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2025 Supreme(Online)(NGT) 1631
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Arun Kumar Tyagi, J, Afroz Ahmad, EM
Charan Singh – Appellant
Versus
State of Haryana – Respondent
Misc Application in Disposed of Cases No. 9/2025 | Original Application No. 278/2024
For the Respondents: Mr. Rahul Khurana, Mr. Sanjay Tonk, Mr. Vinit Kumar
Judicial enforcement of environmental regulations mandates authorities to provide detailed compliance reports regarding encroachments.
Headnote:(A) Environmental Protection Act - Directions for restoration of ponds as laid down in precedent cases.
(B) Procedural Compliance - Encroachment details not provided by authorities hinder proper judicial process.
(C) Authority Accountability - Judicial imperative for action against non-compliance with past orders.
Facts of the case:
The application concerns encroachments on a pond in Ambala, previously resolved by a Joint Committee's order.
Findings of Court:
Necessary preventive actions must be taken by the state authorities within three months.
Issues: The primary issue revolves around the absence of encroacher details in responses, impacting the Tribunal's ability to enforce compliance.
Ratio Decidendi: The court emphasized that without proper identification of encroachers, fairness in judicial proceedings cannot be achieved.
Result: The application was disposed of with directives for timely action.
| Table of Content |
|---|
| 1. encroachment concerns on environmental resources. (Para 2 , 3) |
| 2. importance of details in compliance for fair proceedings. (Para 10 , 11) |
| 3. need for accountability in environmental regulatory actions. (Para 12 , 13) |
| 4. judicial directives for compliance with specified timelines. (Para 14 , 15) |
ORDER
1. Mr. Charan Singh had sent a letter petition dated 17.09.2023 to this Tribunal, which was treated and registered as Original Application No.
278/2024.
2. The applicant raised grievances regarding encroachments on pond (Johad) at Ambala.
3. The application was disposed of vide order dated 24.05.2024 whereby Joint Committee comprising District Magistrate, Karnal and Haryana State Pollution Control Board was directed to visit the site, collect relevant information and if it found any encroachment or otherwise dumping of waste (liquid or solid) in the said pond, causing damage to the environment, take appropriate preventive, remedial and punitive action against the violators in accordance with law and file its report within three months before Learned Registrar General of this Tribunal who was given liberty to place the matter before the Bench for further orders if necessary. 4. In compliance thereof report dated 23.09.2024 was filed by the Regional Officer, HSPCB, Karnal Region.
5. Considering passing of further orders by this Tribunal to be necessary, the matter has been listed before the Bench for further orders. 6. Vide order dated 21.01.2025 (1) State of Haryana through Additional Chief Secretary, Environment, Forest and Wild Life, Government of Haryana, (2) Member Secretary, Haryana Pond and Waste Water Management Authority (3) District Magistrate, Karnal and (4) Haryana State Pollution Control Board were impleaded as respondents no. 1 to 4.
7. Pursuant to notice reply dated 15.04.2025 was filed by respondent no. 4-HSPCB.
8. Vide order dated 16.04.2025 respondents no. 1 to 3 were directed to file their replies and respondents no. 2 and 3 were directed to specifically mention about steps taken for removal of encroachments and remedial measures taken for rejuvenation of the pond with all relevant details. Respondents No. 2 and 3 shall also enclose with their replies photographs taken/video clips recorded on the spot and copies of the ejectment proceedings initiated and orders passed on the same.
9. In compliance of order dated 16.04.2025 short replies dated
09.07.2025 have been filed by respondent no. 2 and 3.
10. In the replies particulars of the encroachers with their names, parentage, residential addresses, area encroached upon and nature of encroachments have not been given.
11. In the absence of such particulars the encroachers cannot be impleaded by this Tribunal as respondents for giving them opportunity of being heard before passing of further orders which may adversely affect them.
12. In the replies reference has been made to ejectment proceedings but the details regarding ejectment cases filed, present status of the proceedings and expected timeline for conclusion of the ejectment proceedings have not been mentioned.
13. Directions for restoration/rejuvenation of ponds were given by Hon’ble Supreme Court in Hinchlal Tiwari Vs Kamala Devi & Ors. (2001) 6 SCC 496 and numerous other cases and also by this Tribunal in number of cases but despite expiry of long periods of time requisite action has not been taken by the concerned authorities as demonstrated in the present case.
14. In view of the above the present miscellaneous application is disposed of with directions to respondents no. 1, 2 and 3 to take preventive, punitive, prohibitive and remedial action in accordance with law and file their Action Taken Reports within three months with all requisite details as highlighted above before Ld. Registrar General of this Tribunal who may put up the matter before this Bench, if further orders are considered to be necessary.
15. It is clarified that in case of non-compliance of this order, this Tribunal may be constrained t
