National Green Tribunal
Council Of Engineers vs State Of Punjab on 7 August, 2023
Item No.1 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Physical Hearing with Hybrid VC Option)
Original Application No. 793/2022
Council of Engineers & Ors. ...Applicants
Versus
State of Punjab & Ors. ...Respondents
Date of hearing: 07.08.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicants: Mr. Kapil Dev applicant no. 2 in person.
Respondents: Mr. Karan Dewan, Advocate for respondent no. 5
alongwith Mr. Gurmeet Singh, General Manager, Lodhi
Club.
None for respondents no. 1 to 4 and 6.
Application under the provisions of the National Green Tribunal Act, 2010.
ORDER
1. The applicant-Council of Engineers, which is an association of Engineers including Civil Engineers and is having its Head Office at Ludhiana, has filed the present application under the provisions of the National Green Tribunal Act, 2010 complaining about encroachments made over Green Belts (i) by Lodhi Club and Sacred Heart Convent School, situated at BRS Nagar, Ludhiana by opening illegal gate entry as well as converting the Green Belt area into Parking Space; (ii) by Municipal Corporation Ludhiana by allowing parking of Vehicles after concretization of huge area of Green Belts from Jagraon Road to Sherpur Chowk and; (iii) by Municipal Corporation Ludhiana by constructing library building in the Green Belt/Park near Manju Cinema in violation O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 2 of directions of Hon'ble Supreme Court and this Tribunal, environmental norms and Master Plan of Ludhiana.
2. Vide order dated 07.11.2022, notices were ordered to be issued to the respondents requiring them to file their response/reply to the allegations made in the application and a Joint Committee comprising of Regional Officer, MoEF&CC, Chandigarh, Commissioner, Municipal Corporation, Ludhiana, State PCB and the Deputy Commissioner, Ludhiana was also constituted with direction to submit factual and action taken report within 15 days.
3. Dr. Vimal Kumar Hatwal, Additional Director/Scientist 'E', MOEF & CC, IRO Chandigarh sent his report to the Commissioner, Municipal Corporation, Ludhiana 0n 19.12.2022 but report of the Joint Committee was not filed within time permitted and Learned Counsel appearing for Municipal Corporation, Ludhiana sought time to file report of the Joint Committee on which vide order dated 20.12.2022, 15 days' time was granted for filing of the same.
4. In compliance thereof report of the Joint Committee on behalf of its three Members-Commissioner, Municipal Corporation, Ludhiana, State PCB and the Deputy Commissioner, Ludhiana was filed vide email dated 08.01.2023. Separate report was filed by Dr. K.K. Garg, Joint Director (S), Scientist D, Integrated Regional Office, MoEF&CC, Chandigarh, vide email dated 06.01.2023.
5. The relevant part of the Report of the Joint Committee filed vide email dated 08.01.2023 are reproduced below:-
"Subject: Site visit report in respect of OA 793 of 2022, Council of Engineers & Ors. Vs State of Punjab & Ors., before Hon'ble NGT, Principal Bench at New Delhi. O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors.3
X X X X
2. MEETING OF THE JOINT COMMITTEE ON DATED 21.11.2022: In compliance of the Hon'ble NGT orders, the joint committee held its first meeting on 21-11-2022 (copy of minutes of meeting is annexed as Annexure A-1). In addition to the Joint Committee, the applicant, Counsel of Engineers & Ors. & representative of the concerned project/Establishments i.e. Principal of Sacred Heart Senior Secondary School, BRS Nagar and President of Lodhi Club were invited to the meeting. The joint committee heard the main concerns/issues raised by the complainant. The representative of the School & Lodhi Club voiced their concerned as to how the area has been allocated to them as part of the Town planning scheme of Ludhiana Improvement Trust, if the said areas were part of the Greenbelt as per master plan of Ludhiana. The committee decided to look into the extant rule position vis-à-vis the concerns of the affected parties, both complainant and the Municipal Corporation of Ludhiana, Sacred Heart Senior Secondary School, BRS Nagar and President of Lodhi Club. It was decided to undertake field visit subsequently.
3. FIELD VISIT DATED 13.12.2022: There are three main project proponents namely,
1. Lodhi Club and Sacred Heart Convent School who have been questioned in the complaint.
2. Green belt located along with the road site (from Jagraon Road to Sherpur Chowk)
3. Library building which is allegedly built in the Green Belt/Park near Manju Cinema .
Further, to verify encroachment into the questioned `Green Belt' area and facts involved in the grievances, satellite maps between 2013 to 2022 were seen on the GOOGLE map in time scale mode to understand the changes in land use over the said period.
4. REPORT FROM TOWN PLANNING DEPT: The representative of Ludhiana Improvement Trust & Town planning department were instructed to submitted the report of nature of land in question. As per report received from District Town Planner (Copy of report is annexed herewith as AnnexureA-2) vide letter no. 2647 dated 25-11-2022, he has mentioned that the particular site around the Lodhi Club and Sacred heart convent school, BRS nagar; Jagraon bridge to Sherpur chowk near Manju cinema has been indicated as green belt on master plan. As per notified Master plan (2007-31), he has also mentioned that unified Zoning regulation and Development control have been notified U/S 70(5) of the Punjab Regional & Town Planning & Development Act, 1995 wide notification no. 6515-41/CTP(Pb)/SP-135 dated 18-10¬2018. These Zoning regulations were notified by Govt. of Punjab in the public interest and ease of doing business in the street to bring uniformity in zoning regulations and development controls of all master plans in the state of Punjab. These zoning regulations and development controls shall be applicable on all master plan already notified or to be notified in the provision of "The Punjab O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors.4
regional and town planning and development act 1995". The nature of land use and control of development within each master plan shall be regulated through these regulations. In addition to these the building rules and other notification/guidelines/circulars issued from time to time by the state government for regulations and control of development shall also be applicable within master plan areas. Since, the sub-division of lands, design and construction of buildings is being controlled through well-established building bye laws/regulations by the concerned authorities. These zoning regulations and development controls of the master plan are seen as the guiding parameters for the authorities to ensure that the development permitted by them is within the framework of master plan previsions. In the same zoning regulations and developmental control for master plan para 2.7 exception talks about:
"The Site on which various Projects have been approved or whose change of Land Use has already been permitted by competent Authority/ Government informs the final notification of the Master Plan such site shall be deemed to be adjusted as sanctioned/ permitted."
