Pranav B Prem

The National Green Tribunal (NGT) Principal Bench, New Delhi, comprising Justice Arun Kumar Tyagi (Judicial Member) and Dr. Afroz Ahmad (Expert Member), has issued show-cause notices to senior Haryana officials for continued non-compliance with the Tribunal’s directions regarding garbage mismanagement at Bypass Road, Sector 21A, Faridabad. The Tribunal took serious note of the failure of authorities to comply with its previous order dated September 10, 2024, and observed that despite clear directions, no compliance report had been filed by any of the concerned departments. The order came in an Execution Application No. 69/2025 in Original Application No. 33/2024, filed by Ajay Lal Malik against the State of Haryana and Others, seeking enforcement of the Tribunal’s earlier order.

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Background

In the original proceedings, the Tribunal had directed the Municipal Corporation, Faridabad to construct a boundary wall around the garbage transfer station at Sector 21A, Faridabad, by December 31, 2024, and to ensure strict compliance with the Solid Waste Management Rules, 2016, prohibiting any dumping of garbage outside the designated area. The Municipal Corporation was further directed to file a compliance report by January 15, 2025, with the Haryana State Pollution Control Board (HSPCB) verifying the same. However, as recorded by the Tribunal, no report was filed in compliance with these directions, prompting the applicant to move the present execution application alleging non-compliance of the earlier order.

Tribunal’s Observations

During the hearing, counsel for the applicant produced a video clip depicting serious violations of the Solid Waste Management Rules, 2016. The footage revealed large-scale dumping of garbage, broken boundaries, and an overall state of neglect at the site. After viewing the video, the Bench remarked that it was “shocked to see the worst state of affairs” regarding solid waste management and noted gross negligence and inaction on the part of the concerned officers and departments. The Tribunal further observed that such conduct raised “serious doubts about the competence and commitment to the rule of law” of the officers involved.

The Bench held that non-compliance with the Tribunal’s orders constitutes an offence punishable under Section 26 of the National Green Tribunal Act, 2010, and that such orders are executable as civil court decrees under Section 25 of the same Act, using the procedures under Order 21 of the Code of Civil Procedure, 1908, including attachment of property or detention in a civil prison.

The Tribunal emphasized that the right to a clean and healthy environment forms part of the fundamental right to life under Article 21 of the Constitution and that the continued inaction of the authorities amounted to a violation of this right. The Bench also observed that compensation under Section 15 of the NGT Act, 2010, could be considered not only against the State but also against individual officers whose negligence had contributed to the continuing violations.

Directions and Show-Cause Notices

Taking note of the Chief Secretary’s responsibility to ensure proper implementation of the Solid Waste Management Rules, 2016, the Tribunal issued show-cause notices to the following officials:

• Chief Secretary, Government of Haryana

• Member Secretary, Haryana State Pollution Control Board

• Commissioner, Municipal Corporation, Faridabad

• District Magistrate, Faridabad

The officials have been directed to explain why they should not be prosecuted under Section 26 of the NGT Act, 2010, and why coercive action, including arrest and detention in civil prison, should not be taken for ensuring compliance. The Tribunal further directed the District Magistrate, Faridabad, the Commissioner, Municipal Corporation, Faridabad, and the Regional Officer, HSPCB, Faridabad, to appear in person before the Tribunal on October 30, 2025, with all relevant records to assist in further proceedings and ensure compliance with its earlier orders.

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Copies of the order were directed to be sent by email to the Chief Secretary, Government of Haryana, the Member Secretary, HSPCB, the District Magistrate, Faridabad, and the Commissioner, Municipal Corporation, Faridabad, for immediate compliance.

Appearance

Applicant: Mr. Narender Pal Singh and Ms. Harshita Agarwal, Advocates for the Applicant.

Cause Title: Ajay Lal Malik v. State of Haryana & Others

Case No: Execution Application No. 69/2025 In Original Application No. 33/2024

Coram: Justice Arun Kumar Tyagi (Judicial Member), Dr. Afroz Ahmad (Expert Member)