Judgement of the National Green Tribunal restoration of Kushak Nala, Delhi, 19/04/2016
Judgement of the National Green Tribunal in the matter of Rajeev Suri Vs Delhi Development Authority (DDA) dated 19/04/2016. The Applicant, resident of Defence Colony, New Delhi is seeking restitution/restoration of Kushak Nala running through Defence Colony, New Delhi following Reverse Environment Impact Study conducted by independent body appointed by NGT. According to the Applicant, the DDA undertook work of covering the Kushak drain without obtaining necessary environmental clearance, covered part of it and converted the same into a park, leaving the covered drain below to suffer negative environmental impacts.
Tribunal rejects the contentions of the Respondents (DDA, DPCC, Government of NCT Delhi, Yamuna Revitalization Plan 2017 Ministry of Environment, Forests and Climate Change) which had asked for the case to be dismissed as "the work of the drain started on 24th April, 2009 and was completed/closed on 22nd October, 2014; and the present Application has been filed on 14th May, 2015 which is clearly beyond six months, and even if the period of limitation is reckoned to have been triggered on 22nd October, 2014, it is beyond six months and therefore liable to be dismissed as per Section 14 of the National Green Tribunal Act, 2010."