5. The main observations on: encroachments made over Green Belts (i) by Lodhi Club and Sacred Heart Convent School, situated at BRS Nagar, Ludhiana by opening illegal gate entry as well as converting the Green Belt area into Parking Space are as follows:
Ludhiana Improvement Trust has submitted that it has developed a scheme namely Bhai Randhir Singh Nagar, (550 Acre) under PTI Act 1922 U/S 42 (1) and same was approved by the Government vide its Notification No.153-USLG-(1)-
76/41858 dated 06.12.1976. Copy of the said notification dated 06.12.1976 is annexed herewith as ANNEXURE A3. The Drawing No. 3/LIT/80 dated 01.02.1990 was prepared and sanctioned wherein as per the Scheme one site is reserved for Higher Senior Secondary School and another site is reserved for Water Work Site. The copy of the drawing dated 01.02.1990 is annexed as ANNEXURE A4. That at present the school is known as Sacred Heart Convent School and the Water Work site is developed as Lodhi Club. After going through the drawing as per the said scheme it shows that in front of School as well as the Water Works site there exists 300 feet wide Southern Ring Road and there was no mention of any green belt in the existence which falsify the contentions of the applicants.
The area along both sides of the road, adjoining Lodhi club, Sacred Heart convent school, BRS nagar is part of the Right Of Way (ROW) as is clear from the detailed scheme plan of the area, hence it is humbly submitted that claim of encroachment on green belt is falsified since this is ROW and not a green belt.
6. Regarding Encroachments made over Green Belts
(ii) by Municipal Corporation Ludhiana by allowing O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 5
parking of Vehicles after concretization of huge area of Green Belts from Jagraon Road to Sherpur Chowk: That the applicant herein also raised the issue with regards to allowing parking of vehicles after concretization of huge areas of green belts from Jagraon road to Sherpur chowk.
Separate field visit was carried out by representative of MOEFF and Applicant and report was submitted vide letter no. 01-02/2022/Misc./Env. dated 05-01-2023 (Copy attached at ANNEXURE-A5) in which finding in the enquiry is as follows:
1. The MC Ludhiana is the Legal Owner of the land in question i.e. green belt.
2. The MC Ludhiana failed to maintain the green belt as green belt by converting it as parking lots.
As per the record, this is part of old GT Roads which connects Amritsar to Delhi, this road was handed over to Municipal Corporation Ludhiana in 1995 by Public Works Department (ANNEXURE 6).
As per record, prior to the construction of Ludhiana bye pass by the National Highway Authority of India from Sherpur bye pass chowk to Jalandhar bye pass road, the road connecting the Jalandhar bye pass and Sherpur chowk was passing through within the city area was known as GT Road. The width of the said road except the portion of road passing through within the core area of the city varied in between 200 feet to 225 feet. However, on the construction of Ludhiana Bypass from Jalandhar Bye pass to Sherpur Chowk via Basti Jodhewal Chowk and Samrala Chowk by the National Highway Authority of India, the traffic volume on the old GT Road considerably reduced. Resultantly, squatters & hawkers started unauthorized use of the unmetalled portion of the road width by placing their wooden Takhats and kiosks for sale of articles. Apart shanties were also erected on katcha portion of the road. In these circumstances, to check the unauthorised use of the public road, the Municipal Corporation vide its resolution no 3207/3 dated 22.10.1999 sanctioned a sum of Rs 49.38 Lacs for development of green spaces and parks on both the sides of the road except on the road portion passing through within the core area of the city as the width of the road was lesser and was touching the building line.
It is relevant to mention here that as per section 224/225 of the Punjab Municipal Corporation Act, 1976, all the public streets within the Municipal area vests with the Municipal Corporation and the Municipal Corporation can widen, extend or otherwise improve any such roads. Still further, under section 226 of the MC Act 1976, the Municipal Corporation can even dispose of the land becoming available on permanently closure of total or part of any street. In this regard, the legal proposition already stands settled by a Division bench of this the Hon'ble High Court on 23.01.2014 while deciding the Civil writ petition filed by Citizen Welfare Society (Regd) versus State of Punjab.
O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 6
The area along both sides of the on Old GT Road is part of the Right Of Way (ROW) as is clear from the detailed scheme plan of the area, hence it is humbly submitted that claim of encroachment on green belt is falsified since this is ROW and not a green belt.
7. That the applicant herein has also raised issues with regard to the constructed Library building near the Manju Cinema, Ludhiana. It is submitted that the library in question is built on the area of approximately 650 sq. feet as per the record of Village Taraf Saidan, Jamabandi for the year 2007-2008, Khewat No.2550/2818, Khasra no.1528 (25 Bigha, Biswa, 4 Biswansian) on Gairmumkin road, reflecting the ownership of Provincial Government. In the Cultivation Column, the name of the Public Work Department (PWD) is entered and later on the same was handed over to Municipal Corporation, Ludhiana in 1995.
The old GT road was transferred to Municipal Corporation, Ludhiana in 1995. Municipal Corporation, Ludhiana has been maintaining the entire area since then. Further, some part of the ROW, on both sides of the road, was developed as park by Municipal Corporation, Ludhiana in 1999. Later on, a library & Statue was built in a corner of the park/green belt by Municipal Corporation, Ludhiana in 2021. It is to be noted that a COCP no. 165 of 2022 is pending in Hon'ble High Court regarding the same matter (ANNEXURE-A7). The matter being subjudice, any decision as given by Hon'ble High Court or this Hon'ble Tribunal shall be complied with.
8. Finding of the joint committee Committee deliberated upon the recent changes made in unified Zoning regulation and Development control which have been notified U/S 70(5) of the Punjab Regional & Town Planning & Development Act, 1995 wide notification no. 6515- 41/CTP(Pb)/SP-135 dated 18-10-2018. Subsequently this notification deemed to adjust change of land use which have been already been permitted by competent authorities/Government before the final notification of master plan. In the given case sacred heart school and lodhi club were part of the scheme namely Bhai Randhir Singh Nagar, (550 Acre) under PTI Act 1922 U/S 42 (1) and same was approved by the Government vide its Notification No.153-USLG-(1)- 76/41858 dated 06.12.1976. Further Old GT road was handed over to Municipal Corporation Ludhiana in 1995, and these parking sites were developed in 1999. The committee understood that even though sites are not in compliance of master plan, but they are adjusted as per notification/regulation notified by government at various point of time.
