NGT disposes of plea on encroachments in South Delhi forest lands

New Delhi, Dec 18 The National Green Tribunal (NGT) has disposed of a plea seeking execution of a 2015 order for removal of encroachment from forest lands at various locations in South Delhi, saying the issue, which involves a large number of structures and individuals, is being monitored by the high court and it is not necessary to keep the plea with the tribunal for an indefinite period.

A bench headed by NGT chairperson Justice Adarsh Kumar Goel, in an order dated December 14, said the execution application has been pending for the last four years. A number of encroachers and structures is said to be large and the stand of the administration was that adequate police force is not available which has resulted in the delay.

"While it is true that removing such encroachments is a challenge, but if the rule of law is not enforced, we will have a lawless society. Forest laws can be defeated by allowing encroachments and thereafter pleading helpless in enforcing the law," the bench noted.

Since no status report was filed, on December 9, the tribunal had directed the SDM of Mehrauli to remain present in person via video conferencing.

The SDM submitted that encroachments could not be removed on account of non-availability of adequate force and an alternative rehabilitation plan for the persons to be removed.

It is stated that there is a large number of structures and many colonies in existence for a long. Specific individuals are not parties to these proceedings and many encroachments exist beyond the period of statutory limitation prescribed for this tribunal to take cognisance.

While disposing of the long-pending plea, the bench said, "We hope and expect that the statutory authorities will take further action in accordance with the law."

In case of default, the applicants, or any other aggrieved person, will be at liberty to move the tribunal or take any other remedy as per law, specifying the individual encroachers, date of their encroachments, other particulars, and status of any other proceedings pending before any other court or authority, it added.

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