National Green Tribunal
Public Action Committee Through Its ... vs State Of Punjab Through The Chief ... on 18 August, 2025
Item No. 01 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 415/2025
Public Action Committee Applicant
Versus
State of Punjab & Ors. Respondent(s)
Date of hearing: 18.08.2025.
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE MR. ISHWAR SINGH, EXPERT MEMBER
Applicant: Mr. Kapil Dev, Applicant in Person
ORDER
1. In this Original Application (OA), the applicant has raised the grievance against the direction of the Respondent No.1 issued to the Administrative Secretaries of various departments/Heads of the Autonomous bodies, PCB etc., to transfer the fund to the State Treasury by the next day.
2. The plea of the applicant is that this order requires transfer of the following funds:
A. 84 crores from the Department of Forest and Wildlife Conservation, Punjab out of which 44 crores are from Punjab State Forest Department Division (PSFDC) in the form of receipt in the treasury on account of sale proceeds of fallen trees and 40 crores are from 1 PSFDC in the form of receipt in the treasury against unutilized funds for land acquisition.
B. The order further requires transfer of 272 crores from Department of Science, Technology and Environment which includes 250 crores from Punjab Pollution Control Board (PPCB) from non-NGT funds out of surplus of PPCB and 22 crores to be received from Mission Tandrust Punjab Society from its unutilized surplus as receipt.
3. The submission of the applicant is that the funds of the PPCB and Department of Forest and Wildlife Conservation meant for environment purpose cannot be transferred for general purpose. Further submission of the applicant is that the funds generated for protecting ecology and providing regeneration should not be treated as fund under Article 266 and 283 of the Constitution of India and in this regard he has relied upon the order of the Hon'ble Supreme Court dated 26.09.2005 passed in the matter of T.N. Godavarman Thirumulpad v. Union of India.
4. The further submission of the applicant is that such transfer is contrary to the object and functioning of PUNCAMPA, provisions of Compensatory Afforestation Funds Rules, 2018, orders of the Hon'ble Supreme Court in the matter of T.N. Godavarman Thirumulpad v. Union of India and provisions of the Compulsory Afforestation Fund Act, 2016.
5. Further submission of the applicant is that PPCB is an autonomous body and the funds allocated for the purpose of environmental compensation are required to be utilized for restoration of the environment as per the guidelines of the Board and in terms of the order of the NGT.
Acting contrary to it, the respondent no.1 could not have directed transfer of these funds for general purpose use in the State Treasury.
26. Though, the OA was filed on the basis of the newspaper report but during the course of hearing, the applicant has produced the directions of the respondent no.1 as contained in the minutes of the meeting dated 07.08.2025 which is extracted below:
"Minutes of the meeting dated 07.08.2025 under Chairmanship of W/Chief Secretary regarding the deposit of amount lying in bank accounts of departments including entities thereunder. A meeting was held with all the concerned Administrative Secretaries to deliberate on the above-mentioned subject after deliberations following decision were taken.
Sr. Name of the Proposal Decision taken No. Department
1. Forest and a) 44.00 Crore from PSFDC in The Chair directed Wild Life the form of Receipt in the department to Conservation Treasury on account of sale deposit the money in proceeds of fallen trees. the State treasury by
b) 40.00 Crore from PSFDC in tomorrow.
the form of Receipt in Treasury against unutilized Total amount to be funds for land acquisition. deposited 84 cr.
Total 84.00 Crore as
Receipt.
2. School a) 62.49 Crore as one-time The Chair directed
Education receipt from Department in the department to
(Secondary) the form of Receipt in deposit the money in
Treasury on account of the State treasury by
advance salary deposits tomorrow.
from newly established
private schools for staff Total amount to be
salaries in case of closure. deposited 62.49 cr.
b) New Scheme with Token Provision to be introduced for future payment on need basis.
Total: 62.49 Crore as Receipt.
3. Excise and 35.00 Crore of available The Chair directed Taxation unutilized surplus as receipt the department to from ETTSA. deposit the money in the State treasury by Total: 35.00 Crore as tomorrow.
Receipt.
Total amount to be deposited 35 cr.
4. Department 60.00 Crore of available The Chair directed of Good unutilized surplus as receipt the department to Governance from PSeGS deposit the money in and the State treasury by Information Total: 60.00 Crore as tomorrow.
Technology Receipt.
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Total amount to be
deposited 60 cr.
5. Department a) 150.00 Crores as receipt The Chair directed
of Food, Civil from PUNGRAIN on account the department to
Supplies and of unpaid Administrative deposit the money in
Consumer Charges. the State treasury by
Affairs b) 25.00 Crore as receipt from tomorrow.