1. The area along both sides of the road, adjoining Lodhi club, Sacred Heart convent school, BRS nagar is part of the Right Of Way (ROW) which was notified in 1976 by O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 7
improvement in its notification. Hence committee is of opinion that this is not a green belt as claimed by applicant.
2. The area along both sides of the on Old GT Road is part of the Right Of Way (ROW) which was handed over to MCL in 1995 and since then it is maintained by MCL. Hence committee is of opinion that this is not a green belt as claimed by applicant.
3. With respect to construction of library building in green belt/park near manju cinema, it is to be noted that a COCP no. 165 of 2022 is pending in Hon'ble High Court regarding the same matter. Hence no action can be proposed by committee at this stage.
9. That the Consolidated reply on behalf of the Regional officer, MOEF&CC, Chandigarh, Commissioner, Municipal Corporation Ludhiana, State PCB and Deputy Commissioner Ludhiana of Punjab is hereby submitted in compliance to the order dated 07/11/22 for kind consideration and appropriate orders of this Hon'ble National Green Tribunal."
6. The relevant part of the report sent by Dr. Vimal Kumar Hatwal, Additional Director/Scientist 'E', MOEF & CC, IRO Chandigarh to Commissioner, Municipal Corporation, Ludhiana is reproduced below:-
"Subject: Site visit report in respect of OA 793 of 2022, Council of Engineers &Ors. Vs State of Punjab &Ors., before Hon'ble NGT, Principal Bench at New Delhi.
X X X X X X
C. OBSERVATIONS ON THE ISSUES RAISED BY
HONB'LE COURT:
The main observations on- Encroachments made over Green Belts (i) by Lodhi Club and Sacred Heart Convent School, situated at BRS Nagar, Ludhiana by opening illegal gate entry as well as converting the Green Belt area into Parking Space are as follows:
1. It is evident from site visit and Google images that the area under question is about 3.25 ha. having length of approx. 900 mt and width of ranging from 35 mt to 60 mt (Map 1).
2. Both the concerned project proponents i.e., Sacred Heart Convent School and Lodhi Club have gate entry towards the site under question (Photos 1 & 2, respectively).
3. It is noted from the Google Image that both project proponents constructed approach road by using interlocking concrete block pavements to access their entrances. In case of Lodhi Club the approach road was constructed recently in year 2020.
4. Whether or not the entries are legal is a matter of further investigation by the Statutory Authorities.
5. Parking areas have been developed and allowed by the Municipal Corporation, Ludhiana adjacent to the entrance of the O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors.8
both Sacred Heart Convent School (Map 2; Photo 3) and Lodhi Club (Map 3; Photo 4) highlighted as Parking Area `A' and Parking Area 13', respectively, on the Map 1.
6. Both parking areas were in use and `No Parking Zone' has not been marked at any parking side by the Municipal Corporation, Ludhiana, as observed during the site visit.
7. Parking area of school side (Parking Area `A') is measuring approx. 0.18 ha. area and interlocking tiles have been used. The construction was started somewhere the starting of year 2014.
8. Parking area of Lodhi Club side is measuring approx. 0.11 ha. However, interlocking tiles have not been used here.
9. A well-developed green belt was noticed in this whole area under question (Map 1, Photo 5), except the parking area and approach roads.
Encroachments made over Green Belts (ii) by Municipal Corporation Ludhiana by allowing parking of Vehicles after concretization of huge area of Green Belts from Jagraon Road to Sherpur Chowk:
This whole stretch was neither shown to undersigned nor discussed during the site visit.
Encroachments made over Green Belts (iii) by Municipal Corporation Ludhiana by constructing library building in the Green Belt/Park near Manju Cinema in violation of directions of Hon'ble Supreme Court and this Tribunal, environmental norms and Master Plan of Ludhiana:
1. Library building has been constructed (Photo 6) by the Municipal Corporation Ludhiana on the area of approximately 650 sq. feet, somewhere in the end of year 2021 in a corner of the park/green belt under question. It is pertinent to mention here that a COCP no. 165 of 2022 is pending in Hon'ble High Court regarding the same matter. Thus, the matter is not investigated further.
D. END NOTE:
It is evident from the above that the green belt area in question has been reduced over period of time from 2013-2022 due to change of land use and construction of parking area and approach road to the project proponents at BRS Nagar. It is pertinent to mention here that the construction of paved roads and parking areas has been developed after 2014 at BRS Nagar, which is after the finalization of the declaration of the Master Plan of the city in 2008. However, the detailed investigation on approvals of approach roads, demarcation of designated greenbelt as per Ludhiana Master Plan, 2008 and temporal changes of the land use by two project proponents could provide meaningful inferences. The undersigned understood after due deliberations and site visit that Notified Master Plan on 2008 was not complied while the land use change was made."
O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors.9
7. The relevant part of the report sent by Dr. K.K. Garg, Joint Director (S), Scientist D, Integrated Regional Office, MoEF&CC, Chandigarh vide email dated 06.01.2023 is reproduced below:-
"Joint Inspection Report of the site visit undertaken by Dr. KK Garg. Joint Director (S)/Scientist-D and Shri Ravinder Singh, Technical Officer (Forestry) Grade-I, Ministry of Environment, Forest and Climate Change, Integrated Regional Office, Chandigarh on 4th January, 2023 as per the directions of Hon'ble National Green Tribunal, New Delhi vide its order dated 7th November, 2022 in OA No. 793 of 2022 in the matter of "Council of Engineers and Others verses State of Punjab" regarding illegal encroachments (ii) by the Municipal Corporation, Ludhiana by allowing parking of vehicles after concretization of huge area of green belt from Jagron Road to Sherpur Chowk: reg.
ACTUAL POSITION ON THE GROUND
7. During the site visit Joint Inspection Team observed that the land in question is green belt owned and maintained by the MC, Ludhiana. Officials of the MC, Ludhiana accepted that they area the illegal owner of this land. But most of the area of said green belt on both side of the road has been found encroached and concretized by the MC, Ludhiana for parking of the vehicles of the local beneficiaries of the adjoining area. In addition to this, applicant has' also brought to the notice of the Joint Inspection team that MC Ludhiana has made public auction for parking lots with multistory parking etc. on the said green belt. A news paper cutting provided by the applicant is annexed at Annexure-2 and photographs of the site along with KML file are annexed at Annexure-3.
FINDING IN THE INQUIRY
8. It is evident from the site visit that:
(1) The MC Ludhiana is the legal owner of the land in question i.e. green belt.
(ii) The MC Ludhiana failed to maintain the green belt as green belt by converting it as parking lots."
