Piyush Gupta v. The State ( NCT Of Delhi) & ANR
$~13 to 25 * IN THE HIGH COURT OF DELHI AT NEW DELHI CONT.CAS(C) 697/2018, CM APPL. 21070/2019, CM APPL. 24768/2019 & CM APPL. 24770/2019 JEETENDRA KUMAR SINGH DEV SAMAJ MODERN SCHOOL NO 2 ..... Respondent CONT.CAS(C) 846/2018, CM APPL. 26971/2019, CM APPL. 28473/2019, CM APPL. 28474/2019, CM APPL. 28475/2019 & CM APPL. 35330/2019 MERCK SHARP & DOHME CORP & ANR ABHAYAKUMAR DEEPAK & ANR CONT.CAS(C) 47/2020 APARNA BHAT SAKSHI SINGH & ORS CRL.L.P. 551/2014 KANTI LAL JAIN THE STATE OF DELHI & ORS CRL.L.P. 552/2014, CRL.M.A. 8852/2019 & CRL.M.A. 33875/2019 KANTI LAL JAIN THE STATE OF DELHI & ORS
W.P.(CRL) 1766/2018 DINESH & ORS STATE (GOVT. OF NCT OF DELHI) & ORS W.P.(CRL) 1783/2018 DINESH & ORS STATE (GOVT OF NCT OF DELHI) & ANR W.P.(CRL) 1785/2018 MALA RAM & ORS STATE (GOVT OF NCT OF DELHI) & ORS W.P.(CRL) 1794/2018 MAHESH STATE (GOVT OF NCT OF DELHI) & ORS W.P.(CRL) 1800/2018 BADLI & ORS THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondents W.P.(CRL) 2394/2018 PIYUSH GUPTA THE STATE ( NCT OF DELHI) & ANR
W.P.(CRL) 2621/2018, CRL.M.A. 33862/2018 & CRL.M.A. 31270/2019 SAURABH & ORS STATE (GOVT OF NCT OF DELHI) & ANR W.P.(CRL) 3376/2018 PRAVEEN KUMAR STATE OF NCT OF DELHI & ANR.
Through:
Mr.
Rahul Mehra, Standing Counsel (criminalstandingcounsel@gmail.com) for GNCTD with Mr. Gautam Narayan, ASC, Ms. Shivani Vij.
Ms. Malvika Trivedi, Advocate for NDMC.
Ms. Kanika Agnihotri, Standing Counsel for DJB.
Mr. Rajiv Bansal, Senior Advocate with Mr.
Gurmeet Singh, Advocate for DDA.
Mr. Ajay Arora, Standing Counsel for NDMC.
Mr. M.A. Niyazi (niyazi786@gmail.com), Mr. Amit Chadha(attorney.chadha@gmail.com) and Mr. Saqib (adv.saqib@gmail.com), Court Commissioners.
Ms. Sridevi Panikkar, Advocate.
Mr. Jasmeet Singh, Advocate for respondent in Item No. 14.
Ms. Tusha Malhotra, Advocate.
Mr. Pukhrambam Ramesh Kumar and Ms.
Karishma Maria, Advocates in Item No. 15.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R
% 19.06.2020
The hearing was conducted through video conferencing. CONT.CAS(C) 47/2020
1. The directions apropos the plantation of trees in term's of this Court's order dated 29.01.2020 have not been complied with.
2. Let due affidavit in this regard be filed by the Forest Department before the next date, a copy of the same shall be shared with the learned Court Commissioners through e-mail and/or other viable electronic modes of communication.
3. Mr. P. Ramesh Kumar, Advocate submits that there is also noncompliance of the order dated 29.01.2020 apropos payment of Rs.25 lacs which was directed to be deposited into the 'AASRA' Fund.
4. Issue notice to respondent no. 1 through E-mail, WhatsApp and SMS, through counsel as well, returnable on 06.07.2020. CONT.CAS(C) 846/2018
5. The Court is informed that 4,100 pits have already been dug up in the Central Ridge. They were obviously dug-up for plantation of trees in terms of this courts orders. Let trees be plated in these pits out before the next date, in terms of the previous orders. The Court was also informed that Chief Secretary, GNCTD had taken special interest and had assured the Court that there would be no monetary constraints. It is only on the said assurance that the contempt proceedings were kept in abeyance. In the circumstances, it is expected that at least 40,000 new pits shall be dug-up for the plantation before the next date in the Central Ridge before the on-set of the monsoon season.
6. Latest photographs apropos the Southern Ridge plantations have been shown to the Court. They are all at a lateral level. A panoramic view
from a higher altitude showing the entire are of plantation, from a bird's-eye view should be provided. Drone photography from the higher elevation showing the entire land/area under afforestation shall be provided on the next date of hearing, preferably recorded by an expert/professional, so as to show the court a better and comprehensive perspective of the work undertaken by the Forest Department. An affidavit shall be filed by the Forest Department apropos compliances in terms of previous orders, in particular regarding, the amenities/utilities to be provided to the citizens who may visit the area; also the steps taken for conserving rainwater and creation of natural water bodies so as to douse forest fires, if any.
7. Status Report alongwith photographs filed by the Delhi Traffic Police on 16.03.2020 show forest area in the Central Ridge, full of garbage. The said area is to be cleaned up and the Forest Department shall plant trees in the said area before the next date. Lateral and Aerial photographs videos of the same shall be placed on record and copies thereto shall be shared with the learned Court Commissioners and the learned counsels for MCD, NDMC and DDA. Affidavit alongwith drone photography shall be filed before the next date and shall also be shared with the learned counsel for the parties and the learned Court Commissioners.
8. Compliance Report apropos the directed plantation of trees and municipal waste removal/management, in and around the Central Ridge forest area, along with photographs shall be filed by the NDMC before the next date.
9. The boundary walls of the Central Ridge forest area, wherever
breached, shall be fenced-off in a manner that may prevent the dumping of garbage in the forest area. The Delhi Police and NDMC shall look into the matter and file their affidavit in this regard 10.List on 06.07.2020.
CONT.CAS(C) 697/2018 11.The DDA has complied with the directions given by this Court and 100 trees have been planted by school children in the land adjacent to waste-to-energy plant near Sukhdev Vihar. Compliance affidavit alongwith photographs shall be filed before the next date and a copy of the same shall be shared with the other counsels. 12.Mr. Rajiv Bansal, the learned Senior Advocate for DDA submits that the land has been identified for plantation to be undertaken by the parties as may be directed by the court. The DDA shall file the affidavit apropos the large scale plantation on the Yamuna riverbed being undertaken by it, along with maps and the area in which phase wise afforestation is being done.
13. List on 06.07.2020.
14. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email. NAJMI WAZIRI, J JUNE 19, 2020 RW