National Green Tribunal
Sunil Sharma vs State Of Haryana & Ors on 15 April, 2025
Item No.8 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI.
(Through Physical Hearing with Hybrid V.C. Option)
Original Application no.34/2025
Sunil Sharma ...Applicant
Versus
State of Haryana & Ors. ...Respondents
Date of hearing: 15.04.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER.
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER.
Applicant: None for the Applicant.
Respondents: Mr. Rahul Khurana, Advocate for respondents no. 1 to 4.
Mr. Vijay Kr. Sharma and Ms. Shagoti Batchas, Advocates
for respondent no. 5.
ORDER
1. Mr. Sunil Sharma, resident of 114/11E, Faridabad has sent the present letter petition to this Tribunal, which has been treated and registered as O.A. No. 34/2025 for exercise of suo moto jurisdiction as per Judgment of Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC 897.
2. The relevant part of the letter petition enumerating grievances of the applicant is reproduced as follows:-
" It is stated I had given complaint on 22nd October 2024 in MCF, Faridabad regarding that a person named Devender Maan of Address B1/118/ Block B, Sector-11, Faridabad cut down all the green trees & Plants from Sector-11 Park and encroached that park land and started construction of temple in that park for personal gains. There is a very big and O.A. No. 34/2025 Sunil Sharma Vs. State of Haryana & Ors.-2-
popular temple around 100-150 meters distance from this park land and as this park in in the market of sector-11, any such construction will create hug traffic problem, parking problem resulting in air pollution in that area.
I described the entire story to MCF, Joint Commissioner and requested them immediately intervene to stop this illegal construction and seize the all the equipment's which were being used in the construction of that illegal temple and take strict action against Mr. Devender Maan for such illegal construction. MCF team visited the spot on 22nd Oct and took the photography as a formality but MCF took no action.
Shockingly on 08th Nov, I came to know that construction was in full swing and construction laborers were setting up the settring for roof and main pillars. I again given complaint to Joint Commissioner, MCF. Joint Commissioner directed MCF team to seize the entire settring material and other equipment- material from that place and issue warning to the person encroaching the land and doing illegal construction but took no action till now. Then again, I complained to MCF, Additional Commissioner on 11h Nov 2024 to take strict action. Even I have given complaint in MCF and forest department, Faridabad to register FIR for cutting of all green trees and plants from that park. Sorry to say that it seems that MCF is indirectly supporting such illegal constructions, and no one has taken any action till so far.
There are clear guidelines from Supreme Court that parks can't be encroached for any kind of illegal construction and MCF acknowledges this aspect. I do not have any hope or faith on MCF and Forest department as they have not taken any action yet. I will request you to kindly take strict action on immediate basis against all the responsible persons including MCF and others so that cutting of trees and illegal construction can't be stopped on park lands. I will be thankful for your kind action. I have attached all the MCF and Forest department complaints for your reference"
3. Vide order dated 10.02.2025 this Tribunal impleaded (1) State of Haryana through Additional Chief Secretary, Department of Environment and Climate Change, Government of Haryana, (2) Haryana State Pollution Control Board (HSPCB), (3) Municipal Corporation, Faridabad through its Commissioner, (4) District Magistrate, Faridabad and (5) Devender Maan O.A. No. 34/2025 Sunil Sharma Vs. State of Haryana & Ors. -3- resident of B1/118/ Block B, Sector-11, Faridabad as respondents No. 1 to 5 and ordered issuance of notices to them.
4. By the above said order this Tribunal also constituted a Joint Committee comprising of representatives of the Haryana State Pollution Control Board, Commissioner, Municipal Corporation, Faridabad, Chief Administrator, Haryana Shehri Vikas Pradhikaran, Faridabad and District Magistrate, Faridabad and directed the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and take appropriate remedial action by following due course of law.
