Disposed

Misc Application in disposed of cases No. 9/2025 in Original Application No. 278/2024 of Charan Singh vs

NGT10 Jul 2025Misc Application in disposed of cases No. 9/2025 in Original Application No. 278/2024

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of a miscellaneous application concerning encroachment on a pond in Ambala. The court directed respondents to take remedial action, provide details of encroachers and ejectment proceedings, and submit Action Taken Reports within three months.

What did the court decide?

Directions to respondents 1, 2 and 3 to take preventive, punitive, prohibitive and remedial action and file Action Taken Reports within three months.

Misc Application in disposed of cases No. 9/2025 in… — Environment and Pollution | NGT (2025)

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Item No. 10

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Misc Application in Disposed of Cases No. 9/2025 In Original Application No. 278/2024

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Charan Singh Applicant

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Versus

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State of Haryana & Ors. Respondents

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Date of hearing: 10.07.2025

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: None for the Applicant.

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Respondents: Mr. Rahul Khurana, Advocate for R-1 to 4 (through VC) with Mr. Sanjay Tonk, DDPO and Mr. Vinit Kumar, Gram Sachiv.

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ORDER

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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.

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The applicant raised grievances regarding encroachments on pond (Johad) at Ambala.

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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

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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.

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In compliance thereof report dated 23.09.2024 was filed by the Regional Officer, HSPCB, Karnal Region.

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Considering passing of further orders by this Tribunal to be necessary, the matter has been listed before the Bench for further orders.

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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.

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Pursuant to notice reply dated 15.04.2025 was filed by respondent no. 4-HSPCB.

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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.

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In compliance of order dated 16.04.2025 short replies dated 09.07.2025 have been filed by respondent no. 2 and 3.

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In the replies particulars of the encroachers with their names, parentage, residential addresses, area encroached upon and nature of encroachments have not been given.

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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.

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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.

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Directions for restoration/rejuvenation of ponds were given by Hon’ble Supreme Court in Hinchlal Tiwari Vs Kamala Devi & Ors. (2001)

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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.

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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.

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It is clarified that in case of non-compliance of this order, this Tribunal may be constrained to impose exemplary costs and also order prosecution of the concerned officers.

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A copy of this order may be sent to the Chief Secretary, Government of Haryana, Member Secretary, State Wetland Authority and District Magistrate, Karnal for requisite compliance and Member Secretary, HSPCB for information/requisite compliance.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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July 10, 2025 M.A in Disposed of Cases No. 9/2025 In Original Application No. 278/2024 AB

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Misc Application in disposed of cases No. 9/2025 in Original Application No. 278/2024 of Charan Singh vs

Case brief

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Misc Application in disposed of cases No. 9/2025 in Original Application No. 278/2024 of Charan Singh vs

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