Om Prakash vs State Of Haryana

The applicant has filed present application under Sections 16 and 18 of the National Green Tribunal Act, 2010 seeking inter alia the following reliefs:

“a. Direct the Respondent no. 3 to remove the encroachment and stop the illegal construction on the public park known as “Tubewell No. 2 Park ” situated at Hira Mandir Road, Near Neemka Ped Chowk, Ahirwala, baselwa, Old Faridabad, Haryana;

b. Direct the Respondent no. 3 to plant the trees in the Tubewell No. 2 park situated at Hira Mandir Road, Near Neemka Ped Chowk Ahirwala, baselwa, Old Faridabad, Haryana;

c. Impose environmental compensation on the Respondent no. 3 for illegal encroachment, cutting of the trees and unauthorized construction on the public park; and

d. Pass any further order(s)/direction(s) as the Court may deem fit and necessary in the interest of justice. ”

The applicant has submitted that the city of Faridabad is one of the most polluted city of the Country with rampant increasing pollution levels. The above said public park is used by residents of the locality and works as lungs for protecting the environment but despite the increasing pollution levels in the city, the respondent no. 3 has illegally encroached upon and cut down several big trees which were almost 25 years old with the help of JCB machines, without having any permission from the concerned authorities and started construction of Community Center in the public park and thereby violated the fundamental right to life of the residents. The applicant approached the respondents and gave representations dated 05.04.2022 and 20.04.2022 but no action has been taken by the respondents.

We are of the view that the grievances made in the letter petition have to be factually verified and remedial action is required to be taken on the basis thereof by the concerned Statutory Authorities in accordance with the obligations under the statutory provisions and the directions issued by Hon’ble Supreme Court and this Tribunal. We accordingly constitute Joint Committee of State PCB, DFO and Deputy Commissioner, Faridabad and direct the same to verify the factual position, look into the grievances of the applicant and take remedial action in accordance with law by following due process. The Deputy Commissioner, Faridabad will be the nodal agency for co-ordination and compliance.

Factual and action taken report may be furnished within two months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before the Bench for further directions.

The application is disposed of accordingly with these directions.

A copy of this order, along with a copy of the complaint, be forwarded to the State PCB, DFO and Deputy Commissioner, Faridabad by e-mail for compliance.