NGT Orders Crackdown on Encroachments to Restore Delhi Pond
The National Green Tribunal has ordered authorities to clear encroachments from a pond in Kanganheri village and restore it to its original size.
In a significant move to protect urban water bodies, the National Green Tribunal (NGT) has directed authorities to clear all illegal encroachments from a pond located in Delhi’s Kanganheri village. The tribunal has mandated that the water body be restored to its original size and shape, ensuring that the reclaimed land is integrated back into the pond's ecosystem.
Battle for Kanganheri's Water Body
The legal battle began when Suresh Chand approached the tribunal, highlighting the shrinking state of a pond measuring 13 bighas and 10 biswas in Khasra No. 111 of Kanganheri village. After an initial application was disposed of in September 2024, Chand filed an execution application to ensure the tribunal's directions were actually implemented on the ground.
A bench comprising Judicial Member Justice Arun Kumar Tyagi and Expert Member Dr A. Senthil Vel oversaw the proceedings. The tribunal emphasized that the removal of encroachments must be carried out strictly in accordance with the law and in alignment with existing orders from the Supreme Court and the Delhi High Court.
The Debate Over Boundary Walls vs. Bio-Fencing
One of the most contentious points during the proceedings was how to protect the pond once restored. While the applicant pushed for the construction of a permanent boundary wall, the NGT expressed serious concerns about such a structure.
The tribunal observed that a concrete wall could act as a barrier, obstructing the natural flow of rainwater and surface runoff from the catchment area into the pond. To prevent this ecological disruption, the NGT rejected the wall proposal and instead directed authorities to explore bio-fencing—using shrubs and trees to create a natural perimeter that protects the land without blocking water flow.
Resolving the Boundary Dispute
The restoration process faced a hurdle when the tribunal noted that the initial demarcation maps were unclear, particularly regarding the northern and north-eastern boundaries. This led the NGT to summon the Tehsildar of Matiala and demand a more precise map from the District Magistrate of South West Delhi.
The deadlock was broken during the October 13 hearing when Tehsildar Rakesh Kumar Singh presented the original demarcation map. With the pond area clearly marked in blue and the encroached portions separately identified, the applicant accepted the map as accurate.
Final Directives for Restoration
With the boundaries now legally established, the NGT has issued the following mandates:
- Clear Encroachments: Authorities must take immediate steps to remove all illegal structures and occupations.
- Full Restoration: Every inch of land reclaimed from encroachers must be incorporated back into the pond to return it to its original dimensions.
- Future Protection: Robust measures must be put in place to ensure no further encroachments occur in the future.
The tribunal has disposed of the execution application as partly satisfied, though it has left the door open for the applicant to return through legal proceedings if the restoration is not completed as ordered.