National Green Tribunal
Kapil Dev vs The Municipal Commissioner on 10 July, 2025
Item Nos. 08 & 09 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Misc Application in Disposed of Cases No. 3/2025
In
Original Application No. 209/2023
Kapil Dev
Applicant
Versus
The Municipal Commissioner & Ors. Respondents
WITH
Execution Application No. 43/2025
In
Original Application No. 209/2023
Kapil Dev Applicant
Versus
The Municipal Commissioner & Ors. Respondents
Date of hearing: 10.07.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Kapil Dev, Applicant in person (through V.C).
Respondents: Mr. Ankit Siwach and Mr. Udit Vaghela, Advocates for R-1. (through V.C).
Mr. Sanchar Anand, Advocate for R-2 (through V.C).
ORDER
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1. The applicant had filed original application registered as Original Application No. 209/2023 complaining about encroachments and raising of illegal constructions on green belts seeking issuance of directions of removal of encroachments and demolition of illegal constructions and restoration of green belts.
2. In the course of hearing replies /reports were filed by the respondents.
3. The original application was disposed of vide order dated 04.07.2024. Relevant part of the order reads as under:-
"19. Accordingly, we dispose of this original application by directing he concerned authorities to get the green belt area cleared from any encroachment and by removal of construction by carrying out the demolition thereof. This direction shall be complied with by Municipal Corporation, Ludhiana under supervision of, District Magistrate, Ludhiana and representative of Punjab State Pollution Control Board. The compliance report shall be submitted by Commissioner, Municipal Corporation, Ludhiana with the Registrar General of this Tribunal within two months who if finds necessary, shall place the matter before the Bench for further orders."
4. In compliance thereof report dated 08.09.2024 was filed by the Commissioner, Municipal Corporation, Ludhiana seeking 15 days time for removal of statue of Lord Shiva.
5. Since the order passed by this Tribunal was not fully complied with the matter was listed before the Bench for further orders.
6. In the course of further hearing, reply dated 13.02.2025 was filed by the District Magistrate, Ludhiana. Written submissions dated 14.02.2025 and 03.04.2025 and objections dated11.05.2025 were filed by the applicants.
7. Learned counsel for the Commissioner, Municipal Corporation, Ludhiana has submitted that further compliance report dated 30.06.2025 2 has been filed on 07.07.2025. Copy of the compliance report has been submitted in the course of hearing. Relevant part of the report is reproduced below:-
"3. It is respectfully submitted that in compliance, the undersigned took cognizance and took followings actions with regard to encroachment on green belt area.
Description of Site Action Taken
Scrap yard and office of Junior As per information provided by
Engineer Municipal Corporation Executive Engineer (B&R). It is
Ludhiana. submitted that temporary shed and
adjoining structure of Junior Engineer
office had already been demolished on
04.09.2024. Now remaining rooms have
been allocated for storing of Horticulture equipment, which are used for maintaining the Green Belt area in Leisure valley. It is submitted that a proposition for sale of scrap lying at the Scrap yard has been outlined by Municipal Corporation, Ludhiana on 16.06.2025. All the scrap present with Municipal Corporation, Ludhiana alongwith this scrap shall be auctioned within one month. Photographs of the scrap yard are annexed herewith as Annexure-1 and 2.
4 shops namely- Further it is submitted that the
(a) M/s A. S. Wines, Model Town doors opening towards green belt of Extension. these four shops/enterprises were
(b)M/s M. P. Ply Palace, Mode already sealed, which was apprised to Town this Hon'ble Tribunal vide compliance Extension, Block-C, Ludhiana affidavit dated 11.02.2025, However Near upon re-inspection, it was found that the
(c) M/s D. S Enterprise, Mode seals of M/s A.S. Wines and M/s M.P. Town Extension, Ludhiana. Ply Palace were intact whereas seals of
(d) M/s Urban Tikka Restaurant M/s D.S enterprises and M/s Urban Model Town Ludhiana. Tikka Restaurant, Model Town Extension, Ludhiana were not intact.
Therefore, officials of Municipal Corporation, Ludhiana again sealed the opening of these two shops toward green belt and the owners of the shops were warned about strict action for their violation of Environmental norms.
Photographs of sealed shops are enclosed herewith and marked as Annexure-3 and 4.
Furthermore, again a letter has been issued to the Commissioner of Police, 3 Ludhiana to act against the owners who have broken the seals without taking due permission and authorization. Copy of letter bearing No. 211/AC/P/D dated 30.06.2025 is enclosed herewith and marked as Annexure-5.
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8. It is evident from the report that complete structure had not been demolished and part of the structure has been retained without seeking modification of the order passed by this Tribunal which is not permissible.
The scrap has not been removed and it is stated that the scrap will be auctioned within one month. The doors opening in the greenbelt were sealed by Municipal Corporation, Ludhiana. Seals of M/s A.S. Wines and M/s M.P. Ply Palace are stated to be intact while the seals of M/s D.S enterprises and M/s Urban Tikka Restaurant, Model Town Extension, Ludhiana are stated to have been broken/tampered with regarding which a letter is stated to have been sent to the Commissioner of Police, Ludhiana but no further action is stated to have been taken on the same.
9. It is evident that the Commissioner, Municipal Corporation, Ludhiana has not yet fully complied with the order passed by this Tribunal.
10. The applicants have also filed Execution Application No. 43/2025 seeking execution of order dated 04.07.2024 alleging non compliance thereof.
11. As already observed by this Tribunal non-compliance with order passed by this Tribunal is an offense punishable under Section 26 of the National Green Tribunal Act, 2010 and order pass by this Tribunal is executable as civil court decree under Section 25 of the National Green Tribunal Act, 2010 in accordance with the provisions of the Code of Civil Procedure, 1908 by coercive methods, including arrest and detention of the judgment debtor in civil prison.
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12. The Commissioner, Municipal Corporation, Ludhiana is directed to appear before this Tribunal physically on the next date of hearing to show cause as to why order for his prosecution under Section 26 of the National Green Tribunal Act, 2010 be not passed and as to why he be not ordered to be arrested and detained in civil prison and as to why appropriate environmental compensation be not imposed on him or the Municipal Corporation, Ludhiana for environmental damage caused due to encroachment on greenbelt and also by failure to take prompt action for remediation of the same.
13. The Commissioner, Municipal Corporation, Ludhiana is also directed to take further action immediately for due compliance of the order passed by this Tribunal and file further action taken report within 15 days.
14. Learned counsel for Ludhiana Improvement Trust has submitted that Ludhiana Improvement Trust was not impleaded as respondent in the original application and has been added vide order dated 13.01.2025 but the area in question does not fall within the jurisdiction of Ludhiana Improvement Trust and therefore, the order for summoning of Chairman, Ludhiana Improvement Trust may be recalled.
15. In view of the fact that Ludhiana Improvement Trust was not impleaded as respondent and the area in question does not fall within the jurisdiction of Ludhiana Improvement Trust, order Summoning Chairman, Ludhiana Improvement Trust is recalled subject to all just exceptions.
16. List on 11.08.2025 for further orders.
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17. A copy of this order may be sent to the Chief Secretary, Government of Punjab and also the Commissioner, Municipal Corporation, Ludhiana by email for ensuring requisite compliance of this order.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM July 10, 2025 M.A in Disposed of Cases No. 3/2025 In Original Application No. 209/2023 With E.A No. 43/2025 In Original Application No. 209/2023 AB 6