LI Network
Published on: 6 August 2023 at 17:30 IST
The Supreme Court has overturned the National Green Tribunal’s (NGT) order, which had assigned the task of rejuvenating the Najafgarh lake to a committee led by the Delhi lieutenant governor.
In a recent ruling, Justices Abhay S Oka and Sanjay Karol observed that the NGT’s decision on February 16 had dismissed a plea filed by the Indian National Trust for Art and Cultural Heritage (INTACH) without considering its merits, stating that the matter would be addressed in some other case.
The Supreme Court set aside the NGT’s order based on procedural grounds and emphasized that INTACH’s plea should have been heard alongside all other petitions concerning the rejuvenation of Najafgarh lake.
The apex court clarified that it had not delved into the merits of the issue but focused on the NGT’s procedural error in disposing of the application prematurely.
The plea, filed by INTACH, sought the Delhi government’s response and expressed concern that the NGT’s order had reduced the matter of the Najafgarh Jheel (lake) being designated as a wetland and the ensuing protection to a mere pollution-related case.
The entire issue was then delegated to a committee led by the Delhi lieutenant governor for areas within Delhi and the chief secretary of Haryana for areas within that state.
INTACH, a non-profit organization dedicated to heritage preservation, argued that since the pollution control of drains and water bodies affecting the Yamuna River was being addressed by a high-level committee headed by the Delhi lieutenant governor, the rejuvenation of the Najafgarh lake, which is integral to the Yamuna’s rejuvenation, should also be handled by the same committee for the Delhi region and the Haryana chief secretary for areas in Haryana.
The NGO’s plea seeks direction for the Delhi and Haryana governments to declare the Najafgarh lake, which spans across Delhi and Gurgaon in Haryana, as a water body/wetland.
It highlighted the serious threat posed to the lake due to continuous encroachments and constructions in its submergence zone.
The Najafgarh Jheel covers an area of 7 sq. km and serves the drinking water and domestic needs of Gurgaon and Delhi while being located across the borders of both regions.