8. Objections to the Report of the Joint Committee were filed by the applicants vide email dated 18.03.2023. The relevant part of the objections to the report of the Joint Committee filed by the applicants is reproduced below:-
O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors.10
"Subject: Objections to Reply submitted by Joint Committee comprising of the District Magistrate, Municipal Commissioner & representative of PPCB in O.A. No. 793 of 2022 - humble request to set aside the report.
X X X X Preliminary Submissions by the Applicants:
It is humbly submitted that the Joint Committee has tried to mislead by hiding the important facts & submitting false & fabricated report regarding Lodhi Club Road as well as from Jagraon Bridge to Sherpur Chowk which are actually greenbelts & Parks as per official records too. Accordingly, it is humbly submitted as under:
i. Regarding Sacred Heart Sr. Sec. School: The School has two gates (entrance) from Main Ferozepur Road and thus the claim of Right of Way (ROW) for it is wrong & based upon fabricated facts. Further, the School Authorities have failed to present any approved building plan in which the gate towards impugned area (greenbelt) has been approved by MCL or LIT at the time of sanctioning the layout plan. Further any Right of Way doesn't conform or allow parking of vehicles in Greenbelt areas.
ii. Similarly regarding Lodhi Club, it is humbly submitted that no gate towards impugned area has been approved by MCL or LIT as the actual entrance is from Public Road towards other side i.e. I-Block (Eastern side) & Club authorities have failed to submit any Approved Building plan too. Thus there is no question of Right of Way for Lodhi Club too. Further any Right of Way doesn't conform or allow parking of vehicles in Greenbelt areas.
iii. That Municipal Corporation Ludhiana has developed the impugned area as park and same has been physically verified by MoEF&CC in their report submitted to this Hon'ble Tribunal Separately. It is pertinent to submit here that in 2019, the MCL flouted tender in the name of "REHABILITATION OF GREEN BELT LODHI CLUB ROAD - CHILDREN FRIENDLY PARK" (UNDER AMRUT SCHEME) & the project was completed at impugned Road which clearly depicts that the impugned area is greenbelt as per official records too but the Joint committee has not taken such things on record despite submitting reply by the applicant. Similar issue had arisen in the year 2015 and MCL had issued notice (581/ATP D, on August 21) to Lodhi Club to remove the encroachment. The first two pages of tender are produced herewith as Annexure PO-1. The copy of news published regarding encroachment by Lodhi Club in August 2015 in which details of notice and comments of ATP Bindra (of MCL) are mentioned is produced herewith as Annexure PO-2.
iv. That regarding illegal massive concretization in greenbelts and parks by MCL as well as impugned library building in Park & illegal parking at Old G.T. Road, it is humbly submitted that the Municipal Corporation Ludhiana vide its resolution No. 3207/3 dated 22.10.1999 had developed Green Spaces and Parks on both sides of the Road & as per letter No. 218/Horti/D dated 26-11-2022 of J.E. O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors.11
Horticulture department of MCL (translated copy along with screenshot of notings & proceedings mentioned in the same is produced as Annexure PO-3), the area in which library has been constructed is Public Park, accordingly the same have been recorded in the Master Plan. It is pertinent to submit here that as per Master Plan as well as physically verified at site by MoEF&CC, the impugned area is green belt & park which has been admitted by the Joint Committee in their reply at page No. 8 also.
v. That applicant submitted two replies via email to queries raised by the Joint Committee in this regard with applicability of Master Plan as well as above produced facts, however the Joint Committee has failed to mention these important facts in its report to give undue advantage to Lodhi Club, School & MCL. The copy of Reply dated 22-11-2022 & Reply dated 24-11-2022 sent via email are produced herewith as Annexure PO-4 & Annexure PO-5.
vi. That as per Section 80 of The Punjab Regional and Town Planning and Development Act, 1995: After coming into operation of any Master Plan in any area and subject to the other provisions of this Act, no development in respect of, or change of use of, any land shall be undertaken or carried out, in that area -
(a) without obtaining the permission in writing as provided for hereafter ; and
(b) without obtaining a certificate from the Competent Authority certifying that the development charge or betterment charge as leviable under this Act has been paid or that no such charges are leviable:
Despite knowing all such facts, MCL itself, Lodhi Club, Convent School & other private persons are being allowed to continue to damage the Environment by illegal Encroachment over land of greenbelt and library building has been illegally constructed over park by the Urban local body.
GROUNDS FOR OBJECTIONS IN DETAILS:
1. Reply to Point No. 4 at Page no. 2: As already submitted above, the Municipal Corporation Ludhiana has developed the impugned area as park and same has been physically verified by MoEFCC in their report submitted to this Hon'ble Tribunal Separately. It is pertinent to submit here that in 2019, the MCL flouted tender in the name of "Rehabilitation of GREEN BELT Lodhi Club Road - Children Friendly Park" (under AMRUT scheme) & the project was completed at impugned Road which clearly depicts that the impugned area is greenbelt as per official records too but the Joint committee has deliberately not taken such important facts on record despite submitting reply by the applicant. Further, It is specifically mentioned at line No. 3 of Joint Committee Report that "As per report received from District Town Planner vide letter No. 2647 dated 25-11-
2022, the particular site around the Lodhi Club and Sacred Heart Convent School, BRS Nagar; Jagraon Bridge to Sherpur Chown near Manju Cinema has been indicated as green belt on Master Plan. Further, one separate report submitted by O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 12
Member of Joint Committee i.e. MoEF&CC, the area has clearly been mentioned as GREEN BELT. Further the Municipal Corporation Ludhiana vide its resolution No. 3207/3 dated 22.10.1999 had developed Green Spaces and Parks on both sides of the Road & accordingly the same has been recorded in the Master Plan. However, despite knowing all these facts & even replies submitted by the Petitioner, the Joint committee comprising of Deputy Commissioner Ludhiana, Municipal Commissioner Ludhiana and Member from PPCB is intentionally trying to give unlawful benefit to Lodhi Club as well as Sacred Heart Senior Secondary School with intent to cause damage to Environment by hiding the real facts from this Hon'ble Tribunal. It is pertinent to humbly submit here that the Deputy Commissioner of Ludhiana (District Magistrate) is President of Lodhi Club as an Ex- officio.
