Item No. 14 Court No.
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 540/2019
Residents Welfare Association (Regd.) Applicant(s)
Versus
State of Haryana & Ors. Respondent(s)
Date of hearing: 14.08.2019
CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON’BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON’BLE DR. NAGIN NANDA, EXPERT MEMBER
For Applicant(s): Mr. S.A. Zaidi and Mr. Kapil Sagar, Advocates
For Respondent (s): Mr. Alok Sanwan, AAG along with Mr. Devender
Malik, SDO, HSVP and Mr. Naresh Kumar Singh,
Executive Engineer Horticulture
Mr. Rahul Khurana, Advocate for HSPCB
ORDER
1. Grievance in this application is against encroachment of the
green belt at Sector – 18, Panipat, Haryana. The applicant
alleges that the authorities have turned a blind eye towards the
cutting of trees in the green belt for personal benefits and has
annexed photographs showing liquor shops in the green belt.
2. The reply dated 13.08.2019 sets out the stand of the Haryana
State PCB that Haryana Shehri Vikas Pradhikaran (HSVP) has
been informed that trees and plants have been cut in the green
belt to make commercial place for liquor and other shops. Mr.
Devender Malik, SDO, HSVP and Mr. Naresh Kumar Singh,
Executive Engineer Horticulture along with the learned counsel
1
state that liquor shop in question has now been dismantled
and green belt is to be fenced by a boundary wall to prevent
any such action in future.
3. Having regard to the seriousness of the situation presented by
the present case, we are of the view that the State Government
must plan a mechanism to take suitable action with regard to
such violations throughout the State. It is not understood how
liquor vend which requires license from Excise Department of
the State can be allowed to be located in a park or in a notified
green belt. The concerned officers responsible for protecting
such green belt and any such encroachment must be dealt with
strictly. The Authorities may keep a vigil for protection of the
green belts.
4. Green belts and parks developed based on approved Master
Plan can not be diverted for use for other purposes.1 The
Supreme Court in the case of Bangalore Medical Trust v. B.S.
Muddappa & Ors. held2:
“Protection of the environment, open spaces for recreation
and fresh air, playgrounds for children, promenade for the
residents, and other conveniences or amenities are matters
of great public concern and of vital interest to be taken care
of in a development scheme. It is that public interest which
is sought to be promoted by the Act by establishing the
BDA. The public interest in the reservation and preservation
of open spaces for parks and playgrounds cannot be
sacrificed by leasing or selling such sites to private persons
for conversion to some other user. Any such act would be
contrary to the legislative intent and inconsistent with the
1
Lal Bahadur Vs. The State Of Uttar Pradesh
2
(1991) 4 SCC 54 at para 24
2
statutory requirements. Furthermore, it would be in direct
conflict with the constitutional mandate to ensure that any
State action is inspired by the basic values of individual
freedom and dignity and addressed to the attainment of a
quality of life which makes the guaranteed rights a reality
for all the citizens.”
5. The Chief Secretary of Haryana may examine the aspects
indicated in para 3 above throughout the State by seeking
reports from concerned authorities and furnish a report in O.A.
No. 606/2018 (Compliance of Municipal Solid Waste
Management, State of Haryana) by e-mail at [email protected]
along with other report to be furnished in the said matter. A
copy of this order be sent to Chief Secretary, Haryana by e-
mail.
6. The application is disposed of except for consideration of report
of the Chief Secretary in O.A No. 606/2018. A copy of this
order be placed in the file of O.A No. 606/2018.
Adarsh Kumar Goel, CP
S.P. Wangdi, JM
Dr. Nagin Nanda, EM
August 14, 2019
Original Application No. 540/2019
A