National Green Tribunal
Public Action Committee Through Its ... vs The State Of Punjab Through The ... on 9 July, 2025
Item No. 04 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 327/2025
Public Action Committee Applicant
Versus
State of Punjab & Ors. Respondent(s)
Date of hearing: 09.07.2025
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant Mr. Kapil Dev & Mr. Kuldeep Singh Khaira, Applicants in Person
(Through VC)
ORDER
1. In this Original Application (OA), applicant has raised the grievance against ongoing construction of RCC retaining wall after filling earth along the bank, affecting the flow of Budha Dariya (Budha Nalla) which is a natural water stream.
2. Applicant has also raised the grievance against ongoing construction of road by side of Budha Nalla by respondent-Municipal Corporation, Ludhiana.
3. Applicant alleges that offending construction will reduce the width of Budha Nalla from 58 feet to 35 feet by about 40 %. It is also the plea of the applicant that respondents were required to remove the encroachment from Budha Nalla but instead of doing so they are raising construction on Budha Nalla and affecting its flow. 1
4. The applicant has also alleged that such offending construction will result into overflow of toxic effluents (mixture of industrial chemicals and sewage) of Budha Nalla in adjoining colonies and which may result in spread of deadly diseases like Cholera, typhoid, malaria etc.
5. Applicant appearing virtually has referred to photographs filed as annexure-P4 to show that construction will affect the flow of Budha Nalla and has also referred to photograph on page 30 showing construction being made restricting the flow of Budha Nalla.
6. Applicant has enclosed the news items as annexure P5 which supports the plea of the applicant about narrowing of Budha Nalla due to construction in question. In support of his submission that such activity cannot be permitted, applicant has relied upon the order of the NGT in OA No.16/2014 dated 10.02.2023 in the matter of Shri Hazi Arif Vs. State of UP & Ors.
7. OA raises substantial issue relating to compliance of environmental norms.
8. Issue notice to the respondents for filing their reply by way of affidavit alteast one week before the next date of hearing.
9. Applicant is directed to serve the respondents and file affidavit of service at least one week before the next date of hearing.
10. In order to ascertain the correct position, we also form a joint committee comprising of representatives of RO, MoEF &CC Chandigarh; Executive Engineer, Drainage cum Mining and Geology Division, Department of Water Resources, Ludhiana; Member Secretary, Punjab Pollution Control Board and District Magistrate cum District Collector, Ludhiana.
11. District Magistrate, Ludhiana will act as a nodal agency. 2
12. Committee will visit the site, ascertain the correctness of the allegation made in this OA and also find out nature of construction being raised in Budha Nalla and its effect on flow of Budha Nalla and its ecology. Joint committee will submit the report within eight weeks.
13. Meanwhile, District Magistrate, Ludhiana will ensure that no illegal construction takes place in Budha Nalla.
14. A copy of this order be forwarded to members of the Joint Committee by email for compliance.
15. List on 14.10.2025.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM July 09, 2025 Original Application No. 327/2025 JG.
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