Kiran Raj

The National Green Tribunal (NGT) has directed the eviction of illegal occupants from Gram Panchayat land in Badshahpur, Punjab, and imposed environmental compensation based on the "Polluter Pays" principle. The Tribunal held that the unauthorized occupation and felling of trees necessitated remedial measures and compensation to restore environmental damage. The decision, delivered by a Bench comprising Justice Sudhir Agarwal (Judicial Member) and Dr. Afroz Ahmad (Expert Member), upheld the role of statutory authorities in enforcing environmental laws and ensuring compliance.

The Tribunal, acting on a letter petition, took suo motu cognizance of the matter and considered various reports, submissions, and legal provisions before issuing its directives. The case involved allegations of illegal encroachment by Lord Krishna College and the unauthorized cutting of trees on Panchayat land. The court recorded its observations regarding the responsibilities of authorities and violators in addressing environmental damage and ensuring lawful land use.

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The matter originated from a letter petition filed by S.C. Kaushal, President of Patarkar Morcha Association (Regd.), Punjab, highlighting alleged illegal encroachment by Lord Krishna College at Gram Panchayat Badshahpur, District Kapurthala. The complainant alleged that approximately 10 acres and 6 kanals of Panchayat land had been occupied illegally and that nearly 150 trees, approximately 30 years old, had been felled without authorization.

The Tribunal, recognizing substantial environmental concerns under the National Green Tribunal Act, 2010, impleaded the following parties as respondents:

• The State of Punjab, through the Chief Secretary

• Deputy Commissioner, Kapurthala

• Divisional Forest Officer, Kapurthala

• District Development and Panchayat Officer (DDPO), Kapurthala

• Sarpanch, Gram Panchayat, Kapurthala

• The Manager, Lord Krishna College.

During the proceedings, the Tribunal examined reports submitted by statutory authorities, including the Deputy Commissioner, Kapurthala, and the DDPO. A Joint Committee was constituted to investigate the matter, and its findings confirmed unauthorized encroachment and environmental damage. Reports from the Tehsildar and other revenue officials further substantiated the claims of illegal possession and non-payment of lease amounts beyond 2011-2012.

Respondent No. 6 (Lord Krishna College) disputed the allegations, stating that the lease agreement for the land was only valid from June to November 2023 and that the College had not utilized the land during this period. However, the Tribunal noted that the Gram Panchayat had filed an eviction petition in March 2023, leading to an order for eviction issued by the DDPO, Kapurthala, on November 23, 2023.

The Tribunal examined the applicability of environmental principles in assessing liability for the damage caused. It referred to precedents, including the Supreme Court’s decisions in Indian Council for Enviro-Legal Action vs. Union of India (1995) and Vellore Citizen Welfare Forum vs. Union of India (1996), reaffirming the “Polluter Pays” principle. The Tribunal observed:

"The Polluter Pays principle demands that the financial costs of preventing or remedying damage caused by pollution should lie with the undertakings which cause the pollution, or produce the goods which cause the pollution. Under the principle, it is not the role of government to meet the costs involved in either prevention of such damage, or in carrying out remedial action, because the effect of this would be to shift the financial burden of the pollution incident to the taxpayer."

The Tribunal further stated that "illegal cutting of trees, whether in a forest area or non-forest area, has equal damaging and adverse impact upon the environment. The responsible parties must be held accountable for remediation and restoration measures." It held that the felling of trees without statutory approval warranted punitive and compensatory action.

The court also examined the role of regulatory authorities, stating that their inaction or failure to enforce environmental norms warranted judicial intervention. It was recorded that "where a Proponent has established its commercial unit and operates contrary to law flouting norms provided by law, Statutory Regulator is bound to act, and if it fails, a judicial forum can direct it to act in accordance with law."

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The Tribunal issued specific directives to address the illegal encroachment and environmental damage:

1. The District Development and Panchayat Officer, Kapurthala, shall ensure the complete removal of unauthorized occupation from Gram Panchayat land in Badshahpur. The Tehsildar, Kapurthala, is directed to execute the warrant of possession and facilitate the restoration of the land to the Gram Panchayat, in accordance with the eviction order dated 23.11.2023.

2. The Punjab Pollution Control Board shall assess and impose environmental compensation on Lord Krishna College for the unauthorized cutting of trees. The assessment shall be conducted as per established legal principles, ensuring that the concerned parties are given an opportunity to be heard.

3. The Punjab Pollution Control Board shall complete the assessment within three months and submit a compliance report to the Registrar General of the Tribunal by 15.07.2025. If further directions are necessary, the matter may be placed before the appropriate Bench.

4. Copies of this decision shall be sent to the Punjab Pollution Control Board, Deputy Commissioner Kapurthala, Divisional Forest Officer Kapurthala, District Development and Panchayat Officer Kapurthala, Sarpanch Gram Panchayat Kapurthala, and the Manager of Lord Krishna College for necessary action and compliance.

Advocates Representing the Parties

• For the Applicant: Applicant appeared in person (via Video Conference).

• For the Respondents:

• Mr. Sandeep Bajaj, AAG, State of Punjab, with Mr. Mayank Biyani, Advocate.

• Mr. Shantanu Parasher, Ms. Divita Vyas, Mr. Ashok Kumar Garg, and Ms. Kavita Agrawal, Advocates for Respondent No. 6.

• Mr. Abhinav Jain, Advocate for DDPO 

Case Title: S.C. Kaushal vs. State of Punjab & Ors.

Case Number: Original Application No. 428/2023

Bench: Justice Sudhir Agarwal, Judicial Member&  Dr. Afroz Ahmad, Expert Member

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