National Green Tribunal
Kapil Dev vs The Municipal Commissioner on 13 January, 2025
Item No. 08 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
M.A. No. 3/2025
In
Original Application No. 209/2023
Kapil Dev & Anr. Applicants
Versus
Municipal Commissioner & Ors. Respondents
Date of hearing: 13.01.2025
CORAM: HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Mr. Kapil Dev, Applicant in Person.
Respondents: Mr. Ankit Siwach, Advocate for Municipal Corporation Ludhiana (through
VC).
ORDER
1. The applicants-Kapil Dev and Vikas Arora filed OA No. 209/2023 complaining about encroachments and raising of illegal construction by respondent no.1 and some other persons on green belts.
2. Above said OA was disposed of vide order dated 04.07.2024, relevant part of the order reads as under:
"xxx.................................xxx.........................................xxx
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 1 months who if finds necessary, shall place the matter before the Bench for further orders.
20. With the above directions, original application is disposed of.
21. A copy of this order be forwarded to Commissioner, Municipal Corporation, Ludhiana, District Magistrate, Ludhiana and Punjab State Pollution Control Board by email for compliance."
3. In compliance thereof, report dated 08.09.2024 was filed by Commissioner Municipal Corporation, Ludhiana seeking 15 days time for removal of statue of Lord Shiva. The relevant part of the report reads as under:
"2. That it is submitted that in compliance with the orders passed by Hon'ble National Green Tribunal dated 04.07.2024, Municipal Corporation had issued a Letter 24/SE (D) B&R dated 16.08.2024 and directed Assistant Town Planner to take action against unauthorized construction, whether temporary or permanent from the premises of Park namely Leisure Valley and other establishments which have encroached upon the green belt.
4. That it is further submitted that Municipal Corporation, Ludhiana conducted a demolition drive on 04.09.2024 and demolished the unauthorized construction in green belt viz Birth and Death registration office and scrap yard and office of Junior Engineer in Leisure Valley under the supervision of District Magistrate and representative of Punjab Pollution Control Board. Photographs of demolition drive are annexed herewith as ANNEXURE 1. It is further submitted that in spite of our efforts and negotiations with religious representatives regarding removal of Lord Shiva Statue, they sought 15 more days to identify the appropriate place to re-establish Lord Shiva Statue.
4. That it is further submitted that temporary shed of M/s Urban Tikka Restaurant located beyond the premises in the 2 green belt has been demolished. Further, the approach roads passing through the green belts to M/s M.P Ply Palace and M/s D.S. Enterprises, Model town extension have been ploughed and doors of the premises opening towards green belt area have been sealed. Further, it is humbly submitted that approach road (pavement) through green belt of M/s AS Wines, Model town extension has been demolished and entry of the wine shop has been made towards the other side. Photographs of demolition drive are annexed herewith as ANNEXURE 2.
6. That it is submitted that Municipal Corporation, Ludhiana, has always been very diligent in taking steps towards creation of Green Belts for benefit of the residents of the city by providing better environment conditions.
7. That it is further submitted that the action taken by the Municipal Corporation, Ludhiana has emphasized the preservation of green spaces in accordance with the directions passed by this Hon'ble Tribunal."
5. Since the order passed by this Tribunal was not fully complied with, the matter was listed before the Bench for further orders.
6. Applicant no.1-Kapil Dev has appeared in person and submitted that complete structures have not been removed from the green belt and statue of Lord Shiva has also not been removed so far.
7. It may be observed here that non-compliance with order passed by this Tribunal constitutes an offence punishable under Section 26 of the National Green Tribunal Act, 2010 (NGT Act, 2010). Order passed by this Tribunal is also executable as civil court decree under Section 25 of the NGT Act, 2010 as per modes of execution provided for in the Code of Civil Procedure, 1908 including the mode of arrest and detention in civil prison.
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8. The Registry is directed to issue show cause notices to the Commissioner, Municipal Corporation, Ludhiana, CEO, Ludhiana Smart City Ltd., Deputy Commissioner, Ludhiana, Chairman, Improvement Trust Ludhiana to show cause as to why action be not taken against them as mentioned above and also requiring them to file compliance report at least three days before the next date of hearing fixed.
9. Mr. Ankit Siwach, Advocate has appeared and accepted notice on behalf of the Commissioner, Municipal Corporation Ludhiana.
10. In view of the facts and circumstance of the case, we also consider personal appearance of the Commissioner, Municipal Corporation, Ludhiana, physically or through VC on the next date of hearing to be essential for producing the relevant record and assisting this Tribunal in just and proper adjudication of the questions involved in the case. Accordingly, he is directed to remain present before this Tribunal on that date with the relevant record.
11. List on 17.02.2025 for further consideration.
12. A copy of this order be sent to the Commissioner, Municipal Corporation, Ludhiana by email for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM January 13, 2025 M.A. No. 3/2025 In Original Application No. 209/2023 JG.
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