Disposed

Misc Application in disposed of cases No. 79/2025 in Original Application No. 785/2024 of Mr Jatinder Kumar Chabba vs

NGT9 Feb 2026Misc Application in disposed of cases No. 79/2025 in Original Application No. 785/2024

Case brief

AI extract

What is this about?

The applicant complained of illegal tree felling and land use change under the Punjab Land Preservation Act. The Tribunal noted conflicting reports from the DFO regarding violations of Section 4 and found no evidence of illegal tree cutting. Finding the applicant did not substantiate allegations, the Tribunal disposed of the miscellaneous application without passing an intervention order.

What did the court decide?

No intervention order is required; the miscellaneous application is disposed of.

Misc Application in disposed of cases No. 79/2025 in… — Environment and Pollution | NGT (2026)

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Item No. 05

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Court No. 2

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Misc Application in Disposed of Cases No. 79/2025 In

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Original Application No. 785/2024

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Mr. Jatinder Kumar Chabba Applicant

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Versus

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State of Punjab & Ors. Respondents

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Date of hearing: 09.02.2026

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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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A pplicant: None for the applicant.

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Respondents: Mr. Dipankar Aggarwal, Advocate for respondent no. 1 to 3. Mr. Harbhajan Singh, DFO, Shaheen Bhagat Singh Nagar at Garh Shankar. Mr. Shamshad Siddiqui, Proxy counsel for Mr. J.H. Jafri, Advocate for respondent no. 4. Mr. Shivam Prashar and Mr. Ankit Dhiman, Advocates for respondent no. 5.

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ORDER

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The applicant- Jatinder Kumar Chabba made a complaint dated 23.09.2023 on the Public Grievances Portal of this Tribunal which was treated and registered as Original Application No. 785/2024 for exercise of suo moto jurisdiction in view of law laid down by Hon’ble Supreme Court

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in Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022)

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13 SCC 401.

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In the letter petition treated as the original application the applicant raised the grievances regarding illegal felling of trees from land notified under the Punjab Land Preservation Act, 1900 and the relevant part of the letter petition reads as under:-

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“Regarding: Blatant Violation Of The Indian Forest Act wrt Change of land use under Section 5 as also applicable in Punjab State-at Village Village Khuralgarh(Khurali-HB NO 485) Tehsil Garhshankar, Hoshiarpur.

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Respected Sir,

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This has reference to the subject matter as above. We wish to inform your office urgently about the connivance of District forest officials Police and the Revenue authorities of the district in spoiling the basic environmental topography of the area in gross violation of the Section 5 of Indian Forest Act as also applicable there. We append details of violations which are unhindered:

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The basic structure of the area falling in Hadbast 485 bearing Khasra Nos 279,280,307,308/2 which is included in the PLPA 1900 under section 4 & 5 has been allowed to be changed by the above authorities in connivance. We are attaching the photographs, showing as to how, the land use has been changed/being changed daily, despite numerous letters/complaints to the concerned authorities of Punjab in this district. (Annexure 1). Numerous trees have been cut in violation of the guideline thus depleting green cover. The above area is being misused by construction of Pucca houses, shops roads, religious deras with regular use of ICBs, Bulldozers and Earth Movers We have to inform you that the matter was taken up with the Forest Officials through an RTI, in response to which the department admitted that it has never allowed the above change of land use by these unscrupulous persons. We further asked them to inspect and prevent the violations and inform us accordingly for their inspection. So strange and dismal to point out that the department also admitted that no inspection has been made ever by any official/s. Enclosed is the reply to our RTI and our RTI application (Annexure-283).

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We request your office to intervene immediately to prevent illegal change of land use, thus miring the beauty of landscape, destroying the greenery and minting of illegal money in the process by the above nexus.”

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This Tribunal disposed of the above said O.A by order dated 07.08.2024 by constituting a Joint Committee comprising the District Magistrate, Hoshiarpur, Divisional Forest Officer, Hoshiarpur and Punjab State Pollution Control Board with direction to visit the site, collect relevant information and if it found any violation of environmental laws as also cutting of trees illegally, in an unauthorized manner, to take appropriate preventive and remedial action in accordance with law within three months and submit a Compliance Report with Registrar General of this Tribunal who was given liberty to place the matter before the Bench if further order was considered to be necessary.

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In compliance of order dated 07.08.2024, report dated 05.11.2024 was filed by the Divisional Forest Officer, Garhshankar.

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In his report, DFO, Garhshankar mentioned that letter was written to SDM for demarcation of the land in question and on conducting of demarcation, land measuring 84662.97 square feet was found to be violated area due to construction of shops in Khasra No. 280-307 and latrines in Khasra No. 307 and that notice under Section 4 of the Punjab Land Preservation Act, 1900 was issued for removal of the unauthorized construction reply to which was awaited. However, in his report, DFO, Garhshankar also mentioned that no illegal cutting of the trees was found.

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Since further orders were considered to be necessary, the report was registered as M.A. No. 79/2025 and listed before the Bench for further orders.

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In view of the observations made in the report, (1) the State of Punjab through Secretary Environment, Forest and Climate Change; (2) District Magistrate, Garhshankar; (3) DFO Garhshankar; (4) Punjab

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Pollution Control Board and; (5) Shri Guru Ravidas Historical Shrine through Sant Surender Das were impleaded as respondents no 1 to 5.

