National Green Tribunal
Devvrat Bhardwaj vs Chief Secreatery on 21 November, 2023
Item No.06 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH.
(Through Physical Hearing with Hybrid VC Option)
M.A. No. 116/2023
In
Original Application No. 779/2022
Devvrat Bhardwaj Applicant
Versus
State of Uttar Pradesh & Ors. Respondents
Date of hearing: 21.11.2023
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: None for the applicant.
Respondents: Mr. Rachit Mittal, Advocate for Meerut Development
Authority. (Through VC)
Mr. Daleep Dhyani, Advocate for UPPCB. (Through
VC).
Application under Section 14 and 15 read Section 18 of the National
Green Tribunal Act, 2010.
ORDER
1. Mr. Devvrat Bhardwaj filed Original Application (OA.) no. 779/2022 under sections 14 and 15 read with section 18 of the National Green Tribunal Act, 2010 complaining about construction of structure by some land mafia illegally in collusion with District Administration and officers of Meerut Development Authority over land reserved for a park in the Layout of Madhur Enclave approved by the Meerut Development Authority.
2. Vide order dated 07.11.2022, notices were ordered to be served on the respondents. Replies were filed by respondent no. 4-Meerut Development Authority vide emails dated 14.11.2022 and 05.12.2022. The application was disposed of vide order dated 18.01.2023. The relevant part of the order reads as under:-
O.A No. 779/2022 Devvrat Bhardwaj Vs. State of Uttar Pradesh & Ors.2
"X X X X X
17. We appreciate that respondent no. 4-Meerut Development Authority, being vigilant in discharge of its duties, had initiated action on complaint made by the applicant although contemplated remedial action could not be completed till the present application was filed. In view of the provisions of the Uttar Pradesh Urban Planning and Development Act, 1973, the Uttar Pradesh Parks, Play Grounds and Open Spaces (Prevention and Regulation) Act, 1975 and the directions issued by the Hon'ble Supreme Court, Meerut Development Authority is directed to take requisite action for demolition of illegal construction raised on the land ofthe park/green belt in front of plot no. 81 and 64 near the main entrance gate between 9 meters wide road in the north and 12 meters road in the southin accordance with law within three months and respondents no. 1,2, 3, 5 and 6 are directed to provide requisite support including deployment of Police/Armed Police as may be required for the purpose.
18. Factual and action taken report be furnished by respondent No.4-Meerut Development Authoritywithin three months by e-mail at [email protected] in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before the Bench for further directions.
19. In view of the above discussed facts and circumstances and legal position, the application is allowed with the directions as mentioned above with no order as to costs......"
3. In compliance of order dated 18.01.2023 Factual and Action Taken report has been filed by respondent no. 4-Meerut Development Authority vide email dated 03.10.2023. The relevant part of the report reads as under:-
"FACTUAL AND ACTION TAKEN REPORT IN COMPLIANCE WITH ORDER DATED 18.01.2023 OF THIS HON'BLE TRIBUNAL ON BEHALF OF RESPONDENT NO. 04 -
MEERUT DEVELOPMENT AUTHORITY X X X X X
7. It is to bring to the kind knowledge of this Hon'ble Tribunal that Respondent issued the demolition orders of illegal construction on the questioned site vide its letter no. 215/22/2023 on 10.02.2023 wherein, the Respondent ordered the developer to remove the said illegal structure and inform the Respondent back within 15 days of receipt of this order failing which the said illegal construction will be demolished. A true copy of the demolition order dated O.A No. 779/2022 Devvrat Bhardwaj Vs. State of Uttar Pradesh & Ors.3
10.02.2023 issued by the Respondent is annexed and marked as ANNEXURE -- R-1
8. That the Respondent vide letter dated 03.04.2023 requested the appointment of a Magistrate and deployment of Police Force/Women Constable or P.A.0 Police force at Police Station, Pallavpuram, Meerut on 15.04.2023. However, the SHO Pallavpuram, Meerut vide his report dated 15.04.2023, stated the inadequacy of the Police Force due to the Mahapanchayat and Municipal Elections 2023, in the Daraula area of Meerut due to which the code of conduct was implemented and requested for the next date to be fixed for the demolition. A true copy of a letter dated 03.04.2023 along with the report of SHO dated 15.04.2023 is annexed and marked as ANNEXURE R-2
9. Thereafter the Respondent vide letter dated 21.04.2023 has fixed another date i.e., on 17.05.2023, and requested the appointment of a magistrate and police force but again SHO, Pallavpuram, Police Station vide his report dated 17.05.2023 mentioned that since the site in question is related to the religious sentiments, more police force would be required. Thus, again due to lack of sufficient police force, the demolition could not conducted on the very second date. A true copy of a letter dated 21.04.2023 along with the report of SHO dated 17.05.2023 is annexed and marked as ANNEXURE - R-3
10. That the Respondent again vide letter dated 01.06.2023, fixed another date i.e., 15.06.2023 and requested the presence of a magistrate and police force for the demolition of the site in question but due to continuous protest of the locals and demand of some further time by the locals the respondent was again unable to execute the demolition. A true copy of a letter dated 01.06.2023 is annexed and marked as ANNEXURE - R-4
11. That the Respondent de novo with the intent of executing its demolition order vide letter dated 28.06.2023 requesting the presence of a Magistrate and deployment of Police Force/Women Constable or P.A.C Police force at Police Station, Pallavpuram, Meerut on 15.07.2023 so that the demolition can be done at this time but the Additional Superintendent of Police City, Meerut through his office letter informed that in view of the security arrangements for the Kavan Yatra 2023 in the month of Shravan, the most of the police force are on the duty during this period of Kavan Yatra. Thus, once again the demolition of the questioned site was postponed due to the non-availability of the Police force. A true copy of a letter dated 28.06.2023 along with the office letter of Additional Superintendent of Police City, Meerut dated 07.07.2023 is annexed and marked as ANNEXURE - R-5