5. In compliance thereof report of the Joint Committee has been filed by learned Counsel for the respondents no. 1 to 4. The relevant part of the report reads as under:-
"STATUS REPORT ON BEHALF OF THE JOINT COMMITTEE CONSTITUTED VIDE ORDER DATED 10.02.2025 X X X X
3. That in the compliance of order dated 10.02.2025, the Haryana State Pollution Control Board issued the letter to all the concerned joint committee members. Accordingly the Joint committee comprising of SDM, Ballabgarh (Nominee of Deputy Commissioner Faridabad) Joint Commissioner MCF (Nominee of Municipal Commissioner Faridabad), Superintending Engineer, HSVP (Nominee of Administrator HSVP) and Assistant Environmental Engineer (Representative of HSPCB) decided to inspect the said site by associating the applicant and representative of the Respondent No.5 namely Sh. Devender Maan resident of B1/118/ Block B, Sector-11, Faridabad).
4. That inspection of site in question was carried out by the Joint Committee alongwith respondent No.5 on 11.03.2025 in consultation with applicant Mr. Sunil Sharma, who expressed his inability to accompany the joint committee on the day of inspection but shared videos/photos of encroachment of said site through Whatsapp. The applicant was also asked to share any proof of tree cutting but he did not submit any proof.
5. That during joint inspection it was told by persons gathered at spot that they live in the vicinity and temple was constructed by pooling money from residents on land specified for tubewell. No permission for construction of temple was shown by anyone including Respondent No.5. It was informed O.A. No. 34/2025 Sunil Sharma Vs. State of Haryana & Ors.-4-
that the said sector i.e. Block B1 Sector 11, Faridabad was privately colonized by DLF and now the park is being maintained by RWA but the area in question falls under municipal limits of Faridabad. Photographs of the site in question are annexed as Annexure-1.
6. That according to MCF, the said land in question belongs to MCF and no permission has been obtained by RWA for construction of the temple. It was also informed that a tubewell was installed on this land which became defunct 15 years ago. MCF tried to demolish the temple on 22.10.2024 but could not demolish the temple due to the protest of the local residents. It has also been reported by MCF that no tree cutting was done at site.
7. That HSPCB being the Nodal Agency vide its letter dated 12.03.2025 sought Action Taken Report from MCF. (Copy of HSPCB letter dated 12.03.2025 attached as Annexure-2).
8. That further vide letter dated 13.03.2025, the MCF has submitted that it has issued notice to the person found at site, Sh. Devender Maan under section 408 of Municipal Corporation Act, 1994 on 13.03.2025. (Copy of the MCF's reply dated 13.03.2025 is enclosed as Annexure-3)."
6. Notices were duly served on respondents no. 1 to 4 through email and respondent no. 5 through speed post.
7. Respondents no. 1 to 4 have appeared through Counsel but Respondent no. 1 to 4 have not filed their replies/responses so far despite sufficient opportunity having been granted for this purpose.
8. Initially on 18.03.2025 Ms. Shubhangi Tiwari, Advocate appeared on behalf of respondent no. 5 without filing any Vakalatnama and sought adjournment for filing of Vakalatnama and reply.
9. However, Vakalatnama and reply/response have not been filed by respondent no. 5 despite sufficient opportunity having been granted.
10. Mr. Vijay Kr. Sharma and Ms. Shagoti Batchas, Advocates have appeared for respondent no. 5 today without filing any Vakalatnama.
11. Learned Counsels for respondent no. 5 seek further adjournment for filing of reply/response on behalf of respondent no. 5. O.A. No. 34/2025 Sunil Sharma Vs. State of Haryana & Ors. -5-
12. Respondent no. 5 has already been given sufficient time and opportunity for filing his reply/response but he has failed to file his response. No sufficient ground for grant of further adjournment for filing of reply/response on behalf of respondent no. 5 is made out and further adjournment for filing of reply/response is, therefore, declined.
