National Green Tribunal
Sunil Sharma vs State Of Haryana & Ors on 26 May, 2025
Item No. 10 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 34/2025
Sunil Sharma Applicant
Versus
State of Haryana & Ors. Respondents
Date of hearing: 26.05.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Applicant in Person.
Respondents: Mr. Rahul Khurana, Advocate for respondents no. 1 to 4.
None for respondent no. 5
ORDER
1. Mr. Sunil Sharma, resident of 114/11E, Faridabad had made complaint to this Tribunal on public grievance portal, which has been treated and registered as O.A. No. 34/2025 for exercise of suo moto jurisdiction.
2. The applicant raised the grievance cutting of green trees, plants from park, illegal encroachment and construction of temple in park land, Sector 11, Faridabad Market in front of Millan Restaurant.
3. Vide order dated this Tribunal constituted a Joint Committee which and report dated 17.03.2025 of the Joint Committee was submitted by the HSPCB vide email dated 17.03.2025. The respondents were given opportunity to file their replies/responses but no reply/responses were filed and vide order dated 15.04.2025. Respondents no. 1, 2, 4 and 5 were 1 directed to take requisite steps for removal of the encroachment and demolition of the structure raised after relocating any idols place their to some temple as per religious/ceremonial rituals.
4. The Registry has placed on record copy of order dated 14.05.2025 passed by Hon'ble Punjab and Haryana High Court in CWP No. 13790- 2025 titled as Shri Radha Kishan Trust and Anr. vs State of Haryana and Ors. The relevant part of the order reads as under:-
"Though there is an alternative remedy of appeal under Section 18 of the National Green Tribunal Act, 2010, this petition is entertained only on the ground raised by the learned counsel for petitioner that due and sufficient opportunity to respond to the complaint of respondent No.5 before the National Green Tribunal Act, 2010 was not afforded, therefore, the petitioner could not prepare and file their response.
Let notice be also issued to respondents No.3 and 5 for 22.07.2025.
Meanwhile, no demolition shall take place of property in dispute."
5. In the present case, Mr. Devender Maan was impleaded as respondent no. 5 and notice was issued to respondent no. 5 vide order dated 10.02.2025. Ms. Shubhangi Tiwari, Advocate appeared for respondent no. 5 on 18.03.2025 and Mr. Vijay Kr. Sharma and Ms. Shagoti Batchas, Advocates appeared for respondent no. 5 on 15.04.2025 but no vakalatnama has been filed by them and also no reply has been filed by them despite opportunity granted. Hon'ble Punjab and Haryana High Court has entertained above mentioned Civil Writ Petition only on the ground raised by learned counsel for the petitioners that due and sufficient opportunity to respond to the complaint of respondent no. 5 (applicant in the present original application) before the National Green Tribunal was not afforded due to which the petitioners could not prepare and file their response. However, Mr. Devender Mann impleaded as respondent no. 5 in 2 the present original application has not appeared before this Tribunal personally or through counsel physically or through VC. Petitioner no. 1- Shri Radha Kishan Trust is not a party before this Tribunal and has also not filed any application for its impleadment. We consider impleadment of the petitioners who have filed the above mentioned Civil Writ Petition as respondents in the present original application to be necessary but this Tribunal does not have the full particulars of the petitioners who have filed the above-mentioned Civil Writ Petition as copy of the Civil Writ Petition has not been received alongwith copy of the order.
6. In these facts and circumstances the learned Counsel for respondents no. 1 to 4 is directed to obtain and file before this Tribunal a copy of the Civil Writ Petition and furnish the full particulars of the petitioner to this Tribunal so that the petitioners may be impleaded as respondents and notices may be issued to them.
7. Learned counsel for respondents no.1 to 4 has submitted that letter no. CFMS No. DA/CS/58676 dated 06.05.2025 was written by Assistant District Attorney for Chief Secretary to Government of Haryana to the Commissioner and Secretary to Government Haryana, Urban Local Bodies Department with the request to issue necessary instructions in compliance with the order passed by this Tribunal and also issue advertisement/notice in National/local Newspapers within a week and also file the compliance report as directed by this Tribunal. Learned counsel for respondents no.1 to 4 has placed a copy of the above said letter before this Tribunal. Learned counsel for respondents no.1 to 4 has also submitted that response of respondent no. 4-Municipal Corporation, Faridabad is also ready and he seeks time to file response on behalf of the Chief Secretary to Government of Haryana and the Commissioner, Municipal Corporation, Faridabad. 3
8. Copy of above mentioned Civil Writ Petition and response on behalf of the Commissioner, Municipal Corporation, Faridabad may be filed within two days.
9. The applicant has appeared before this Tribunal and has submitted that threats to kill him and members of his family are being extended to him and due to apprehension of serious risk, his wife has also left the residence for safety. The applicant has also placed copies of threats before this Tribunal.
10. This Tribunal, being under statutory obligation to protect and improve the environment, has the consequential obligation to extend protection also to the persons, who approach this Tribunal with complaints of environmental violations, against any act of criminal intimidation intended to coerce them to submission and to compel them to withdraw or give up their complaints. Therefore, the Commissioner of Police Faridabad is directed to look into the allegations made by the applicant immediately on receipt of a copy of this order and to direct registration of appropriate criminal proceedings against the concerned offenders and to ensure that requisite protection is provided to the applicant and members of his family as may be necessary.
11. The applicant has also submitted before this Tribunal that encroachments on green belts are being made at other places also. He had recorded video clips regarding the environmental violations and had sent copies of the same to this Tribunal.
12. The Registry is directed to trace the video clips sent by the applicant and place copy of the video clips before this Tribunal before the next date of hearing.
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13. In the eventuality of the video clips not being traceable, the Registry shall obtain copies thereof from the applicant and place the same before this Tribunal on the next date of hearing.
14. This Tribunal had noticed in its order dated 15.04.2025 that this Tribunal had 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. 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. 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. In the above said list details regarding the parks/open spaces in Faridabad were given while mentioning encroachments made in some of the parks. This Tribunal emphasized the absolute necessity for protection of green belts/ open spaces and also taking of urgent steps for removal of the encroachments made.
15. In the facts and circumstances of the case, we consider personal appearance of the Commissioner of Police, Faridabad and the Commissioner, Municipal Corporation, Faridabad before this Tribunal physically or through V.C to be essential for assisting this Tribunal in just and proper adjudication of the substantial environmental questions involved in the case and accordingly they are directed to remain present 5 before this Tribunal physically or through VC on the next date of hearing fixed.
16. It may be observed here that respondents no. 1 and 2 and respondent no. 4 filed replies dated 11.04.2025 which have been placed on record by mentioning in the index date of filing of the replies as 11.04.2025 but these replies were not placed on record on 15.04.2025 when the matter came up before the Tribunal for hearing and the fact that no reply had been filed by respondents no. 1 to 4 was also noted in order dated 15.04.2025. The Registry is directed to explain when the replies were filed and why the replies were not placed on record on 15.04.2025 and also to explain the reasons as to why all necessary facts regarding filing of the above said replies were not mentioned in the index and also on the order sheet.
17. Explanation in this regard be submitted by the Registry before the next date of hearing fixed.
18. List on 30.05.2025 for further hearing.
19. A copy of this order may be sent to the Commissioner of Police, Faridabad and the Commissioner, Municipal Corporation, Faridabad for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM May 26th, 2025 Original Application No. 34/2025 AB 6