Gurgaon man fought to save dying pond for 3 years, NGT steps in

In 2009, Virendra Tyagi, a real estate businessman, relocated to Gurgaon's Sector 47 and discovered a nearly three-acre pond in the nearby Fatehpur Jharsa village. The water body had deteriorated over time due to construction debris, cattle grazing, and encroachments. Tyagi, who was the Residents’ Welfare Association (RWA) president of Sector 47, reached out to authorities for intervention.

After receiving no response, he submitted a petition to the National Green Tribunal (NGT) in May 2023, requesting demarcation, fencing, contour mapping, and ecological revival of the pond to replenish groundwater levels. On August 24, 2023, the NGT ordered authorities to remove encroachments and restore the pond.

Tyagi recounted his efforts to restore the pond, detailing how he gathered evidence for the Tribunal, including proof of land ownership. By November 2023, the pond had undergone a brief transformation. Pits were dug, waste was removed, lighting was improved, and facilities like an open gym were installed. However, the gains were short-lived, as residents of a nearby colony broke gates, allowing cattle to graze and causing the pond to deteriorate once more.

During the NGT hearings, authorities cited a longstanding dispute in the Punjab and Haryana High Court, which had passed an interim status quo order over land acquisition in the area in 2015. The NGT principal bench, comprising Justice Arun Kumar Tyagi and Expert Member Dr A Senthil Vel, rejected the notion of legal immunity for encroachments.

The Tribunal's order confirmed the extent of degradation on the 19-kanal site, which measures 2.12 acres and is recorded as a 'Johad' (pond) in revenue records. A demarcation report revealed that HSVP had built a road and footpath over 1,077 square yards of the pond area, while seven jhuggis, a temple, and a masonry platform occupied additional spaces.

The Tribunal held that unauthorized constructions on water bodies enjoy no legal protection and ruled that structures built after the May 2015 status quo order must be removed. The Tribunal also directed authorities to comply with Central Pollution Control Board (CPCB) guidelines in clearing encroachments and restoring the pond. Tyagi expressed satisfaction with the outcome, praising the latest order and hoping for proper maintenance of the pond to enhance its appearance.