National Green Tribunal
Amandeep Singh Bains vs The Municipal Commissioner Of Ludhiana on 27 February, 2024
Item No. 07 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 292/2023
Dr. Amandeep Singh Bains Applicant
Versus
The Municipal Commissioner of Ludhiana & Ors. Respondent(s)
Date of hearing: 27.02.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Yogesh Maini, Applicant in Person (Through VC)
Respondent: Mr. Ankit Siwach, Adv. for Municipal Corporation, Ludhiana (Through
VC)
Mr. Iqbal Singh Ratta, Adv. for R - 2 (Through VC)
ORDER
1. In this Original Application, the applicant has come up with the grievance that the green area of Rakh Bagh Park in Ludhiana is being used for commercial purposes such as Cafeteria, Amusement Park and other purposes like putting up statue of a private person. It was further disclosed that the park was given by the Municipal Corporation to M/s O.P. Munjal Foundation for maintenance as Corporate Social Responsibility (CSR) but the said respondent is using it for unauthorized purposes.
2. In terms of earlier directions of the Tribunal, now the action taken report dated 30.01.2024 has been filed on behalf of the Municipal Corporation, Ludhiana disclosing that the Municipal Corporation had issued notice dated 24.11.2023 to M/s Hero Cycle Limited stating that the erection of statue in the park was considered illegal and in compliance of the notice, statue was taken down. It is further stated that 1 in compliance of the direction, Cafeteria developed by M/s Hero Cycle Limited has also been taken down.
3. The applicant has filed objection to the above action taken report disclosing that the Municipal Corporation has removed the statue but the huge concrete structure constructed for the statue is still at site which is displaying the details of Hero Cycle Company on wall in huge area. It is further objected that the advertisement engraved on wall as well as major constructed structure has not been removed by the Municipal Corporation and that the concrete shops constructed for Cafeteria are still existing and Municipal Corporation has only removed the shed area and other temporary structure.
4. Learned Counsel for the Municipal Corporation, Ludhiana has submitted that within two days, all the concrete structures erected for the setting up of the statue and Cafeteria will be removed and the green area of the park will be restored to its original position.
5. In the objection, it has also been stated that the green area of the park is still being used as Amusement Park with continued operation of mechanical/electrical joy rides, whereas, only swings, sea-saw etc. are allowed to be installed in the green area. Along with the objection, the photographs have been enclosed showing that a large area of the park has been used for setting up the mechanical joy rides by covering the ground.
6. Learned Counsel appearing for the Municipal Corporation, Ludhiana seeks time to obtain instructions in respect of the action taken for the joy rides etc. and also to examine, the extent to which such joy rides, swings etc. are permissible in the public park. 2
7. In view of the above, we direct respondent, Municipal Corporation, Ludhiana to file a fresh action taken report within a period of three weeks by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
8. In the meanwhile, learned Counsel for respondent no. 2 may also file the reply within a further extended period of three weeks by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
9. List on 23.04.2024.
Prakash Shrivastava, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM February 27, 2024 Original Application No. 292/2023 JG 3