NGT Mandates Restoration of Encroached Pond in Delhi's Kanganheri Area

The NGT has directed authorities to remove encroachments from a pond in Delhi's Kanganheri village and restore it to its original size, emphasizing the use of bio-fencing to protect the water body while ensuring legal compliance.

NGT Directs Restoration of Delhi Pond

New Delhi [India], October 27 (ANI): The National Green Tribunal (NGT) has directed the concerned authorities to take appropriate steps to remove encroachments from a pond in Delhi’s Kanganheri village and restore it to its original size and shape, while ensuring that the remaining area is protected against further encroachment. The tribunal, while disposing of an execution application filed by Suresh Chand, directed the authorities to reclaim and restore the additional portions of the water body that become free from encroachments after their removal. It clarified that the action must be taken in accordance with law and subject to the orders of the Supreme Court and the Delhi High Court.

A bench of Judicial Member Justice Arun Kumar Tyagi and Expert Member Dr A. Senthil Vel passed the order on October 13 in a case concerning alleged encroachments on a pond measuring 13 bighas and 10 biswas in Khasra No. 111 of Kanganheri village. The applicant had approached the tribunal seeking removal of encroachments and restoration of the pond. The original application was disposed of on September 23, 2024, with directions to the concerned authorities, including revenue officials, to take appropriate steps to restore the water body to its original size and shape, if necessary, by removing encroachments. Chand subsequently filed an execution application seeking implementation of the tribunal’s earlier directions.

Environmental Protection Measures

Debate Over Boundary Structures

During the proceedings, the tribunal had also raised concerns over the construction of a permanent boundary wall around the pond, observing in its July 27, 2026, order that such a structure could obstruct the flow of rainwater and surface runoff from the catchment area into the water body. It had accordingly asked the authorities to examine the possibility of creating bio-fencing and planting an appropriate number of shrubs and trees on the remaining portion of the pond. The applicant later sought directions for construction of a boundary wall instead of bio-fencing. However, the tribunal reiterated its earlier directions and asked the authorities to examine the creation of bio-fencing.

Demarcation and Final Orders

In its September 8 order, the tribunal had also noted that the demarcation map placed before it did not clearly depict the northern and north-eastern boundaries of the water body with specific measurements. It directed the District Magistrate, South West Delhi, to submit an additional response along with a map showing the complete boundaries and ordered the personal appearance of the Tehsildar, Matiala. A status report was subsequently filed by the Sub-Divisional Magistrate, Matiala, on behalf of the District Magistrate. The report stated that the concerned departments had been directed to take necessary action within their respective jurisdictions and submit action-taken reports in accordance with the minutes of a meeting held on October 5.

During the October 13 hearing, Tehsildar Rakesh Kumar Singh appeared before the tribunal and produced the original demarcation map, a copy of which was placed on record. The Tehsildar submitted that the pond’s area was marked in blue on the map. The applicant did not dispute the demarcation and acknowledged that the pond’s area had been correctly depicted. The map also separately identified the area under encroachment. Directing the authorities to proceed on the basis of the demarcation, the tribunal ordered them to take appropriate steps for removing encroachments in accordance with law, protect the remaining portion of the pond from further encroachment and undertake all necessary measures to restore the water body. The tribunal directed that the portions reclaimed after removal of encroachments must also be incorporated into the restoration exercise to ensure that the pond is returned to its original size and shape.

The execution application was disposed of as partly satisfied. The tribunal, however, granted liberty to the applicant to approach it through appropriate proceedings in accordance with law if its directions are not complied with or if any grievance survives or arises in the future. (ANI)

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