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2021 Supreme(Online)(NGT) 118
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
ADARSH KUMAR GOEL, CJ, SHEO KUMAR SINGH, J, NAGIN NANDA, ACJ
Park Avenue Plot Holders Welfare Society – Appellant
Versus
Union of India – Respondent
Original Application No. 380/2018 | Original Application No. 999/2019
For the Appellants/Petitioners: Mr. Raman Yadav
For the Respondents: Mr. Vishwajit Singh, Dr. Sandeep Singh, Mr. Pradeep Misra, Mr. Daleep Dhyani, Mr. Rachit Mittal, Mr. Sanchit Garga
The government has a duty to enforce laws regarding land reservations to prevent environmental degradation from illegal constructions.
Headnote:(A) U.P. Parks and Play Ground and Open Spaces (Preservation and Regulation) Act, 1974 - The illegal sale and construction over land reserved as park and open spaces is a violation of the Master Plan 2021, posing environmental threats - State's failure to take timely action was noted. (Paras 1, 2, 6)
(B) Environmental Regulation - The Tribunal mandates that the State implement policies to prevent illegal constructions and ensure land-use compliance under urban planning laws. (Paras 2, 4, 7)
Facts of the case:
The applicants raised concerns regarding illegal constructions on land reserved for parks, noting the State's inaction over several years.
Findings of Court:
The Tribunal found the State's tardiness unacceptable and directed the Chief Secretary of UP to finalize policy decisions on preserving such lands.
Issues: The main issue addressed was the State's responsibility in regulating land-use consistent with urban planning laws.
Ratio Decidendi: The court affirmed that regulatory compliance must be adhered to strictly to ensure preservation of designated spaces.
Result: The applications are disposed of.
| Table of Content |
|---|
| 1. illegal constructions over park land. (Para 1) |
| 2. failure of state in enforcing land use. (Para 2) |
| 3. need for further state action. (Para 3) |
| 4. requirements for periodic compliance reports. (Para 4 , 5 , 6 , 7) |
| 5. final disposition of the applications (Para 8) |
ORDER
Original Application No. 380/2018
1. Grievance in this application is against the illegal sale and constructions over land reserved for park and open spaces in violation of the Meerut Master Plan 2021, in utter disregard of provisions of U.P. Parks and Play Ground and Open Spaces (Preservation and Regulation) Act, 1974, which poses a serious threat to the environment of the area.
2. The application was filed on 30.05.2018. Notice was issued to the respondents on 31.05.2018 i.e. the State of UP and its officers and two private persons. They have filed their written response. The Tribunal has dealt with the matter by several orders requiring State of UP to take remedial action. The matter was last reviewed on 17.01.2020. The Tribunal noted the stand of the State that a Policy was being prepared to remedy the situation. It was observed:-
“The aforesaid narration of facts and the proceedings in this case wherein statements had been made on different occasions for the purpose of ensuring that the land meant for park and green belt would be retained safely without encroachment had all been without any result. We find that ever-since the year 2014 when a representation was given to the concerning department and even during the pendency of the present case before us where many years have been passed, no concrete steps have been taken by State of Uttar Pradesh. We are sure that during this intervening period of more than five years much change must has taken place at the site and the land must have been used for different purposes by the individuals by claiming title in the property in question as having been purchased through registered sale deed. All this has happened due to the snail speed with which the respondent Government and its authorities have been proceeding.
In view of the above, we direct the Chief Secretary, State of Uttar Pradesh to take a final decision, for framing a policy or amending the relevant legislation for the purpose of saving/protecting the land which is meant for park and green belt under the Urban Master Plan of the State, on or before 31st January, 2020.”
3. In pursuance of the above, an affidavit has been filed on 13.03.2020 by the Principal Secretary, Housing and Urban Development, UP, to the effect that certain illegal constructions have been demolished and FIR has also been registered on 04.08.2018. some illegally built houses have been sealed on 16.05.2018, under the Uttar Pradesh Urban Planning and Development Act , 1973. Vide letter dated 19.02.2020, the Government of U.P., has issued directions for preventing any illegal constructions against the permitted land user in accordance with the provisions of the Uttar Pradesh Urban Planning and Development Act , 1973. To prevent illegal sales, directions have been issued that following details must be mentioned in the Sale Deed:-
“(A) Gata number and name of Village, Tehsil and District should be mentioned.
(B) In case the land exists within Regulated Area/ Development Area, the name of the respective Regulated Area/ Development Area should be mentioned.
(C) In case the land is proposed to be used for park, open space, greenbelt, playground and road in the Master Plan, then the land- use must be mentioned.
(D) In the event of construction against the land-use as mentioned in the aforesaid sub-para C, the purchaser will be responsible for all legal proceedings including demolition, such consent must be mentioned in the Sale Deed.”
4. According to the State, the steps taken will prevent fraudulent sales and illegal constructions.
Original Application No. 999/2019
5. O.A. No. 999/2019, Dr. Ajay Kumar v. UOI & Ors., also involves similar issue. The matter was last dealt with on 20.05.2020 a
