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2022 Supreme(Online)(NGT) 511
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
ARUN KUMAR TYAGI, J, AFROZ AHMAD, EM
Mohinder Singh – Appellant
Versus
State of H.P – Respondent
Original Application No.419/2022
For the Appellants/Petitioners: None
For the Respondents: Not mentioned
Illegal construction must comply with environmental regulations; deviations from approved plans may lead to sealing actions by local authorities.
Headnote:(A) Environmental Laws - National Green Tribunal Act, 2010 - Grievance against illegal construction violating environmental norms and regulations. (Paras 1-3)
(B) Construction Regulations - Deviations from approved building plan observed; unauthorized construction actions initiated under Municipal Corporation Act. (Paras 4-5)
Facts of the case:
The applicant lodged a complaint against illegal constructions by the local municipal engineer, detailing alleged violations of environmental laws and regulations.
Findings of Court:
The construction was found to partly deviate from the approved plan; however, no tree felling was established, and actions were taken by the local municipal authority.
Issues: Substantial questions regarding environmental impact and legitimacy of construction authority were examined.
Ratio Decidendi: The Tribunal found no substantial environmental question needing its intervention since related actions were in progress.
Result: Application disposed of.
| Table of Content |
|---|
| 1. complaint regarding illegal construction. (Para 1 , 2 , 3) |
| 2. joint committee's findings on construction violations. (Para 4) |
| 3. no significant environmental questions; application disposed. (Para 5) |
ORDER
1. The grievance in the present letter petition sent by Mr. Mohinder Singh C/o Mr. Tej Pal son of Late Jai Karan resident of Upper Barol Dari, Himachal Pradesh is against raising of illegal construction by Ms. Veena Devi w/o Mr. Joginder Singh (Junior Engineer, Municipal Corporation, Dharmsala) of six storied buildings in Ward 3 in violation of the environmental norms, orders passed by Honble Supreme Court and this Tribunal. The applicant has also complained regarding disproportionate assets of Joginder Singh (Junior Engineer, Municipal Corporation, Dharmsala) by giving detailed particulars of the same and has submitted that Joginder Singh (Junior Engineer, Municipal Corporation, Dharmsala) is indulging in illegal activities of illegal construction, allotments, subletting, issuance of NOCs and cutting of trees.
2. Vide order dated 12.07.2022, this Tribunal constituted a Joint Committee comprising of Principal Secretary, Department of Urban Development, Government of Himachal Pradesh, Principal Chief Conservator of Forests, Government of Himachal Pradesh, State PCB, Municipal Commissioner and Deputy Commissioner, Kangra and directed the same to submit factual and action taken report within two months.
3. In compliance thereof the report of the Joint Committee has been filed by HSPCB vide email dated 28.09.2022. The relevant part of the report is reproduced as under:-
Action taken report of the Joint Committee constituted in compliance to the order dated 12.07.2022 passed by the Honble NGT in Original Application No. 419/2022 titled Mohinder Singh Vs. State of H.P.
X X X X X
FIRST MEETING OF THE JOINT COMMITTEE:
In compliance to the above directions of Honble NGT, the aforesaid Joint Committee met on 08.08.2022 under the chairmanship of the Principal Secretary, Department of Urban Development, Government of H.P, to examine the issues and actions needed to be taken by the representatives of concerned departments/authorities in this matter. The Joint Inspection committee was directed to submit a complete Action Taken Report in this regard (Minutes of the first meeting of the NGTs Joint Committee is annexed as Annexure-I).
JOINT INSPECTION OF THE SITE
The joint inspection of the site was conducted on 10/08/2022 by the following:-
1. Sh. D.R. Kaushal (IFS), Chief Conservator of Forests, Dharamshala on behalf of Principal Chief Conservator of Forests, H.P.
2. Sh. Pradeep Kumar Thakur (IAS), Municipal Commissioner, Dharamshala, H.P. on behalf of the Principal Secretary (UD), Govt. of H.P.
3. Dr. Nipun Jindal (IAS), Deputy Commissioner, Kangra, H.P.
4. Dr. Sanjeev Sharma, Divisional Forest Officer, Dharamshala.
5. Sh. Varun Gupta, Regional Officer, HPSPCB, Dharamshala for the State PCB.
In addition to the above, Revenue officials, Police, complainant & owner of the property were also present during the inspection.
During the joint inspection the grievances of the complainant i.e. Sh. Mohinder Singh were also heard in person by the Committee. During the inspection, it was decided that Dharamshala Municipal Corporation (DMC) will check for any deviation/unauthorized construction in the building, Revenue Department will conduct demarcation of the land and Tree Officer of DMC will check for any kind of illegal cutting/felling of trees and/or any kind of violation as observed and date to carry out the demarcation by the revenue department in coordination with DMC was fixed on date: 12/08/2022. Accordingly the demarcation of the site in question was carried out on date: 12/08/2022.
(Copy of proceedings and attendance sheet of Joint Inspection carried out on 10/08/2022 is annexed as Annexure-II and III respectively. Copy of attendance sheet of the members during demarcation on 12/08/2022 is annexed as Annexure-IV. Photographs of Joint inspe
