ORDER

1. This Original Application (hereinafter referred to as ‘OA’) under Sections 14, 15, 17 and 18 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been filed by Shri Ashok Malik, claiming himself to be an Environmentalist and a person committed to the protection and preservation of environment and ecological balance. It is said that there are certain parks/open green spaces in Ajmer city wherein respondent authorities have raised various constructions like shopping complex, food-court and auditorium etc., and thereby have damaged parks/open spaces and its ecology irreparably. The same should be restored and adequate environmental compensation should be imposed upon concerned authorities for causing damage to environment by damaging green areas/parks.

2. Issue has been raised in respect of (i) Azad Park, (ii) Luvkush Udyan/Park, (iii) Gandhi Smiriti Udhyan/Park and (iv) Green Zone of Anasagar Lake.

Azad Park:

3. It is said that Azad Park in its vicinity also have a stadium, called Patel Stadium, which is for recreational and sports purposes. However, Azad Park is green zone in city of Ajmer. The land is reserved for green belt and no construction activities could have been carried out thereat, but buildings and permanent structures have been raised in Azad Park, causing damage to environment, ecology and public health. Constructions have led to destruction of various large and old trees, contributing to loss of bio-diversity and ecological balance of area. Commercialization of green space of Azad Park has also led to increased traffic, noise pollution, air pollution and health hazardous to residents of city. Patel Stadium is essential for sporting and recreational activities in the city for organizing various sports events like football etc., but therein also various construction activities have been carried out.

Luv Kush Udyaan/Park:

4. It is situated near Shoreline of Anasagar Lake, has a green grass cover, large number of trees, small and big, and integral part of ecosystem of area helping ecological balance. Respondent 2 and 11 i.e., Ajmer Smart City Ltd., has constructed a food-court in the said park damaging its ecological balance and green cover and taking away residents’ right to use park as green belt. The construction of food-court in Luv Kush Udyaan/park has also resulted in large generation of waste including plastic, food and other non-biodegredable material which is causing pollution in entire area. Gandhi Smiriti Udhyan/Park:

5. It is said that majority of this park area has been covered with stone slabs. A large building has been constructed within park area causing damage to green space of the park.

Green Zone of Anasagar Lake:

6. This area is a green belt and no constructive zone as per earlier Master Plan of Ajmer but in the Master Plan of 2023 it has been shown as a Government reserved land permitting construction of seven wonders damaging entire green belts. Respondents are responsible to protect and preserve environment, particularly, in areas like Anasagar Lake which is known to be ecologically sensitive but they have failed to protect and preserve environment and instead are causing environmental pollution and degradation in violation of provisions of Environmental Protection Act, 1986 (hereinafter referred to as ‘EP Act, 1986’), Water Prevention and Control Act, 1994 (hereinafter referred to as ‘Water Act, 1974’), Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as ‘Air Act, 1981’).

7. Reliance has been placed by applicant upon Supreme Court’s judgment in Lal Bahadur vs. State of Uttar Pradesh, (2018)15SCC407, wherein Supreme Court held that once an area is reserved in 1995 Master Plan, it was absolutely unwarranted exercise of power on the part of respondents to change area from green belt to residential one in Master Plan 2021. Change of area from green belt to residential, in fact, is in flagrant violation of provisions contained in Article 2