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Resident flags disappearance of Gurugram’s ponds, sends legal notice to authorities
Drawing upon key Supreme Court rulings, the letter reminds authorities that ponds are a form of public trust and cannot be alienated for private or commercial use. It further asserts that the loss and degradation of these water bodies violates Article 21 of the Constitution, which guarantees the right to life and a clean environment
Gurugram: A city-based social activist and environmentalist Vaishali Rana has served a formal legal notice to the authorities, raising an alarm over the disappearance and encroachment of key waterbodies across Gurugram and urging immediate action to preserve the region’s vanishing pond ecosystems.
Acting through her legal counsel, Vaishali Rana, a resident of Valley View Estate in Gwal Pahari, has written to the concerned government departments demanding the restoration of four specific waterbodies that have either vanished or been severely encroached upon. In the representation, her counsel has cited multiple legal precedents and statutory obligations to argue that the state is failing in its constitutional duty to preserve common environmental assets such as ponds and stormwater drains.
The four waterbodies named in the notice, include ponds in Gwal Pahari (Khasra No. 85 and 90) in Tehsil Wazirabad and two ponds in Badshahpur – one located in Nirvana Country and the other near Harijan Basti in Ward 25. According to Rana, an RTI filed in June 2022, revealed inaction by the municipal and state authorities in restoring these ponds and clearing encroachments.
“The ecological value of these ponds cannot be overstated. They are not only sources of groundwater recharge and natural flood buffers, but also irreplaceable community resources protected by law,” said the representation.
Drawing upon key Supreme Court rulings, the letter reminds authorities that ponds are a form of public trust and cannot be alienated for private or commercial use. It further asserts that the loss and degradation of these water bodies violates Article 21 of the Constitution, which guarantees the right to life and a clean environment.
“In several areas, land records and RTI replies clearly show the presence of ponds on government or community land. Despite this, encroachments have occurred unchecked, in some cases allegedly by influential individuals,” said Rana.
Particularly alarming is the situation around the pond in Nirvana Country, where a three-storey structure, allegedly built by a former councillor, has come up over the land that once housed the Badshahpur pond. This, the representation argues, is not only illegal but contributes to frequent waterlogging in the surrounding sectors during rains, as there is no longer any natural catchment area for rainwater.
“Restoring these ponds is not just about heritage or ecology. It is a pressing civic need. Residents in surrounding sectors regularly face flooding even after mild showers,” said Rana.
The letter also cites the Water (Prevention and Control of Pollution) Act, 1974, which classifies ponds as streams under its definition and prohibits any activity that may lead to pollution or obstruction of natural water flow. Section 24 of the Act bars dumping of pollutants in water bodies and Section 43 prescribes penalties for such offences.
Rana has called upon the government departments to fulfil their responsibility as custodians of these natural resources, stating that if timely action is not taken, she will be compelled to approach the National Green Tribunal for redressal.
“In case the present representation goes unheeded, we will not hesitate to initiate legal proceedings against the state, municipal authorities, and other relevant bodies,” the letter warns.
“The time to act is now,” it says. “Restoration of these ponds is not only legally mandated but vital for the city’s environmental future.”
