Panel Granted More Time To File Report In Arvind Kejriwal Bungalow Renovation Case

The National Green Tribunal (NGT) has granted more time to the Joint committee comprising the Chief Secretary, Delhi, Principal Secretary (Environment & Forest), Delhi, nominee of Delhi Urban Art Commission and District Magistrate of North Delhi to ascertain the factual position on the allegations of environmental norms during the construction of Delhi Chief Minister Arvind Kejriwal's residence.

The bench headed by NGT Chairman Justice Prakash Shrivastava also comprising Sudhir Agarwal and A Senthil Vel, members on October 30, 2023, while granting more time to the Joint Committee said, "Considering the circumstances of the case, we grant further four weeks' time to the joint Committee to file the report in terms of the order dated May 9, 2023, failing which the Chief Secretary, Delhi will personally appear by virtual mode on the next date of hearing.

Tribunal noted that the joint Committee has not filed the report, though thereafter, the matter was adjourned on May 31, 2023, and on July 20, 2023. The report on behalf of DCF, Central, GNCTD has been filed which only discloses that a preliminary inquiry has been registered with the Central Bureau of Investigation in the matter.

"DCF, Central present in person has sought further time stating that the joint Committee will be conveyed for filing the report in terms of the order of the Tribunal. Learned Counsel appearing for the PWD has also prayed for two weeks' time to place on record the relevant documents relating to permission, compensatory plantation etc," noted the NGT.

The Tribunal had also taken note of the issue involved indicating that the permission for cutting of the trees was taken by manipulation and circumvention of the order dated 10.02.2009 and instead of disclosing that 28 trees were to be cut in which permission of higher authority was required, permissions were taken in installments of less than 10 trees, said the Bench

Earlier, the Tribunal had appointed a committee after hearing a plea alleging violation of environmental norms in constructions at 6 Flag Staff Road and 45-47 Rajpur Road, New Delhi by PWD, Delhi.

Plea alleged that, in the course of development, permanent and semi-permanent constructions have been raised and more than 20 trees cut.

The petition was filed by Delhi-based Environmentalist Gaurav Kumar Bansal, Advocate, the Tribunal headed by Justice Adarsh Kumar Goel has sought a reponse from the Delhi Government and its authorities and has directed them to submit a status report on the allegations.

In its application filed through Advocate Gaurav Kumar Bansal, the applicant has stated that the PWD of the Delhi government without taking approval from the Delhi Urban Act Commission, a statutory body that approves the construction of buildings in the national capital wrt quality and environmental design, has contrcuted the residence of Delhi CM.

Mr Bansal in his arguments also apprised NGT that as per the 2009 Order issued by the Forest Department, Delhi Government, all application seeking permission for felling of trees numbering 10 to 20 and more than 20 trees has to be processed and submitted to the Conservator of Forests and Secretary (E&F), Government of NCT of Delhi only.

However, in the present case, PWD Officials for the sake of speedy construction of the residence of the chief minister wilfully, deliberately and with a malafide intention, circumvented its Government Order and as such filed 5 separate applications for felling/transplantation of 9, 2, 6, 6, 5 trees, lawyer submitted.

Mr Bansal, also highlighted that as per the permissions issued by the Delhi Forest Department, PWD Department was directed to do tree saplings of 280 trees at Green Belt, Metcalfe House, DRDO Complex, Delhi.

However, recently the Forest Officers of Delhi Forest Department by way of conducting site inspection dated May 1, 2023 have found that out of 280 trees, the PWD Department has planted only 83 Ficus Virens Trees.

The whole object of imposing the condition of Compulsory Plantation by the Delhi Forest Department was to protect the forest cover of the national capital but the PWD Department by way of circumventing the Order dated February 10, 2009, issued by the Forest Department further by way of not carrying out the mandatory TREE PLANTATION has failed to protect the FOREST COVER of NATIONAL CAPITAL, Bansal argued before the NGT.

Observing the seriousness of the case, the principal bench of the National Green Tribunal headed by Chairman Justice Adarsh Kumar Goel has issued notices to the Government of NCT of Delhi and others and as such have directed them to submit a status report within 3 weeks.

In view of the above averments and the significance of the requirement of compliance for cutting trees and providing green belt as a condition for construction in congested and polluted city of Delhi, we consider it necessary to ascertain the factual position by constituting a joint Committee, said the Tribunal.

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