13. We have heard submissions made by the applicant and learned Counsel for the respondents.
14. As mentioned by the Joint Committee in its report, the Joint Committee visited the site alongwith respondent no. 5 on 11.03.2025 in compliance with order dated 10.02.2025 passed by this Tribunal. The applicant did not accompany the Joint Committee but he shared videos/photos of encroachment of the site through whatsapp although he is stated not to have shared any proof of cutting of trees. In its report the Joint Committee has mentioned that during joint inspection it was told by persons gathered at spot that they live in the vicinity and temple was constructed by pooling money from residents on land specified for tubewell. No permission for construction of temple was shown by anyone including Respondent No.5. It was informed that the said sector i.e. Block B1 Sector 11, Faridabad was privately colonized by DLF and now the park is being maintained by RWA but the area in question falls under municipal limits of Faridabad. In its report the Joint Committee has also mentioned that according to MCF, the said land in question belongs to MCF and no permission has been obtained by RWA for construction of the temple. It was also informed that a tubewell was installed on this land which became defunct 15 years ago. MCF tried to demolish the temple on 22.10.2024 but could not demolish the temple due to the protest of the local residents. It has also been reported by MCF that no tree cutting was done at site.
O.A. No. 34/2025 Sunil Sharma Vs. State of Haryana & Ors. -6-
15. Photographs of the site in question have been annexed by the Joint Committee as Annexure-1 but videos/photos of encroachment of the site shared by the applicant with the Joint Committee through whatsapp have not been enclosed with the report.
16. It may also be observed here that letter no. HSPCB/BR/2025/2018 dated 12.03.2025 was written by the Regional Officer, HSPCB, Ballabhgarh Region to the Joint Commissioner, Municipal Corporation, Faridabad (Old Zone) in reply to which letter no. MCF/Asst. Engg./2025/519 dated 13.03.2025 was written by the Joint Commissioner, Municipal Corporation, Faridabad (Old Zone) to the Regional Officer, HSPCB, Ballabhgarh Region. Copies of the above said letters have been attached with the report of the Joint Committee.
17. In letter no. MCF/Asst. Engg./2025/519 dated 13.03.2025 the Joint Commissioner, Municipal Corporation, Faridabad (Old Zone) had mentioned that details of Khasra number of the land in question which belongs to Municipal Corporation, Faridabad were not available as the same was not given in the layout plan given by concerned JE and AE. Tube-well had been installed in the land in question which has gone out of order about 15 years back.
18. In the report submitted by concerned JE and AE attached with the above said letter of the Joint Commissioner, the land in question is stated to be park.
19. In its report the Joint Committee has also mentioned the site in question to be part of park now maintained by RWA.
O.A. No. 34/2025 Sunil Sharma Vs. State of Haryana & Ors. -7-
20. Learned Counsel for respondent no. 5 has submitted that the site in question is not park and this Tribunal has no jurisdiction with reference to encroachment on open space/public land.
21. This submission is not supported by any document and is contradicted and negated by the report submitted by concerned JE and AE and also the report submitted by the Joint Committee.
22. It may be observed here that vide order dated 05.07.2023 passed in M.A. No.69/2022 in Original Application No. 331/2022 and Execution Application No. 26/2022 in Original Application No.331/2022 titled Omprakash Vs. State of Haryana & Ors. this Tribunal directed the Commissioner, Municipal Corporation, Faridabad to file additional reply giving complete information regarding all parks/green belts/open lands within municipal limits of Faridabad City with all requisite details including revenue number, size/area, location, present status, encroachments if any and action taken for removal of such encroachments.