12. Thereafter, fixing another date for the demolition of illegal construction and encroachment the Respond ent vid e a letter dated 14.08.2023, requesting the appointment of a Magistrate and deployment of Police Force/Women Constable O.A No. 779/2022 Devvrat Bhardwaj Vs. State of Uttar Pradesh & Ors.4
or P.A.C Police force at Police Station, Pallavpuram, Meerut on 24.08.2023 for completion of demolition peacefully. The SHO, Pallavpuram Police Station, Meerut vide his report dated 24.08.2023 informed the Respondent that due to the unavailability of the Magistrate, Meerut on 24.08.2023, the demolition process could not be conducted. A true copy of a letter dated 14.08.2023 along with the report of SHO dated 24.08.2023 is annexed and marked as ANNEXURE -- R-6
13. That, by the reasons of the aforementioned circumstances i.e., on the inadequacy of the police force by the Superintendent of Police, Meerut, the execution of the demolition order dated 10.02.2023 has been delayed and it is pertinent to mention that at present the Respondent vide letter dated 15.09.2023, addressing the District Magistrate, Meerut and Superintendent of Police, Meerut, wherein the execution of demolition order of illegal construction on the questioned site, on 04.10.2023 at 10:00 A.M., the concerned have been requested to appoint a Magistrate and to provide an adequate number of Police Force, P.A.0 Police and Women Police Force at Police Station, Pallavpuram, Meerut so that the demolition can be completed peacefully. A true copy of a letter dated 15.09.2023 is annexed and marked as ANNEXURE - R-7
14. It is submitted that the Respondent has always been vigilant in exercising its duties and fulfilling its responsibilities with due care and consciousness at all times and also has been complying with the Orders/Directions passed by this Hon'ble Tribunal. The Respondent further undertakes to comply with any direction passed by this Hon'ble in course of the proceedings."
4. In view of non-compliance of order dated 18.01.2023 passed by this Tribunal this miscellaneous application has been listed for issuance of further directions in the matter.
5. In view of the report submitted by the respondent no. 4-Meerut Development Authority and the attending facts and circumstances, we consider it appropriate to have response of Chief Secretary, Government of Uttar Pradesh, District Magistrate, Meerut and Senior Superintendent of Police, Meerut to explain the reason as to why the order passed by this Tribunal was not executed within the period as thereby directed. The response as directed above be filed within 15 days at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
O.A No. 779/2022 Devvrat Bhardwaj Vs. State of Uttar Pradesh & Ors.
56. This Tribunal made the following observations/directions vide order dated 18.01.2023:-
"X X X X
15. Any construction which is illegally raised by encroaching upon any public land cannot be accorded the status of religious structure 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. None of the religious faiths provides any shield to such illegal activities as all religious faiths ordain good conduct and prohibit misconduct. Construction of a religious structure is the most usual mode adopted by the land mafia for grabbing public lands 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. 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 its 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. The State of Uttar Pradesh through the Chief Secretary, Government of Uttar Pradesh is directed to issue appropriate directions/instructions to the concerned instrumentalities of State for creating public awareness and taking remedial action. "
7. In his response the Chief Secretary, Government of Uttar Pradesh shall also give requisite details regarding directions/instructions issued to the concerned instrumentalities of State for implementation of programs aimed at creating public awareness and taking remedial action as directed vide above mentioned order.
8. The Chief Secretary, Government of Uttar Pradesh is also directed to issue instruction for giving due audio visual and print publicity through electronic and print media to the directions given by Hon'ble Supreme Court prohibiting construction of religious structure on public streets, public parks or other public places and also directions given by this O.A No. 779/2022 Devvrat Bhardwaj Vs. State of Uttar Pradesh & Ors.6
Tribunal in this regard for creating awareness that any un-authorized religious structure constructed on public streets, public parks or other public places will be liable to be demolished; that complaint regarding such unauthorized construction be immediately made to the concerned authorities so that appropriate action can be promptly initiated by such authorities for prohibition/demolition of the same and that any resistance to such demolition will be an offence punishable in accordance with law.
9. We further direct that the order passed by this Tribunal be implemented immediately on receipt of a copy of this order and compliance report be filed within 15 days at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.
The Secretary, Meerut Development Authority and the District Magistrate, Meerut are directed to ensure that if any idols of deities have been installed in the structure in question then the same are relocated, before demolition of the unauthorized structure, to suitable religious place with due rituals/ceremonies and also to explore, if so requested by the residents of the locality, the possibility of allotment by the concerned developer of suitable land free from encumbrance in accordance with approved lay out plan by diversion of user with permission of the concerned authority if so required for construction of religious place free of cost or on payment of charges as considered appropriate by the concerned developer.
10. In case of non-compliance of this order, Secretary, Meerut Development Authority, the District Magistrate, Meerut and the Senior Superintendent of Police, Meerut shall appear before this Tribunal to explain the reasons for non-compliance with the order passed by this Tribunal.
11. List for further consideration on 12.12.2023. O.A No. 779/2022 Devvrat Bhardwaj Vs. State of Uttar Pradesh & Ors.7
12. A copy of this order be sent to the Chief Secretary, Government of Uttar Pradesh, the Secretary, Meerut Development Authority, the District Magistrate and the Senior Superintendent of Police, Meerut by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM November 21st, 2023 ag