Dismissed

Milkhi Ram Sharma v. Ministry of Environment Forest and Climate Change

NGT18 Mar 2026Original Application No. 648/2024

Case brief

AI extract

What is this about?

The NGT dismissed an original application regarding illegal activities in Pong Dam Lake Wildlife Sanctuary. Citing a Supreme Court order, the Tribunal held proceedings were improper while writ petitions were pending in the High Court and disposed of the matter with liberty to approach the High Court.

What did the court decide?

Disposed of the Original Application and all interlocutory applications with liberty to approach the High Court.

Milkhi Ram Sharma vs Ministry of Environment Forest and… — Environment and Pollution | NGT (2026)

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Item No. 12

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 648/2024 (IA Nos. 861/2025, IA No 257/2024, IA No 258/2024, IA No 259/2024)

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Milkhi Ram Sharma Applicant

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Versus

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Ministry of Environment Forest and Climate Change & Ors. Respondent(s)

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Date of hearing: 18.03.2026

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER Applicant: Mr. Adarsh Kumar Vashishta & Dr. Arun Kumar Vashishta, Adv. for Applicant Respondents: Mr. Pankaj Yadav & Mr. Vivek Kumar, Advs. for R - 1 Mr. Divyanshu Kumar Srivastava, Adv. for R - 2 to 10 & 13 (Through VC) Mr. Vaibhav Srivastava, AAG with Mr. Ashish Joshi, Adv. for R – 6 (Through VC) Mr. Vikrant Pachnanda, Adv. for R - 11 (Through VC) Mr. Mohit Singhal, Adv. for CPCB (Through VC)

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ORDER

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In this Original Application (OA), the Applicant has raised an issue of illegal activities and illegal encroachments in Pong Dam Lake Wildlife Sanctuary and wetland. Learned counsel appearing for the Applicant has pointed out that this issue has now been raised in the CWPIL No. 19/2017 before the High Court of Himachal Pradesh and in this regard, he has pointed out the Divisional Bench order of the High Court Himachal Pradesh dated 07.01.2026. Learned counsel has further submitted that earlier the Applicant was relegated to the Tribunal by the High Court in view of availability of the alternate remedy but since the issue has now been taken up by the High Court the remedy lies before the High Court.

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The Hon’ble Supreme Court also in the matter of State of Himachal Pradesh & Ors. V. Yogendera Mohan Sengupta & Anr . Civil Appeal No. 5348-5349 of 2019 by order dated 11.01.2024 has clarified once the Constitutional Court takes up the proceedings the Tribunal should not proceed with the same issue. It has been held by Hon’ble Supreme Court that:-

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“109. In view of the settled legal position, we are of the view that the continuation of the proceedings by the NGT during the pendency of the writ petitions before the High Court was not in conformity with the principles of judicial propriety. Needless to state that the High Court of Himachal Pradesh, insofar as its territorial jurisdiction is concerned, has supervisory jurisdiction over the NGT. Despite pendency of the proceedings before the High Court including the one challenging the interim order dated 12th May 2022 passed by NGT, the NGT went ahead with the passing of the second order impugned herein.”

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In view of this, we dispose of the OA. The Applicant will have liberty to approach the High Court in the pending matter.

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All the pending IAs also stand disposed of.

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Prakash Shrivastava, CP

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Dr. Afroz Ahmad, EM

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March 18, 2026

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Original Application No. 648/2024 (IA Nos. 861/2025, IA No 257/2024, IA No 258/2024, IA No 259/2024) A

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Milkhi Ram Sharma v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

Milkhi Ram Sharma v. Ministry of Environment Forest and Climate Change

Case brief

What is this about?

What did the court decide?

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