No construction over Kushak drain in S Delhi till 28 Oct: NGT
23 Oct 2013 5:24 AM IST
A bench headed by NGT chairperson justice Swatanter Kumar refused to entertain the requests of the counsel appearing for South Delhi Municipal Corporation (SDMC), which is undertaking the project, that the work not be halted but granted it a week’s time to show if State Environment Impact Assessment Authority’s (SEIAA) clearance is required for the project. ‘We direct all the parties to maintain status quo, which means no further construction be undertaken,’ the bench said and listed the matter for 28 October.
The NGT also noted in its order that the Delhi High Court, while dealing with the issue of covering of storm drains, had observed that the authorities do not have a consistent policy regarding management of the drains.
Meanwhile, the bench directed that bailable warrants it had issued against officials concerned of Ministry of Urban Development, Delhi government and its Irrigation department, for not appearing before the NGT despite notice to them, not be executed after the authorities assured they would be duly represented in the future.
The Tribunal’s order came while hearing the petition of retired Indian Forest Service officer Manoj Kumar Mishra and Madhu Bhaduri, a former diplomat, who have opposed covering the storm water drains in Delhi to use them for commercial and parking purposes.
Appearing for Mishra, advocate Ritwick Dutta contended that as per Delhi government’s notice regarding construction over Shahdara drain in East Delhi, SEIAA clearance is required but the work of covering of Kushak drain in South Delhi has commenced without any such go-ahead.
These drains dump into river Yamuna the waste water collected from various colonies of Delhi and covering them could cause excessive flooding during monsoons, Dutta said. During the proceedings, the counsel for SDMC contended the project was undertaken on directions of the Urban Development Ministry and has received the approval of the Lt Governor of Delhi.
The SDMC counsel also told the bench that the project was initiated as garbage, rubble, etc was being dumped into the open drain which was resulting in obstruction of the water and waste being carried by it and covering it up would prevent the same.
The NGT also noted in its order that the Delhi High Court, while dealing with the issue of covering of storm drains, had observed that the authorities do not have a consistent policy regarding management of the drains.
Meanwhile, the bench directed that bailable warrants it had issued against officials concerned of Ministry of Urban Development, Delhi government and its Irrigation department, for not appearing before the NGT despite notice to them, not be executed after the authorities assured they would be duly represented in the future.
The Tribunal’s order came while hearing the petition of retired Indian Forest Service officer Manoj Kumar Mishra and Madhu Bhaduri, a former diplomat, who have opposed covering the storm water drains in Delhi to use them for commercial and parking purposes.
Appearing for Mishra, advocate Ritwick Dutta contended that as per Delhi government’s notice regarding construction over Shahdara drain in East Delhi, SEIAA clearance is required but the work of covering of Kushak drain in South Delhi has commenced without any such go-ahead.
These drains dump into river Yamuna the waste water collected from various colonies of Delhi and covering them could cause excessive flooding during monsoons, Dutta said. During the proceedings, the counsel for SDMC contended the project was undertaken on directions of the Urban Development Ministry and has received the approval of the Lt Governor of Delhi.
The SDMC counsel also told the bench that the project was initiated as garbage, rubble, etc was being dumped into the open drain which was resulting in obstruction of the water and waste being carried by it and covering it up would prevent the same.
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