2. Reply to Point No. 5 at Page no. 3: That if the Lodhi Club Road has been 300' Road till date, it is matter of concern that how and why Municipal Corporation Ludhiana (MCL) developed both sides of existing roads as GREENBELTS by spending huge amount of Public Money and how MCL mentioned the name of tender as Rehabilitation of Green Belt Lodhi Club Road - Children Friendly Park" (under AMRUT scheme using 76.35 Lakhs of Public Money!. Despite such facts produced before the Joint Committee by the Petitioner, the Joint Committee has failed to produce such facts before this Hon'ble Tribunal. It is pertinent to submit here that in the reply submitted to queries of Joint Committee regarding Master Plan, the applicant has specifically mentioned as under:
i. That some of the relevant statutory provision of The Punjab Regional and Town Planning and Development Act, 1995 for Master Plan are produced as under:
Section 77: At any time after the date on which the **[...] Master Plan for a planning area comes into operation the Designated Planning Agency may with the prior approval of the ***[State Government], make such minor changes in the Master Plan, as may be necessitated by typographical land cartographical errors and omissions, details of proposals not fully indicated on plan or changes arising out of the implementation of the proposals in the Master Plan: Provided that no such change shall be made unless the same is in the public interest and is notified to the public.
Section 79: After the coming into operation of any Master Plan in any area, no person shall use or permit to be used any land or carry out any development in that area otherwise than in conformity with such Master Plan :
Provided that the Competent Authority may allow the continuance of any use of any land, for a period not exceeding ten years, upon such terms and conditions as may be provided by regulations made in this behalf for the purpose and to the extent, for and to which it was being used on the date on which such a Master Plan came into operation.
O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors.13
Section 80: After coming into operation of any Master Plan in any area and subject to the other provisions of this Act, no development in respect of, or change of use of, any land shall be undertaken or carried out, in that area -
(a) without obtaining the permission in writing as provided for hereafter ; and
(b) without obtaining a certificate from the Competent Authority certifying that the development charge or betterment charge as leviable under this Act has been paid or that no such charges are leviable:
ii. That the section 356 of the Punjab Municipal Corporation Act, 1976 is produced as under:
Improvement scheme and rehousing scheme to comply with master plan and zonal development plan. - No improvement scheme or rehousing scheme framed under this Chapter after a development plan or the City or a zonal development plan for any part thereof has been prepared in accordance with law shall be valid unless such scheme is in conformity with the provisions of the development plan or the zonal development plan.
It is pertinent to humbly submit here that the land on which Lodhi Club has been constructed, was allotted to one AVIATION CLUB and as heard, some part of it was named in the LODHI CLUB by some manipulations which means, the entire land is still not in the name of Lodhi Club. There is no plan approved by Ludhiana Improvement Trust or MCL in the name of Lodhi club with entry from impugned area (greenbelt). It is pertinent to submit here that Right of Way is given to those properties which have no direct access from any Public Road. However, the Lodhi club has legal access from Public Road from I-Block side i.e. Eastern side. Similarly, the Convent School has legal access from Public Road towards Northern side i.e. Ferozepur Road and it has made two gates over that side too. Thus both Club & School have no legal right of Right of Way (ROW) through impugned area (Greenbelt). It is further pertinent to submit here that despite asked by Petitioner in meeting conducted by Joint Committee om 21-11- 2022, even School has failed to submit APPROVED BUILDING PLAN and even the Joint committee has not mentioned anywhere regarding APPROVED BUILDING PLAN in its report submitted to this Hon'ble Tribunal.
3. Reply regarding Point No. 6 at Page No. 3: That the width of the Old G.T. Road from Jagraon Bridge to Sherpur Chowk is wider and MCL vide its resolution No. 3207/3 dated 22.10.1999 had developed Green Spaces and Parks on both sides of the Road & accordingly the same has been recorded in the Master Plan. It is pertinent to submit here that as per letter No. 218/Horti/D dated 26-11-2022 of MCL (translated copy of same is produced as Annexure PO-1), the area in which library has been constructed is Public Park. The same has been physically verified by member of Joint O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 14
Committee i.e. MoEF&CC in the report submitted to this Hon'ble Tribunal separately. Despite knowing the provisions of Master Plan read with The Punjab Regional and Town Planning and Development Act, 1995 & section 356 of the Punjab Municipal Corporation Act and above all, Environmental laws, the Joint Committee has wrongly and deliberately mentioned regarding section 224/225 of the Punjab Municipal Corporation Act, 1976 without considering the mandatory provisions of Master Plan.
4. Reply to Point No. 7 of Report: As above
5. Reply to Point No. 8 of Report: The Petitioner humbly submits as under:
i. That despite mentioning in the report that "though sites are not in compliance of master plan as well as deliberately hiding the facts regarding tender in the name of "Rejuvenation of Greenbelt into Children Park on Lodhi Club Road" by MCL. Despite knowing the facts that both School as well as Club have failed to submit any APPROVED BUILDING PLANS for Right to Way through the impugned area (greenbelt). Further, in green belt towards Lodhi Club and School side, One Senior Citizen Bhawan, one Tubewell and footpaths & boundary wall have been constructed using interlocking tiles in the green belts by MCL & the trees in the land have been planted in proper planning and proper distance from each other. The report separately submitted by MoEF&CC clearly confirms all such facts. From above produced facts, the Right of Way (ROW) as mentioned by Joint Committee seems to be under influence to give unlawful benefits to both of them, thus such impugned report may please be set aside.
ii. That keeping in view of resolution No. 3207/3 dated 22.10.1999 for development of Parks/greenbelts from Jagraon Bridge to Sherpur Chowk as well as facts produced by MoEF&CC in its report submitted separately, letter No. 218/Horti/D dated 26-10-2022 issued by MCL depicting area where library building has been constructed in park, the Joint Committee has intentionally and deliberately given wrong & fabricated facts to give unlawful benefits to MCL to convert greenbelts from Jagraon Bridge to Sherpur Chowk into Paid Parking by damaging the Environment. Thus, the Report submitted by the Joint Committee comprising of the District Magistrate, Municipal Commissioner & member of PPCB is factitious and against the provisions of prevailing Acts read with Master Plan of Ludhiana, thus liable to be set aside.
iii. That COCP No. 165 of 2022 has been filed by persons against this illegal construction of library in park and despite admitting the facts that the land on which library has been constructed is Park, the Joint Committee has intentionally tried to evade from its lawful duty of clearly mention the findings in its report.
