NGT Refuses to Interfere in Policy Decisions Relating to Population-Environment Management in Delhi NCR

The National Green Tribunal (NGT), Principal Bench, New Delhi, has disposed of Original Application No. 571/2025 filed by Mr. Ashish Jain, who appeared in person and sought several directions concerning population density, environmental carrying capacity, redevelopment norms, demolition and construction activity, and broader sustainability measures for the Delhi NCR region.

The matter came up before a Bench comprising Chairperson Justice Prakash Shrivastava and Expert Member Dr. A. Senthil Vel on 18.11.2025.

After hearing the applicant and examining the prayers sought, the Tribunal held that the issues raised largely involved matters of policy and administrative decision-making, which fall within the purview of the competent government authorities, and accordingly disposed of the application while granting liberty to the applicant to approach the appropriate authorities with a detailed representation.

The applicant had placed before the Tribunal a wide set of requests directed at multiple agencies, including the Ministry of Environment, Forest and Climate Change (MoEF&CC), Ministry of Housing and Urban Affairs (MoHUA), Delhi Development Authority (DDA), Municipal Corporation of Delhi (MCD), Central Pollution Control Board (CPCB) and Delhi Pollution Control Committee (DPCC).

The first major prayer sought a direction to MoEF&CC, in coordination with MoHUA, DDA, GNCTD, CPCB and DPCC, to undertake what he described as a comprehensive “Population–Environment and Building Density Impact Assessment” for Delhi NCR and to prepare a time-bound action plan for submission before the Tribunal.

According to the application, such an assessment was necessary to evaluate the environmental implications of growing population density, redevelopment trends, and increased built-up areas across the region.

The applicant further sought revisions to the Unified Building By-laws and the Master Plan of Delhi 2041, requesting that parameters such as permissible building height, floor area ratio (FAR) and dwelling unit counts be tied to environmental carrying capacity, infrastructure adequacy, plot size and road width.

Another prayer related to demolition norms, with the applicant requesting that the Municipal Corporation of Delhi prescribe a minimum structural age before a building may be demolished, and impose penalties for premature demolition on the basis of the Polluter Pays Principle.

The application also included requests for cumulative Environmental Impact Assessments for demolition and reconstruction activity, the preparation of annual dust and debris inventories by CPCB and DPCC, and regulatory measures to manage redevelopment in densely built localities.

Additional directions sought from the Tribunal included the constitution of a multi-disciplinary expert committee comprising representatives from MoEF&CC, MoHUA, NITI Aayog, NCR Planning Board, Delhi Urban Art Commission, DDA, CPCB and independent experts.

The applicant requested that such a committee be tasked with recommending population-density thresholds and formulating environmental carrying capacity guidelines to be integrated into planning and redevelopment processes.

He also sought the framing of a demographic and urban sustainability policy by MoEF&CC, MoHUA and the Government of NCT of Delhi, with elements focusing on population stabilization, regulated migration and decentralised development.

Further, the applicant requested that the respondents be restrained from granting or notifying height, FAR or redevelopment relaxations until carrying capacity studies were completed, and urged that GNCTD be directed to formulate a framework linking building permissions to sustainable population parameters.

Upon taking note of the individual prayers, the Tribunal recorded that most of the reliefs sought by the applicant related either to broad policy formulation, administrative decisions or legislative action, which lie within the domain of the competent authorities rather than the Tribunal’s adjudicatory jurisdiction.

Since several of the prayers sought the creation of policies, guidelines, structural frameworks and regulatory amendments, the Tribunal stated that such matters are appropriately placed before the respective government authorities empowered to take such decisions.

The Tribunal also recorded that the applicant himself had sought liberty to approach the competent authority with a comprehensive representation for consideration of these issues.

In view of this position, the Tribunal disposed of the matter by granting permission to the applicant to approach the competent authority with a detailed representation. It directed that, if the applicant submits such a representation, the concerned authority shall consider it expeditiously and in accordance with law. 

Case Title: Ashish Jain v. Union of India & Ors.

Bench: Justice Prakash Shrivastava (Chairperson) and Dr. A. Senthil Vel (Expert Member)

Order Date: 18.11.2025