UID Deposit. This can be
withdrawn by the Total amount to be
Department as and when deposited required, on need basis. 90+25=115 cr.
Total: 175.00 Crore as Receipt.
6. Department a) 250.00 Crore as receipt The chair directed the of Industries from PSIEC on account of department to deposit and unutilized land acquisition the proposed Commerce. cost. balances except
b) 250.00 Crore as deposit PUNCOM.
from PSIEC under Liquidity For InfoTech the Management Facility. amount to be
c) 20.00 Crore as receipt from deposited is 25 cr. INFOTECH on account of Further FD will unutilized surplus. provide the necessary
d) 35.00 Crore from PSIDC as budget if needed and receipt on account of requested by unutilized deposit. PSIDC to department in Future.
seek GIA in case of payment
of bonds amount (Principal) Total amount to be
to investors. deposited by the
e) Future Provision of GIA for department
PSIEC to be considered on 250+250+25+35+1
the basis of surplus. 74=734 Cr.
f) 20.00 Crore to be received
from PUNCOM unutilized
surplus as receipt.
g) PUNCOM Disinvestment to
be expedited considering
the high-value land assets
under its possession (300-
400 Cr).
h) 174.00 Crore from BIPB as
receipt to be adjusted as
book entry at treasury level.
Receipt: 499.00 Crore.
Deposit: 250.00 Crore.
Total: 749.00 Crore.
7. Department 20.00 Crore to be received The Chair directed
of from Citrus Estates on account the department to
Horticulture of sale proceed of chemical, deposit the money in
rent, testing fee the State treasury by
etc. tomorrow.
Total: 20.00 Crore as
Receipt. Total amount to be
deposited by the
department: - 20 cr.
8. Department 22.00 Crore to be received The Chair directed
of Science, from Mission Tandrust Punjab the department to
Technology Society from its unutilized deposit the proposed
& surplus as receipt. amount lying with
Environment B) Non- NGT Funds out of Mission Tandrust
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surplus of PPCB may be Punjab Society and
considered for transfer. also Rs. 250 Cr from
PPCB in the State
treasury by
tomorrow.
Total amount to be
deposited by the
department
22+250=272 cr.
9. Department 14.00 Crore to be received The Chair directed
of Home from Department of Home the department to
Affairs and Affairs and Justice as receipt deposit the money in
Justice on account of SanjhKendra. the State treasury by
b) 27.00 Crore to be received tomorrow.
from Punjab Police Housing
Corporation (PPHC) as receipt Total amount to be
on account of incentive of deposited by the
passport verification. department
14+27=41 cr.
Total: 41.00 crore as
receipt.
10. Department 18.00 Crore of undisbursed The Chair directed
of Social pension to be deposited back the department to
Security and into treasury from Department deposit the money in
Development of social security, women and the State treasury by
of Women child development. tomorrow.
and
Children Total: 18.00 Crore as Total amount to be
Receipt. deposited by the
department: - 18 cr.
11. Department Unutilized funds lying in the
The chair directed the
of Labour Board, may be used to meet
department to make a
the portion of subsidies provision for payment (Power, free travel etc.) being under Shagun availed by the members Scheme, power (Construction, subsidies, pension labour/labourers) of the etc. from the funds board. lying in theboard.
Further the state will make readjustment of the budget already provided to other line departments making the same payments so as to avoid double payments for the same schemes.
12. Department Surplus funds available with The chair directed the of the Warehousing department to explore Agriculture Corporation/Punjab Container the feasibility of and Farmer Warehouse may be taken as transfer of Welfare Receipt or Deposit. warehouses of Punjab pungrain to warehousing corporation.
As directed by the Chair the total amount of Rs. 1441.49 from all the concerned departments will be deposited in the state treasury by tomorrow and DTA will ensure the deposit of funds as nodal officer."
57. The applicant submits that though the amounts may have been transferred but the authorities may be restrained to utilize the amount as it is contrary to the order of the Hon'ble Supreme Court and the provisions of the Act.
8. Issue notice to the respondents for filing their response/reply by way of affidavit at least one week before the next date of hearing. If any respondent directly files the reply without routing it through his advocate, then the said respondent will remain virtually present to assist the Tribunal.
9. The applicant is directed to serve the respondents and file affidavit of service within 02 weeks.
10. Till the next date of hearing the respondent authorities are restrained from utilizing the amount mentioned in Para-2 above without the leave of the Tribunal.
11. List on 03.09.2025.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM Ishwar Singh, EM August 18, 2025 O.A. No. 415/2025 AM.
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