PRAYER:
That keeping in view of above produced facts & Environment laws, the Petitioner humbly prays to this Hon'ble Tribunal as under:
O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors.15
1. That the Report submitted by Joint Committee comprising of District Megistrate, Municipal Commissioner of Ludhiana and member from PPCB being based on false & fabricated, may please be set aside And
2. orders may please be passed as per the prayer as submitted by the Petitioners in Main Petition (O.A. 793 of 2022) may please be allowed And
3. Appropriate orders as deemed to be fit may please be issued to the Joint"
9. Vide order dated 09.01.2023, notices were again ordered to be issued to the respondents requiring them to file their reply/response within two months and presence of Deputy Commissioner, Ludhiana, the Commissioner, Municipal Corporation, Ludhiana and the Chairman, Ludhiana Improvement Trust was also ordered.
10. Replies were filed by respondent no. 2-the District Commissioner, Ludhiana, Respondent no. 3-Municipal Corporation, Ludhiana and Respondent no. 5-the General Secretary, Lodhi Club vide separate emails dated 27.03.2023.
11. In compliance of order dated 09.01.2023, Ms. Surabhi Malik, Deputy Commissioner, Ludhiana, Ms. Shena Aggarwal, Commissioner, Municipal Corporation, Ludhiana and Mr. Tarsem Singh Bhinder Chairman, Ludhiana Improvement Trust appeared on 28.03.2023 and we interacted with them.
12. We heard learned Counsel for the parties and reserved the matter for disposal by passing of detailed order. However, on carefully examining the matter we consider further hearing/enquiry to be necessary for the reasons stated hereinafter.
13. We have gone through the reports filed and we find that observations/findings in the Report of the Joint Committee submitted by the O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors.16
PSPCB, the District Magistrate and the Commissioner, Municipal Corporation Ludhiana and reports submitted by representatives of Regional Officer, MoEF&CC, Chandigarh are contradictory. Consequently, the report submitted by the PSPCB, the District Magistrate and the Commissioner, Municipal Corporation Ludhiana is liable to be and is, accordingly, rejected/discarded.
14. In their replies respondents No. 1 and 3 and respondent No. 2 have inter alia made the following submissions:-
(i) As per the notified Master Plan of Ludhiana, the Unified Zoning Regulations and Development Controls have been notified U/S 70(5) of the Punjab Regional & Town Planning & Development Act, 1995 vide Notification bearing No. 6515-
41/CTP(Pb)/SP-135 dated 18.10.2018. These Zoning Regulations and Development Controls are applicable on all Master Plans already notified or to be notified under the provisions of "The Punjab Regional and Town Planning and Development Act, 1995". In these Zoning Regulations and Developmental Controls for Master Plan, Para 2.7 (exception) talks about: "The site on which various projects have been approved or whose change of land use has already been permitted by the Competent Authority/Government informs the final Notification of the Master Plan such site shall be deemed to be adjusted as sanctioned/ permitted." Respondents no. 1 and 3 and respondent no. 3 have submitted that in view of said Notification change of land use which have already been permitted by Competent Authorities/ Government before the final Notification of Master Plan are deemed to have been adjusted. However, the question whether changes without O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 17 requisite permission of the Competent Authority also stand adjusted arises for adjudication.
(ii) Scheme namely Bhai Randhir Singh Nagar (550 Acre) was approved by the Government vide its Notification No. 153- USLG-(1) 76/41858 dated 06.12.1976, and drawing of the same bearing No. 3/LIT/80 dated 01.02.1990 was prepared and sanctioned, wherein, as per the Scheme, one site was reserved for Higher Senior Secondary School and another site for Water Works Site / Aviation Club, which is now developed as Lodhi Club. As per the drawing of the said Scheme, there exists 300- feet wide Southern Ring Road in front of School as well as the Water Works Site/ Aviation Club/ Lodhi Club, and there was no mention of any green belt. The area along both sides of the road, adjoining Lodhi Club and Sacred Heart Convent School, BRS Nagar, is part of the Right Of Way (ROW) and is not green belt as alleged by the applicants. The road on the back side of Sacred Heart Convent School by the applicant is a 30 feet road and routing heavy traffic through this road could cause traffic congestion and even accidents which will put the safety of students at risk during peak hours. The Club and School are constructed on the allotted sites as per the Layout Plan of the BRS Nagar developed by LIT. Since these buildings are institutional/commercial and not residential, they need access through main roads and not internal roads for better traffic management.
(iii) Old GT Road which connects Amritsar to Delhi was handed over to Municipal Corporation, Ludhiana in 1995 by Public Works Department. As per record, prior to the O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 18 construction of Ludhiana Bypass by the National Highways Authority of India from Sherpur Bypass Chowk to Jalandhar Bypass Road, the road connecting the Jalandhar Bypass and Sherpur Chowk, was passing through within the city area, was known as GT Road. The width of the said road except the portion of road passing through within the core area of the city varied between 200 feet to 225 feet. However, on the construction of Ludhiana Bypass from Jalandhar Bypass to Sherpur Chowk via Basti Jodhewal Chowk and Samrala Chowk by the National Highways Authority of India, the traffic volume on the old GT Road considerably reduced Resultantly, squatters & hawkers started unauthorized use of the unmetalled portion of the road width by placing their wooden Takhats and Kiosks for sale of articles. Apart, shanties were also erected on Katcha portion of the road. In these circumstances, to check the unauthorised use of the public road, the Municipal Corporation vide its Resolution No. 3207/3 dated 22.10.1999 sanctioned a sum of Rs 49.38 Lacs for development of green spaces and parks on both the sides of the road except on the road portion passing through within the core area of the city as the width of the road was lesser and was touching the building line. As the traffic volume increased, there was increased demand of parking spaces in the city and Municipal Corporation, Ludhiana has endeavored to provide suitable parking spaces as per the need from time to time. As per section 224/225 of the Punjab Municipal Corporation Act, 1976, all the public streets within the Municipal area vest with the Municipal Corporation and the Municipal Corporation can widen, extend or otherwise improve any such roads. Also, under Section 226 of the Municipal O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 19 Corporation Act, 1976, the Municipal Corporation can even dispose of the land becoming available on permanent closure of total or part of any street. The area along both the sides of Old GT Road is part of Right Of Way (ROW) and is not green belt as alleged by applicants.
