Tribunal directs Ludhiana civic body chief to appear before Bench

In a contempt petition (execution application) filed by members of the Public Action Committee (PAC) against the non-compliance of orders on the restitution of green belts at Sarabha Nagar and Model Town Extension, the National Green Tribunal (NGT) has directed the MC Commissioner, Ludhiana, to appear before the Tribunal physically on the next date of hearing to show cause as to why the order for his prosecution under Section 26 of the National Green Tribunal Act, 2010, be not passed and as to why he be not ordered to be arrested and detained in civil prison and as to why appropriate environmental compensation be not imposed on him or the Municipal Corporation for environmental damages caused due to encroachment on green belts and also failure to take prompt action for remediation of the same.

Er Kapil Arora and Er Vikas Arora said they had filed a case against encroachment over the land of Leisure Valley at Sarabha Nagar by the Municipal Corporation by construction of the Zone-D extension office as well as a scrapyard. Besides, encroachments over the green belt at the Model Town Extension were also taken up before the Bench. The Bench vide orders dated July 4, 2024, had directed the MC Commissioner for restitution of the green belts and submit a report. The case was accordingly disposed of.

However, the MC Commissioner allegedly submitted an incomplete report by demolishing buildings partially. Taking cognisance of the case, the Bench reopened the case. On January 13, 2025, the Tribunal observed that the non-compliance with the order passed by the Tribunal was an offence punishable under Section 26 of the National Green Tribunal Act, 2010, and the order passed by the Tribunal was executable as a civil court decree under Section 25 of the NGT Act in accordance with provisions of the Code of Civil Procedure, 1908, by coercive methods, including arrest and detention of the judgment debtor in civil prison. However, despite such strict warning, the civic body chief failed to comply with the orders, resulting in major damages to the environment.

“Keeping in view the same, we moved one contempt petition against such act of the Municipal Commissioner and after hearing the plea, the court directed the orders,” Arora said.

“The MC Commissioner is directed to appear before the Tribunal physically on the next date of hearing to show cause as to why order for his prosecution under Section 26 of the NGT Act be not passed and as to why he be not ordered to be arrested and detained in civil prison and as to why appropriate environmental compensation be not imposed on him or the MC for environmental damages caused due to encroachment on green belts and also failure to take prompt action for remediation of the same. The MC chief is also directed to take further action for due compliance of the order passed by the Tribunal and file further action-taken report within 15 days,” the court said.

The next hearing in the case is scheduled for August 11.