23. In compliance with order dated 05.07.2023 passed by this Tribunal in M.A. No.69/2022 in Original Application No. 331/2022 and Execution Application No. 26/2022 in Original Application No.331/2022 titled Omprakash Vs. State of Haryana & Ors., affidavit dated 20.12.2023 along with Annexure R/1 'Details of Parks in Faridabad' was filed by Smt. A. Mona Sreenivas, Commissioner, Municipal Corporation, Faridabad and details of parks situated in Sector - 11, Faridabad were mentioned in Annexure R/1. In the above said list 'tube-well, park' were mentioned at serials no. 550, 557, 566, 595, 607, 608, 612 and 'tube well, store, park' were mentioned at serial no. 612 to be situated in Sector - 11, Faridabad and 'tube-well, mandir and park' were mentioned at serial no. 610 to be situated in Sector - 11 E. O.A. No. 34/2025 Sunil Sharma Vs. State of Haryana & Ors. -8-
24. We find no plausible explanation or valid justification for failure on the part of the Commissioner, Municipal Corporation, Faridabad to file his response in the present case mentioning the requisite details including khasra numbers, boundaries and area of the land in question and also its status.
25. The Report of the Joint Committee as to the land in question being park is also supported by above mentioned 'List of Parks in Faridabad'.
26. The parks/open spaces in residential areas or in busy townships, which provide fresh air and refreshment to the persons in the neighborhood, are treated as lungs thereof, whose presence ameliorates the hazards of pollution and have to be preserved and protected for the health and wellbeing of the inhabitants of the area and the same cannot be allowed to be destroyed or bartered away for any other purpose and no person, natural or juristic, of whatever rank or profile, can be allowed to occupy the public parks/open spaces for their personal or commercial use or for religious or any other kind of activity. The Right to Life under Article 21 of the constitution includes within it the Right to Clean and healthy environment. The State is under a constitutional obligation to exercise its unbridled sovereign power and to direct its policy to maintain ecological balance and hygienic environment and protect and improve environment. The State and its instrumentalities have to take appropriate steps for creating wide spread public awareness to protest against and not to support such illegal encroachments and unauthorized constructions. Further, the State and its instrumentalities have to, in discharge of constitutional obligations embodied by the Doctrine of Public Trust, take all measures for prevention as well as removal of encroachments and demolition of illegal constructions on such public lands/public parks.
O.A. No. 34/2025 Sunil Sharma Vs. State of Haryana & Ors. -9-
27. The Hon'ble Supreme Court vide order dated 29.09.2009 passed in Special Leave to Appeal (C) No. 8519 of 2006 titled as Union of India Vs. State of Gujarat & Ors. directed that after that date no unauthorized construction shall be carried out or permitted in the name of Temple, Church, Mosque or Gurudwara etc. on public streets, public parks or other public places etc. and after initially seeking reports and monitoring implementation, vide order dated 31.01.2018 remitted the matters to the respective High Courts for ensuring implementation of its orders in effective manner.
28. Construction of a religious structure is the most usual mode adopted by the land mafia for grabbing public lands/public parks by making illegal encroachments and unauthorized constructions with ulterior motives by misusing faith, playing with sentiments and aggravating feelings of the members of public/residents of the locality in the name of religion for serving camouflaged personal objectives. None of the religious faiths provides any shield to such illegal activities. Any construction, which is illegally raised by encroaching upon any public lands/public parks, cannot be accorded the status of religious structure for its protection for the simple reason that the religious scriptures require setting up of any religious structure with vidhi- vidhan necessitating compliance not only with religious but also legal and societal norms and any such construction of any religious structure on public land/public park will be liable to be demolished by the concerned administrative authorities without any reservation/hesitation at all immediately for restoration of the public lands/public parks to its original state.
29. Affidavit dated 20.12.2023 along with Annexure R/1 'Details of Parks in Faridabad' filed by Smt. A. Mona Sreenivas, Commissioner, O.A. No. 34/2025 Sunil Sharma Vs. State of Haryana & Ors. -10- Municipal Corporation, Faridabad in compliance with order dated 05.07.2023 passed by this Tribunal in M.A. No.69/2022 in Original Application No. 331/2022 and Execution Application No. 26/2022 in Original Application No.331/2022 titled Omprakash Vs. State of Haryana & Ors., was considered by this Tribunal on 21.12.2023. The relevant part of the order reads as under:-
"4. Affidavit dated 20.12.2023 has been filed by the Commissioner Municipal Corporation, Faridabad vide email dated 20.12.2023.
