The National Green Tribunal (NGT) has issued notice to the South Delhi Municipal Corporation (SDMC) to show cause why coercive steps be not taken against it for failing to stop construction on the Saket storm water drain allegedly by authorities at a gurudwara.
“Issue notice to as to why coercive action under Order XXI Rule 32 of the Civil Procedure Code be not taken against them for not taking an action against stopping construction on the Saket storm water drain,” a Bench headed by Justice UD Salvi said. The matter is listed for hearing on May 23.
The order came while hearing a plea filed by environmental activist Manoj Mishra, also associated with the Yamuna Jiye Abhiyaan, seeking execution of the green court’s January 13, 2015, direction, which said “there shall be no construction and/or coverage of any of the drains in Delhi by any authority or Municipal Corporation”.
“All drains shall be kept obstruction-free by the corporation concerned. Where substantial work (more than 85 per cent) has been completed, such work is permitted to be completed by the corporation after obtaining specific orders from the Tribunal in that regard. Rest of the area, where work has just begun, the construction material, including iron, shall be removed. While completing such remnant work, the Corporation shall ensure that the cross section of the drains to carry the requisite storm water for the flood of once in 25 years and other effluents are not compromised,” the tribunal had said.
Mishra has claimed that authorities at Gurudwara Sri Guru Singh Sabha were carrying out illegal construction on the drain and sought directions to the SDMC and the Public Works Department to restrain the construction over and above the drain.
“In case the Gurudwara is not stopped from illegally covering the storm water drain, it would not only lead to violation of the judgment passed by this Tribunal but would also be a loss to the ecology and environment of the area and the community at large,” the plea, filed through advocate Rahul Choudhary said.
The plea also alleged that the gurudwara authorities were dumping sewage into the drain from its building through a pipeline.