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The Registry was also directed to issue notice to the applicant along with a copy of the report filed by DFO, Garhshankar for submission of objections if any, against the same and also producing the material before this Tribunal regarding allegations of illegal cutting of the trees. 9. Pursuant to notice, reply dated 11.08.2025 was filed by respondent no. 1-Secretary, Environment, Punjab and reply dated 05.08.2025 was filed by respondent no. 4-PPCB, affidavit dated 14.08.2025 was filed on behalf of the District Magistrate, Garhshankar, compliance report cum short affidavit dated 03.10.2025 was filed by DFO, Garhshankar, respondent no. 5 filed reply dated 14.01.2026 and additional documents dated 28.01.2026.

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In reply dated 14.08.2025 filed on behalf of the District Magistrate, Garhshankar it has been mentioned that on examination of demarcation report, DFO, Garhshankar observed certain irregularities pertaining to forest regulations and issued a notice No. 5499 dated 24.10.2024, regarding gross violations of the Indian Forest Act, 1927, the Forest Conservation Act, 1980 and the order dated 12.12.1996 of the Hon'ble Supreme Court to the Sant Surinder Das Trustee Guru Ravidas Historical Shrine Charan Choh Ganga and (Amrit Kund) Khuralgarh Sahib at village Khurali, Tehsil Garhshankar, District Hoshiarpur to which no reply was received. Consequently, the DFO, Garhshankar, has filed a complaint in the form of challan before the court of Sh. Manu Mittu, Ld. Additional Civil Judge (Senior Division)-cum-SJDM, Garhshankar, for necessary legal action in accordance with law.

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This Tribunal found the report dated 05.10.2024 filed by respondent no. 3- DFO, Garhshankar to be self-contradictory and vide order dated 18.08.2025 directed DFO, Garhshankar to file additional response.

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In compliance thereof, report dated 03.10.2025 has been filed by respondent no. 3 DFO, Garhshankar. In his report, DFO, Garhshakar has submitted that area measuring 84662.97 sq feet falls in Khasra No. 280 and 307 owned by Sri Guru Ravida Historical Religious Place Charan Sho Ganga (Amrit Kund), Khuralgarh Sahib, Khurali, Tehsil Garhshankar, District Hoshiarpur, Punjab, which is a private property; there is no encroachment on government land; and construction on the above said land is in violation of Section 4 of the Punjab Land and Preservation Act, 1900 (PLPA, 1900).

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Pursuant to notice, reply dated 14.01.2026 was filed by respondent no. 5 - Shri Guru Ravidas Historical Shrine. In its reply, respondent no. 5 claimed to be owner in possession of the land in question and denied allegations regarding illegal tree felling.

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The Applicant did not appear before this Tribunal during hearing of the O.A. and the present Miscellaneous Application and even today. The Applicant did not file any response to reports/replies filed by the respondents.

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We have heard submissions made by learned counsel for the respondents and we have gone through the material on record carefully.

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The applicant has raised grievances regarding illegal cutting of trees from land comprised in Khasra No. 279, 280, 307 and 308/2 in violation

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of the provision of the PLPA, 1900 and without permission of competent authorities.

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In his response, respondent no. 5 has claimed ownership and possession of the above-mentioned land and claim of respondent no. 5 is supported by judgement and decree dated 30.01.2024 passed in Civil Suit titled Sri Guru Ravi Dass Ithasik Dharamasthan Charanshoh Ganga Amritkund, Khuralgarh Sahib, Khurali, Tehsil Garhshankar, District Hoshiarpur Versus Vijay Chabba and another for permanent injunction passed by the Court of learned Additional Civil Judge, Senior Division, Garhshankar. By the above said judgment and decree, Sri Guru Ravi Dass Ithasik Dharamasthan Charanshoh Ganga Amritkund, Khuralgarh Sahib, Khurali, Tehsil Garhshankar, District Hoshiarpur was held to be owner in possession of the land in question and decree for permanent injunction restraining defendants from interfering in the suit property was passed.

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Admittedly, the above-mentioned land is covered by notification issued under Section 4 of the PLPA, 1900 and respondent no.5 is stated to have violated the provisions of Section 4 of the PLPA, 900 by raising construction on area measuring 8,4662.97 square feet regarding which complaint case has been filed against respondent no.5 which is pending in the Court of Judicial Magistrate, First Class, Punjab. So far as the allegations regarding illegal cutting of trees are concerned, DFO, Garhshankar had mentioned that no such illegal cutting of trees was found in the area in question.

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The applicant has not appeared before this Tribunal and has not produced any material in support of the averments regarding illegal cutting of trees made in the original application and therefore the unsubstantiated

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averments made in the original application cannot be accorded any credence.

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In these facts and circumstances of the case, no intervention order is required to be passed by this Tribunal on the present Miscellaneous Application which is disposed of accordingly.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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February 09^th , 2026 M.A. in Disposed of Cases No. 79/2025 In Original Application No. 785/2024 AB

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Misc Application in disposed of cases No. 79/2025 in Original Application No. 785/2024 of Mr Jatinder Kumar Chabba vs

Case brief

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Misc Application in disposed of cases No. 79/2025 in Original Application No. 785/2024 of Mr Jatinder Kumar Chabba vs

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