5. We have gone through the affidavit and we appreciate the efforts made by the Commissioner Municipal Corporation, Faridabad in listing all the parks maintained by Municipal Corporation, Faridabad and the status thereof.
6. However, we find that in some parks temples are stated to have been constructed.
7. The Hon'ble Supreme Court vide order dated 29.09.2009 passed in Special Leave to Appeal (C) No. 8519 of 2006 titled as Union of India v. State of Gujarat directed that after 29.09.2009 no unauthorized construction shall be carried out or permitted in the name of Temple, Church, Mosque or Gurudwara etc. on public streets, public parks or other public places etc.
8. The Commissioner, Municipal Corporation, Faridabad is directed to verify as to whether said temples in public parks were constructed before or after 29.09.2009 and in case the same were constructed after 29.09.2009 appropriate action be taken in accordance with the directions given by Hon'ble Supreme Court.
9. Hon'ble Supreme Court in number of Judgments has emphasised the aspects of preservation of open spaces/public parks. This Tribunal had in particular referred to law laid down by Hon'ble Supreme Court in the case of Virender Gaur Vs. State of Haryana (1995) 2 SCC 577. In view of constitutional obligation to protect and improve the environment the respondents are bound to take all the requisite steps for preservation of open spaces/public parks and also to prevent any encroachment on the same including encroachment by construction of any religious structures in the same. Respondents are, therefore, directed to take all requisite measures for ensuring that no religious structure is raised in the public parks and the public parks are preserved and maintained for the purpose which they are meant to serve.
10. We are of the considered view that for preservation and also proper maintenance of open spaces/public parks the aspects of creation of public awareness and public participation O.A. No. 34/2025 Sunil Sharma Vs. State of Haryana & Ors.-11-
need to be considered by all concerned authorities. Such public participation is also necessary for preventing encroachments by giving timely information regarding the same to the concerned authorities. There is an urgent necessity of creation of appropriate avenues for such public participation and also web portal for giving of information regarding encroachments for the purpose of ensuring prompt action for prevention/removal of the encroachments.
11. In the facts and circumstances of the case, the Commissioner, Municipal Corporation, Faridabad is directed to ensure that the information regarding these public parks is uploaded on the website of Municipal Corporation, Faridabad and/or District Administration, Faridabad as the case may be and a web portal is created for making of complaints regarding encroachments on such parks within one month from the date of receipt of copy of this order. In case of making of any such complaints regarding encroachments, prompt remedial measures be taken for removal of such encroachments and the complainant be also informed about the action taken on the complaint. Information regarding the complaints received and action taken on the same be also uploaded on the website. Due publicity be also given by way of public notice in the office of the Commissioner, Municipal Corporation, Faridabad and the Deputy Commissioner, Faridabad that any person aggrieved from inaction regarding removal of encroachments from public park may move this Tribunal by sending a letter petition or by filling an application for issuance of appropriate directions in the matter."
30. It is evident from the above discussion that Hon'ble Supreme Court and this Tribunal have already issued directions which need to be strictly complied with by the concerned administrative authorities and there is no scope for any ambiguity and there is no reason for any non-compliance.
31. It has been claimed by Municipal Corporation, Faridabad that no tree cutting was done at site but admittedly the site in question is park now maintained by RWA. Municipal Corporation, Faridabad has not produced google earth/satellite image to show that no trees were standing over the land in question. It is evident from the material on record that in the present case temple was constructed by pooling money from residents on land of public park owned by Municipal Corporation, Faridabad without obtaining permission for construction of the temple from it. Municipal Corporation, Faridabad is stated to have tried to demolish the temple on O.A. No. 34/2025 Sunil Sharma Vs. State of Haryana & Ors. -12- 22.02.2024 but could not demolish the temple due to the protest of the local residents. Municipal Corporation, Faridabad has issued notice dated 13.03.2025 to respondent no. 5 to vacate the land and to demolish the construction and restore the land to its original state. However, Municipal Corporation, Faridabad has failed to take further action for removal of encroachment.
