NGT Forms Committee On Alleged Violation Of Environmental Norms At Delhi CM Arvind Kejriwal’s Official Residence, Seeks Report

The Principal Bench of National Green Tribunal (NGT) today 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 the residence of Delhi Chief Minister Arvind Kejriwal.

The bench of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal and Dr.A. Senthil Vel said that,

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

The tribunal was 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, and 45-47 Rajpur Road, New Delhi by PWD, Delhi. The applicant 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.

"Thus, construction was raised illegally, ignoring the observations of DUAC for increasing the green area which ipso facto is violation of Delhi Municipal Corporation Act, 1957 requiring valid approval for construction. Such violations are to the detriment of environment," the applicant submitted.

The applicant further argued that permissions for tree cutting were taken by “manipulation and circumvention”. "Instead of disclosing that 28 trees were to be cut in which permission of higher authority was required, permissions were taken in instalments of less than 10 trees," the NGT was told.

While constituting the committee, the NGT also directed that a meeting may be held within one week by it and the report may be furnished within three weeks from today.

While posting the matter to May 31, the Tribunal said, “If any violations are found, the Committee may take remedial action in coordination with the concerned statutory authorities, in accordance with law. It may give a copy of its report to alleged violators for response before this Tribunal, if any, before the next date.”

Case Title: Naresh Chaudhary v.Union of India & Ors.

For Applicant: Gaurav Kumar Bansal, Advocate

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