number (UID) and making them free from encroachment. The State of Haryana reported that it enacted a special law on the subject, namely, the Haryana Pond and Waste Water Management Authority Act, 2018 which created an Authority to deal with restoration of water bodies at the State level and also appointed District Level Officers for the purpose. It was also reported that the Gurgaon Metropolitan Development Authority (GMDA) had taken up the work of restoration of 123 water bodies in District Gurgaon.
However, it appears that the water body subject matter of adjudication in the present case was obviously not covered and did not benefit by the remedial measures taken for restoration of water bodies.
In the present case the applicants have submitted that (i) the water body adjoining their colony, which was being used by the villagers as well as residents of the locality, was during the period 1999-2022 gradually filled up by certain builders and developers acting in connivance with influential people with the ulterior motive to encroach upon the same and the land of the water body is being used at present as a dump yard for construction debris and other waste. The applicants sent representations to the Administrative Authorities for restoration of the water body and greenbelt surrounding the same but to no effect and (ii) respondent No.3 has revised layout plan of Sector-41, Gurugram making provisions for construction of a commercial complex on the area of 6740.58 sq. meters and has issued a notification for E-auction of the above said land where in the water body and surrounding greenbelt is being made available for E-auction for construction of the above said commercial complex.
Respondent No.3-HSVP has submitted that land bearing Khasra No. 26//26/2 (24K-15M or 3.10 Acres) pond area situated in village Silokhra entered as gairmumkin nallah in QJW/revenue record, has been acquired vide award No. 18 dated 30.08.11. The possession of the acquired land was taken by answering Respondent-HSVP vide rapat No.479 dated 30.08.2011. Respondent No.3 HSVP is committed to restore the water body. Total area for the development of pond is approximately 4.4 acres which will consist of green area and water body. The water body will spread across 6130 sq.m having a depth of approximate 3 meters. The capacity of water body will be 18390 cum. To fill the water body, the rainwater will be diverted through the Major Storm Water Drain which is coming from I LIMA City Metro Station and proposed approached road. Also the rainwater from remaining free area will also be diverted into the pond. To maintain the water level into the pond a letter was written to Gurugram Metropolitan Development Authority for its consent to divert a minimum of 150KL of water from the nearby treated waste water Pipeline. DPR was prepared by GURUJAL and a revised estimate is provided for Rs. 2,59,45,899 (Rupees Two Crores Fifty Nine Lakhs Forty Five Thousand eight hundred and Ninety-Nine only). The same will now be sent for administrative approval and as soon as the administrative approval is received, the tender document will be prepared and approved and after that a three weeks tender will be floated and accordingly restoration work will be awarded. Respondent No.3 has given the estimated time for restoration of the water body as one year.
It may be observed here that neither the applicants nor the respondents have made any assertion regarding any encroachment over the land of the water body. Needless to observe that in case of any such encroachment, immediate action will be taken by the concerned respondents for removal of the same in accordance with law. Respondent No.2 MCG has submitted that after receiving request from the respondent no.3-HSVP, waste material was immediately lifted and sent to designated site by the respondent No.2-MCG and no malba is presently lying on the spot/site. In case of any dumping of garbage/ C & D waste material in future, respondent No.2 shall take immediate action for removal of the same on the same or the next day and also for prosecution of the violators in accordance with law. As observed by this Tribunal in order dated 26.05.2022 revised layout plan of Sector-41, Gurugram, which makes provisions for construction of a commercial complex on the area of 6740.58 sq. meters regarding which a notification for E-auction was issued, does not cover/encroach upon and thereby excludes the land approximately 4.4 acres which will consist of green area and water body and the apprehension of the applicants regarding destruction/closure of the water body is without any basis. The submissions made by the respondents before this Tribunal by way of their written replies are accepted as an undertaking for restoration of the water body and in case of non-compliance they shall not only be liable to be prosecuted and punished but also to pay compensation and also bear the expenses for restoration of the water body by execution of this order through third party/independent contractor. We consider it needless to so observe but do so to dispel any doubts that in case of any encroachment and raising of any construction on the same, such encroachment and construction will not only be liable to be removed/demolished but the violators will also be liable to be prosecuted and punished besides imposition of environmental compensation on them and recovery thereof as arrears of land revenue by coercive methods including their arrest and detention in civil prison.
In view of the above, the original application, alongwith, interim application, is disposed of with the directions to the State of Haryana and all its instrumentalities including respondent No.3-HSVP to restore the water body as undertaken and after grant of requisite approvals tender may be awarded within three months. Pathways on all sides excluding drainage area and dense green belts with plantation of indigenous trees on all sides and creepers and shrubs on the slopes may be created; the pond/water body may be made functional/operational by filling and maintaining water to the requisite level; appropriate devices for enhancing oxygen level in the pond/water body may also be installed; use of solar powered panels on floating devices may be explored; and suitable species of fish/ducks etc. may also be introduced for maintaining water quality of the pond/water body and the Project may be executed expeditiously in time bound manner within but not beyond one year.
The Administrator, HSVP Gurugram is directed to file Action taken Reports after expiry of the period of six months and one year on or before 31.10.2023 and 30.04.2024 respectively regarding execution of the project by obtaining requisite information from the concerned Departments, if so required, by email at [email protected] preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF before learned Registrar General of this Tribunal who may direct listing of the matter before this Bench, if so considered to be necessary, for further directions in the matter. In case of failure to execute the Project or submit Report as directed, the Administrator, HSVP, Gurugram shall be bound to attend this Tribunal in person to explain the reasons and Learned Registrar General of this Tribunal shall ensure listing of the matter before this Bench after issuance of notice for personal appearance to the Administrator, HSVP, Gurugram accordingly so that appropriate directions may be given in the matter.
In view of the peculiar facts and circumstances of the case the parties are left to bear their own costs.
A copy of this order be supplied to the applicants and the respondents by email for information/compliance.