Safiya Malik

On January 2, 2025, the National Green Tribunal (NGT), Principal Bench, New Delhi, presided over by Justice Prakash Shrivastava (Chairperson), Justice Arun Kumar Tyagi (Judicial Member), and Dr. A. Senthil Vel (Expert Member), issued notices to the Government of the National Capital Territory of Delhi and other respondents in a case concerning allegations of encroachment and illegal activities on approximately 125 bighas of Gram Sabha land in Village Kharkhari Jatmal, Najafgarh, Delhi. The land, allocated to the Forest Department in 2005 for afforestation following approval by the Lieutenant Governor of Delhi, was intended to mitigate pollution and enhance the green cover in the area. The applicant, Kishori Lal, represented by Advocate Tarun Cummra, alleged extensive violations undermining the intended purpose of the land.

The applicant submitted that portions of the land had been unlawfully occupied and subjected to illegal activities. It was alleged that Khasra No. 8/18 was partially occupied by individuals engaging in illegal agricultural activities, supported by unauthorized tube wells used for irrigation and groundwater extraction, which contravened water conservation laws. Despite repeated complaints to the Forest Department, the applicant claimed no effective measures had been taken to address the violations.

The application further detailed that Khasra No. 15/2 was entirely under illegal cultivation, with no evidence of afforestation efforts. The absence of a boundary wall around the land was identified as a contributing factor to persistent encroachments. Khasra Nos. 15/3 and 15/8 were reported to host unauthorized residential and commercial structures, including permanent dwellings, in clear violation of the Forest (Conservation) Act, 1980. Additionally, Khasra No. 19/2, previously afforested, had reportedly been cleared of trees by encroachers and was being used for illegal cattle rearing.

The applicant also brought attention to several other plots, including Khasra Nos. 4/5, 12, 13, 14, 15, 17, 18, and 19, where trees planted during an afforestation initiative in February 2018 were alleged to have been uprooted by encroachers or neglected, rendering the afforestation efforts unsuccessful. It was further submitted that the demarcation of the land remained incomplete, enabling continued encroachments and unauthorized activities.

After hearing the submissions, the Tribunal directed the respondents, including the Government of the National Capital Territory of Delhi and the Forest Department, to file detailed replies through affidavits at least one week before the next date of hearing. The order specified: “If any respondent directly files the reply without routing it through his advocate, then the said respondent will remain virtually present to assist the Tribunal.” The applicant was instructed to ensure the service of notices to the respondents and to submit an affidavit of service confirming compliance with the Tribunal’s directions.

The case has been listed for further hearing on April 22, 2025.

Case Title: Kishori Lal v. Govt. of National Capital Territory of Delhi & Ors.
Case Number: Original Application No. 1387/2024
Bench: Justice Prakash Shrivastava (Chairperson), Justice Arun Kumar Tyagi (Judicial Member), Dr. A. Senthil Vel (Expert Member)

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