Diwan Singh & Anr. vs Union Of India & Ors

Delay condoned.

The National Green Tribunal ("Tribunal") observed in its impugned order dated 17 August 2018 that since it has constituted a Committee in pursuance of an order in O.A. No. 299 of 2016 for the purpose of identifying, documenting, reviving and monitoring of water bodies in Dwarka, New Delhi, it is not necessary to entertain the proceedings initiated by the appellants.

The appellants had a grievance in regard to the construction which is being carried on in Sector 19-B, Dwarka and it is their grievance that the construction is encroaching upon a water body by the name of Chhattar Ka Johar. The appellants have relied upon certain material before this Court, including Google maps, in support of the submission that the area in dispute has at all material times been shown as a water body.

Since the Tribunal has constituted a broad-based Committee as noted in the impugned order, we are of the view that it would be appropriate if the Committee looks into the grievance of the appellants in the first instance. In pursuance of the impugned order, the appellants would be at liberty to produce relevant material before the Committee within a period of four weeks from today.

The Committee shall take a final decision within a period of two months of the appellants' producing relevant material before it. The Committee shall communicate a copy of its decision, with reasons, to the appellants. Thereafter, we leave it open to the appellants to move the National Green Tribunal, if any part of the grievance still subsists and we clarify that this order shall not be construed as having adjudicated on any of the issues raised in the impugned order of the Tribunal.

All questions, including those which have been dealt with in the impugned order are kept open.

The civil appeal is, accordingly, disposed of. No costs.

Pending application(s), if any, shall also stand disposed of.