32. Learned Counsel for respondents no. 1 to 4 has submitted that Municipal Corporation, Faridabad could not take further action for removal of encroachment due to protest by the local residents.
33. We do not find the explanation furnished to be valid justification for failure to remove the encroachment. Municipal Corporation, Faridabad or other concerned administrative authorities cannot abdicate their functions and fail to discharge their statutory obligations to uphold and protect rule of law and cannot justify their failure to implement the directions given by Hon'ble Supreme Court and this Tribunal on the ground of protest by the local residents. Any such failure will justify the inference that concerned officers have colluded and connived instead of upholding and administering the rule of law and implementing the directions given by the Hon'ble Supreme Court and this Tribunal. Illegal protests have to be dealt with sternly by the concerned administrative agencies in accordance with law and any failure to deal with such illegal protests will lead to the inference of failure of constitutional machinery in the State.
34. In view of orders already passed by Hon'ble Supreme Court of India and this Tribunal as referred to above, respondents no. 1, 2, 4 and 5 are directed to take requisite steps for removal of the encroachment and demolition of the structure raised after relocating any Idols placed there to some temple as per religious/ceremonial rituals.
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35. The Commissioner, Municipal Corporation, Faridabad is directed to file compliance report in this regard by way of his own affidavit at least one day before the next date of hearing fixed.
36. The Commissioner, Municipal Corporation, Faridabad is also directed to give in his report all requisite details regarding steps taken for compliance with directions given vide order dated 05.07.2023 passed in M.A. No.69/2022 in Original Application No. 331/2022 and Execution Application No. 26/2022 in Original Application No.331/2022 titled Omprakash Vs. State of Haryana & Ors..
37. The District Magistrate and the Commissioner of Police, Faridabad are directed to provide requisite assistance including providing of police help and arranging the help of armed forces, if so required, for removal of the encroachment and demolition of the structure.
38. In the eventuality of failure to do so, the Commissioner, Municipal Corporation, Faridabad, the District Magistrate, Faridabad and the Commissioner of Police, Faridabad shall appear before this Tribunal physically on the next date of hearing fixed to explain the reasons for non- compliance with the directions already issued and this order.
39. In view of orders passed by Hon'ble Supreme Court the District Magistrate, Faridabad is also directed to take appropriate steps for filing of contempt of court proceedings against concerned persons/concerned Office Bearers of the Residents Welfare Association for violation of the order passed by Hon'ble Supreme Court before Hon'ble High Court of Punjab and Haryana in case of any further non-compliance by them.
40. In view of the number of such instances of construction of religious structures on public land/public park etc., illegally, the Chief Secretary, O.A. No. 34/2025 Sunil Sharma Vs. State of Haryana & Ors. -14- Government of Haryana is directed to issue appropriate instructions for creating public awareness against construction of such illegal religious structures on public land/public park etc., by way of publication of advertisements in National/Local News Papers and other means apprising the members of public about directions given by Hon'ble Supreme Court prohibiting raising of religious structures on public land/public park etc., such religious structures being liable to be demolished and the violators being liable to appropriate penal action including initiating of contempt of court proceedings against them for contempt of orders passed by Hon'ble Supreme Court.
41. The Chief Secretary, Government of Haryana is also directed to file compliance report in this regard, personally or through duly authorized officer, at least one day before the next date of hearing fixed.
42. List on 26.05.2025 for further orders/proceedings.
43. A copy of this order be sent by email to the Chief Secretary, Government of Haryana, the Member Secretary, Haryana State Pollution Control Board, the Commissioner, Municipal Corporation, Faridabad, the Chief Administrator, Haryana Shehri Vikas Pradhikaran, Faridabad, the District Magistrate, Faridabad and the Commissioner of Police, Faridabad for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM April 15th, 2025 O.A. No. 34/2025 ag