The NGT directed further reports on encroachment removal in Gurgaon. Upon receipt of reports showing the Zila Parishad initiated ejectment proceedings and earthwork notices, the Tribunal held that further action may continue in accordance with law and disposed of the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. 1
Item No. 05
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 769/2018
(With reports dated 25.01.2021 & 22.03.2021)
Pardeep Nirala
Applicant
Versus
Ministry of Environment & Forests & Ors.
Respondent(s)
Date of hearing: 23.03.2021
CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER
Respondent: Mr. Rahul Khurana, Advocate for the State of Haryana & HSPCB
ORDER
“ 3. Report furnished by the Deputy Commissioner, Gurugram states that the Archaeological Survey of India is not concerned with
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the matter as reported by ASI. Some steps have been taken for compliance of the Solid Waste Management Rules, 2016 by the Municipal Corporation. The removal of encroachment is to be done by the District Board with the assistance of the Municipal Corporation.
4. Learned counsel for the State submits that there is no clarity as to which is the District Board to take action. He does not dispute that the land belongs to the State. In these circumstances, it is the Deputy Commissioner, Gurugram who has to ensure removal of encroachment and restoration of the green areas. The Chief Secretary, Haryana may monitor the situation and the District Magistrate, Gurgaon may furnish a report on the action taken to the Chief Secretary, Haryana within one month. The Chief Secretary, Haryana may include the action taken in the quarterly report to be furnished to this Tribunal in terms of the order dated 06.03.2019 in O.A No. 606/2018, Compliance of Municipal Solid Waste Management Rules, 2016.
5. Let a further action taken report be furnished in the matter to the Tribunal by the District Magistrate within three months by email at [email protected] and a copy of the same be also furnished to the applicant. ”
6. The District Magistrate may file further action taken report before the next date by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.”
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“2. That the land in question is Khasra Number 243 total measuring 33 kanal 18 marla Gair Mumkin Purana Kila owned by District Board, Gurugram. After the abolition of District Boards, the assets and liabilities were vested in the Zila Parishads under section 118 of the Punjab Zila Parishad and Panchayat Samiti Act, 1961 and in the year 1973 vide Act No. 22 of 1973, the Zila Parishads and Panchayat Samitis were abolished and the assets and properties were vested in the State Government. Now, the Zila Parishads in the State of Haryana have been revived vide the Haryana Panchayati Raj Act, 1994 and under section 144 of the said act, all land and other immovable properties other than roads, civil dispensaries, hospitals, school building, devolved on government on the abolition of Zila Parishad by the Punjab Panchayat Samiti and Zila Parishad Act, 1973 shall re-vest in Zila Parishad. The land in question i.e. Khasra No. 243 Gair Mumkin Purana Kila is vested in the Zila Parishad, Gurugram under section 144 of the Haryana Panchayati Raj Act. However, the revenue record has not been corrected in favour of Zila Parishad and reflects the ownership of State Government and in the possession of District Board. Copy of section 144 of the Haryana Panchayati Raj Act is annexed as ANNEXURE - 1.
3. That in compliance of orders dated 17-09.2020, the office of Zila Parishad, Gurugram issued notices dated 09-03-2020 and reminders dated 07-07-2020 and 22-09-2020 respectively, to the encroachers on the basis of Local Commission Report dated 13-01-2020 conducted by the Municipal Corporation, Gurugram.
4. That when the office of Zila Parishad issued notices to the encroachers, the encroachers filed civil suits in different Civil Courts, Gurugram. The court of Ms. Sumitra Kadian, Civil Judge, Gurugram, passed ex-parte injunction order on 05-10-2020. The relevant portion of said order is as under: -
"In view of all these facts, this court is of the opinion that if ex parte interim relief is not granted to the plaintiff, then he would suffer irreparable loss. So, till further orders defendant is restrained from demolishing the suit property"
Copy of order dated 05-10-2020 is annexed as ANNEXURE-2.
Thereafter, after summoning, the Zila Parishad appeared on 15-102020 and filed an application under order 7 rule 11 CPC for the rejection of the plaint that the matter cannot be adjudicated by the Civil Courts under the provisions of NGT Act and no cause of action arose. The Hon'ble Court of Ms. Sumitra Kadian, Civil Judge (Junior Division), Gurugram after hearing the arguments of both the parties dismissed the application under order 7 rule 11 CPC vide order dated 25-11-2020. Copy of order dated 25-11-2020 is annexed as ANNEXURE - 3. The Zila Parishad has filed written statement and reply to the application under order 39 rule 1 Ft 2 before the Hon'ble Civil Court and now the cases are fixed for 02-04-2021 for argument on stay application.
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Some cases are pending in the court of Sh. Madhur Bajaj, Civil Judge, Gurugram and are fixed for 25.03.2021 for arguments on application under order 7 rule 11 CPC.
5. That during this period, the Zila Parishad has filed applications before the Sub Divisional Officer (Civil) cum Collector, Badshahpur for the ejectment of encroachers from Khasra Number 243 Gair Mumkin Purana Kila (land in question in 0.A. 769/2018) under the Haryana Public Premises Act, 1973. The said applications against the encroachers are fixed for hearing on 24-03-2021 for reply and notice.
6. That in these circumstances, the Zila Parishad, Gurugram has initiated the proceedings for ejectment against the encroachers in due course of law and the status report is being submitted in compliance of order dated 17-09-2020 passed by the Hon'ble NGT, for further adjudication.”
In view of above, further action may be continued in accordance
with law.
The application is disposed of.
Adarsh Kumar Goel, CP
S.K. Singh, JM
Dr. Nagin Nanda, EM
March 23, 2021 Original Application No. 769/2018 SN
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3 issues framed by the court
Whether the District Magistrate or Zila Parishad has the jurisdiction to remove encroachment and restore green areas in response to follow-up reports.
Whether the initiation of ejectment proceedings under the Haryana Public Premises Act satisfies the Tribunal's directions for environmental restoration.
Whether the application requires further adjudication by the Tribunal or if current administrative actions are sufficient.
Colour shows how this judgement treated each authority
N/AReferred
3 provisions across 3 enactments
Pardeep Nirala
Ministry of Environment & Forests & Ors.
Adarsh Kumar Goel
Sheo Kumar Singh
Nagin Nanda
As recorded by the court registry
An original application before a tribunal, most commonly a service dispute before the Central or a State Administrative Tribunal.
Judgements on the same questions, provisions and authorities, from every court