(iv) The library building, near Manju Cinema, in question is built on the area measuring approximately 650 sq. feet and, as per the revenue record of Village Taraf Saidan, Jamabandi (Record of Rights) for the year 2007-2008, Khewat No. 2550/2818, Khasra No. 1528 (26 Bigha, 01 Biswa, 04 Biswansian) on Gairmumkin Road, reflects the ownership of Provincial Government. In the Cultivation Column, the name of the Public Work Department (PWD) is entered. Later on the same was handed over to Municipal Corporation, Ludhiana in 1995. Some part of the ROW, on both sides of the road, was developed as park by Municipal Corporation, Ludhiana in 1999 and later, a library and Statue was built in a corner of the park by Municipal Corporation, Ludhiana in 2021. In their replies respondents no. 1 and 3 and respondent no. 2 have also mentioned that a COCP No. 165 of 2022 is pending adjudication in the Hon'ble High Court with regard to the same matter and have undertaken to abide by the directions of the Hon'ble Punjab and Haryana High Court and this Tribunal. However, it may be observed here that COCP 165 of 2022 was dismissed as withdrawn by Hon'ble Punjab & Haryana High Court vide order dated 17.04.2023 with liberty to the petitioner to avail alternative remedy in accordance with law.
O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 20
15. Even though Respondents No. 1 and 3 and Respondent no. 2 have submitted in their replies that the area along both sides of the road, adjoining Lodhi Club and Sacred Heart Convent School, BRS Nagar and along both the sides of Old GT Road, is part of the Right Of Way (ROW) and is not green belt as alleged by the applicants but it is pertinent to observe that in their replies Respondents No. 1 and 3 and Respondent no. 2 have have themselves admitted that the Municipal Corporation, Ludhiana vide its Resolution No. 3207/3 dated 22.10.1999 sanctioned a sum of Rs 49.38 Lacs for development of green spaces and parks on both the sides of the road except on the road portion passing through within the core area of the city as the width of the road was lesser and was touching the building line. In short reply filed on behalf of Municipal Corporation Ludhiana in COCP No. 165/2022 titled as Gaurav Taneja Vs. Pradeep Kumar Sabhanval and others, Municipal Corporation Ludhiana has also admitted that for proper management of green spaces and parks developed on both sides of the impugned metalled road from Vishwakarma Chowk to Sherpur Chowk, the Municipal Corporation vide its Resolution No. 2741 dated 29.10.2009 sanctioned a sum of Rs. 12.56 Lakhs and the amount was inter alia spent on fencing of the green spaces and parks and other related development works. It was also mentioned in the reply that the road from Vishwakarma Chowk to Sherpur Chowk is a two-way carriage road and width of each of the way is approximately 36 feet wide. Further, on both sides of the road, footpath has been constructed for safety of pedestrians. Still further, there also exists approximately 37 feet wide service lane on both the sides for the convenience of the nearby areas and property owners whose properties are situated on this road. The land in between the foot path and service lane for the last approximately 25 years is used as green space and parks as shown in the site plan attached as Annexure R-1 with the above said short reply. O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 21
16. So far as construction of the library is concerned, in its short reply to above said contempt petition Respondent no. 3-Municipal Corporation, Ludhiana mentioned that Maharana Pratap Rajpoot Sabha (Registered), Ludhiana submitted a request dated 18.04.2017 to allow the applicant to beautify and maintain the small park situated opposite Manju Cinema, Ludhiana. To involve public participation in the improvement of environment of the city, the Government of Punjab formulated a policy in the Year 1995, and it was inter alia stipulated therein that maintenance of green spaces and parks situated within the Municipal area may be handed over to the Mohalla Associations and other non-Governmental Organizations. In the light of the above stated Govt. policy, the Finance & Contract Committee of the Municipal Corporation vide its resolution no. 5139 dated 24.08.2017 resolved to handover the beautification and maintenance of the park to the said applicant society and an agreement dated 22.09.2017 was executed between the applicant Society and the Municipal Corporation, Ludhiana. Thereafter, in a public function, which was attended by the Hon'ble Speaker, Punjab Vidhan Sabha, the Members of Parliament and Vidhan Sabha representing Ludhiana and Mayor and Councillors of Ludhiana, a statute of Maharana Pratap was installed in said park on 15.04.2018 which is known as Maharana Pratap Park since then. Maharana Partap Rajpoot Sabha (Registered), Ludhiana made representation on 17.03.2020 that the Society is largely engaged in the social work and apart from organizing blood donation camp, providing free education, medicines and books to poor, the Society also celebrates anniversary of Maharana Pratap every year with great pump, therefore, to tell the great sacrifices made by Maharana Pratap and other regional warriors a small piece of land may be allotted for construction of a Library. The representation was considered by Municipal Authorities and after deliberations, it was decided that instead of allotting any land to the applicant-Maharana Pratap Rajpoot Sabha (Regd), Ludhiana for O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 22 construction of Library, the Municipal Corporation may in discharge of its obligatory and discretionary functions not only construct a building for library but as large number of morning and evening walkers and others visit this park, a toilet set may also be constructed for public convenience. In furtherance of this decision, the Finance and Contract Committee of the Municipal Corporation, Ludhiana vide its resolution No. 5148 dated 08.11.2021 sanctioned a sum of Rs 14.76 Lac for construction of a library and toilet set. Thereafter, bids were invited from the contractors and finally the Finance & Contract Committee, which is the prescribed authority as provided under section 42(4) of the Punjab Municipal Corporation Act, 1976, vide its resolution no 5892 dated 14.12.2021 approved to award the contract of work of construction of Library to M/s R.K Construction Company, the lowest bidder. The work order to the contractor was issued on 16.12.2021 and the contractor completed the construction work at site. The building for library and toilet set has been constructed in a corner of the land of park.
17. It is in public interest to avoid unnecessary conversion of open spaces/green-belts/public parks which are necessary for protection against pollution, disturbance of the ecology and the environment. In Bangalore Medical Trust v. B.S. Muddappa, (SC) 1991(4) SCC 54 Hon'ble Supreme Court allowed writ petition filed by the residents of the locality and set aside the diversion of the user and allotment of the site reserved for a public park to private persons for construction of a hospital.
18. The question of permissibility of construction of library and toilet in public park by the Municipal Corporation, Ludhiana arises for adjudication.
