Environmental Norm Violation Allegations At CM Arvind Kejriwal's Official Residence: NGT Imposes Cost On Delhi Govt, PWD For Delaying Response

The National Green Tribunal (NGT) on Tuesday imposed a cost of Rs. 10,000 on Delhi's Public Welfare Department (PWD) and Delhi government for their failure in filing the response in the matter of the alleged environmental violation at Delhi Chief Minister Arvind Kejriwal's official residence.

It also imposed a cost of Rs.15,000 on Forest Department for filing an "incomplete report."

Whiled noting that PWD had sought two weeks' time in October to place on record the relevant documents on permission and compulsory plantation etc, a bench of Chairperson Justice Prakash Shrivastava, Justice Sudhir Agarwal and Dr. A. Senthil Vel said, "no such documents have been placed on record. Learned Counsel appearing for PWD has prayed for further time. NCT has also not filed the response, in terms of paragraph 4 of the order dated 30.10.2023. Hence, further two weeks' time is granted to the PWD and NCT do the needful subject to deposit of cost of Rs. 10,000/- by each."

These observations were made while hearing an application in which it was alleged that there had been “violation of environmental norms in constructions" at 6 Flag Staff Road, the official residence of Delhi CM,  by PWD, Delhi. The applicant had submitted that, in the course of development, permanent and semi- permanent constructions have been raised and more than 20 trees were cut.

The constructions required approval of Delhi Urban Art Commission (DUAC) under the DUAC Delhi Urban Art Commission Act, 1973 which was declined by the DUAC in its 1564th meeting in November, 2020, the applicant told the NGT.

Considering the allegations, In May, 2023 NGT had constituted a joint Committee comprising Delhi Chief Secretary, Principal Secretary (Environment & Forest), a nominee of Delhi Urban Art Commission and District Magistrate, North, to ascertain the factual position about alleged violation of environmental norms at CM's residence.

In the present proceeding, the Tribunal noted that no report, in terms of the direction of the Tribunal was filed when the matter was taken up by the Tribunal in July, 2023. Accordingly, a fresh direction was issued to the Committee to file the report. The matter was taken up in October "but inspite of the repeated directions, the report of the joint Committee was not received," NGT said.

Adding that "no report by the joint Committee is on record even today," the NGT noted that a hard copy of the report was submitted during the hearing in which annexures were missing. The bench remarked, "Such an incomplete report has no meaning."

However, The DCF (Central) submitted that the enclosures to the report will be submitted during the course of the day. Hence the report was accepted subject to deposit of cost of Rs. 15,000/- before the Registrar General of the Tribunal.

The matter is now listed for March 04, for further consideration.

Rahul Khurana proxy counsel for Gaurav Kumar Bansal, Advocate for the applicant

Jyoti Mendiratta & Ananya Basudha, Advocates for GNCTD