19. The Government of India issued a series of Advisories/Guidelines on various facets of environmental preservation including greening of urban areas and landscaping and vide letter dated 23.09.2013 Mrs. Nandita O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 23 Mishra, Director, PHE, Government of India, Ministry of Urban Development, PHE Section informed the Chief Secretaries of States Government and UT administrations about the advisory/guideline issued and requested them to direct the concerned departments/authorities for taking necessary action for environmental preservation in the light of the guidelines issued. This Tribunal vide order dated 06.07.2016 passed in O.A No. 165/2013 (M.A No. 588/2016) titled as Akash Vashishtha Vs. Union of India & Ors. directed the State Departments to issue policy Guidelines in this regard. Office Memorandum dated 21.07.2020 was issued by Government of India, Ministry of Urban Development and Poverty Alleviation, Delhi Division for taking follow up action as per the guidelines for greening of urban areas and landscape.
20. No doubt, with increasing urbanization, the demand for public facilities such as library, toilets etc., and parking spaces has also increased and Municipal Corporation Ludhiana has to provide such public facilities library, toilets etc., and also suitable parking spaces for the increasing number of vehicles on the road for smooth management of traffic and proper convenience but the same cannot be provided by unnecessarily converting/destroying public parks and green belts. The questions of permissibility of construction of parking sites and library in green belts/parks are involved in the present case. The Municipal Corporation Ludhiana has referred to the pendency of COCP No. 165/2022 before Hon'ble Punjab and Haryana High Court but said contempt petition has already been dismissed as withdrawn by the Hon'ble Punjab and Haryana High Court vide order dated 17.04.2023 with liberty to petitioner to avail the alternative remedy in accordance with law. In the facts and circumstances of the case substantial questions relating to environment arising out of the implementation of enactments specified in Schedule I of the National Green O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 24 Tribunal Act, 2010 involved in the case are required to be adjudicated upon by this Tribunal.
21. In view of the above factual background following aspects are required to be further probed:-
(i) the details regarding length, width, boundaries and area of green spaces and parks developed on both the sides of the road adjoining Lodhi Club and Sacred Heart Convent School, BRS Nagar and along both the sides of Old GT Road, by the Municipal Corporation Ludhiana in execution of its Resolution No. 3207/3 dated 22.10.1999 with sanctioned amount of Rs 49.38 Lacs and all subsequent resolutions and sanctioned budget amounts;
(ii) the details regarding length, width, boundaries and area of concretization done on both the sides of the road adjoining Lodhi Club and Sacred Heart Convent School, BRS Nagar and along both the sides of Old GT Road, by the Municipal Corporation Ludhiana with particulars of resolutions and sanctioned budget amounts;
(iii) the details regarding length, width, and area with date of creation and concretization of passage for Lodhi Club and Sacred Heart Convent School, BRS Nagar;
(iv) the details regarding length, width, and area of parking outside Lodhi Club and Sacred Heart Convent School, BRS Nagar;
(v) the details regarding length, width, boundaries and area of parking spaces developed or to be developed on both the O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 25
sides of the road adjoining Lodhi Club and Sacred Heart Convent School, BRS Nagar and along both the sides of Old GT Road by the Municipal Corporation Ludhiana with number of the resolutions and sanctioned amounts;
(vi) the details regarding construction of library building with number of Resolution, sanctioned budget amount and year of sanction and construction; and
(vii) details regarding trees standing in the open space outside the premises of the Lodhi Club and Sacred Heart Convent School, BRS Nagar and Old GT Road which were damaged or uprooted for creation of passage or parking spaces.
22. Accordingly, we constitute another Committee comprising of Representatives of Regional Officer MOEF&CC and CPCB and representative of PSPCB preferably some officer from Chandigarh to be nominated by its Member Secretary and direct the same to meet within one month and verify the factual position with respect to averments made in the application and aspects mentioned above and suggest remedial measures. PSPCB will be the Nodal Agency for coordination and compliance. The District Magistrate Ludhiana and Commissioner, Municipal Corporation, Ludhiana shall provide the relevant record and extend requisite cooperation to the Committee.
23. Report be submitted by the newly constituted Joint Committee within two months by email at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
24. Further, we have noticed that in the reply filed by the Municipal Corporation of Ludhiana, it has been submitted that over the last five years, O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 26 the Corporation has planted more than 150,000 plants and shrubs. Such plantation drives are carried out year after year but the survival rate is not documented and no tree census is conducted for this purpose in the area despite documentation of survival rate and census of trees being necessary for taking appropriate remedial measures in this regard.
25. The Municipal Corporation of Ludhiana is stated to be maintaining 892 parks and green belts, and to have developed in the last year alone, approximately 20 acres of new green belts and parks. However, it appears that the details regarding such green belts and parks are not publically notified and there is no grievance redressal mechanism for redressal of grievances regarding encroachment on the same.
26. The Municipal Corporation of Ludhiana is directed to upload the details regarding all the 892 parks and 20 acres of new green belts and parks developed on its website/District Administration Website within one month from the date of this order with requisite details regarding (i) boundaries, length and width and revenue number if any; (ii) encroachments if any made and action taken for removal of such encroachments and (iii) Grievance redressal mechanism evolved for redressing grievances regarding removal of encroachments. The Municipal Corporation, Ludhiana is directed to document survival rate of the plantation made and conduct census of the trees within municipal area within two months and take appropriate remedial measures for protection of plantation and trees.
27. The Commissioner, Municipal Corporation, Ludhiana is directed to file Action Taken Report in this regard on or before 31.10.2023 by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
O.A No. 793/2022 Council of Engineers & Ors. Vs. State of Punjab & Ors. 27
28. It may also be observed here that State of Punjab, which has always been considered to be progressive and prosperous state inhabited by people who lead in the front in all spheres of human activities, does not have any law for protection of trees similar to the Delhi Trees Preservation Act, 1994 and any law for protection of green belts and parks similar to Uttar Pradesh Protection of Trees Act, 1976 and the Uttar Pradesh Parks, Play grounds and Open Spaces (Preservation and Regulation) Act, 1975. For appropriate remediation of environmental issues of protection of trees and open spaces, green belts and parks involved, we consider it appropriate to request the Chief Secretary to Government of Punjab (i) to place the matter before the Punjab Legislature for considering the desirability of enacting similar legislations and (ii) to issue appropriate administrative instructions for protection of trees and open spaces, green belts and parks till the enactment of such legislations.
29. List for further consideration on 07.11.2023.
30. A copy of this order be sent to the Chief Secretary to Government of Punjab, Regional Officer MOEF&CC, CPCB, PSPCB, District Magistrate, Ludhiana and the Commissioner, Municipal Commissioner, Ludhiana for requisite compliance.
Arun Kumar Tyagi, JM Dr.Afroz Ahmad, EM August 07, 2023 AG