Pranav B Prem

In a significant order condemning the misuse of religious sentiment to justify illegal encroachments, the National Green Tribunal (NGT), Principal Bench at New Delhi, has issued show cause notices to top Punjab officials for allowing unauthorized religious constructions on designated greenbelt land in violation of judicial directives.

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The Division Bench comprising Justice Arun Kumar Tyagi (Judicial Member) and Dr. Afroz Ahmad (Expert Member) passed the order in a matter arising from a complaint by Er. Shivcharanjit Singh regarding the illegal cutting of trees and unauthorized construction of a religious structure on greenbelt land across plots 1 and 22 in Park No. 10 of Omaxe City, Bathinda. The applicant’s letter dated 09.09.2023 to Omaxe Build Home Ltd. was treated as an Original Application by the Tribunal.

Despite a status quo order issued on 16.09.2023 by the Civil Judge, Junior Division, Bathinda, restraining any change to the nature of the greenbelt land, the unauthorized construction of a Gurudwara Sahib continued. This led the NGT, by its order dated 02.07.2024, to constitute a Joint Committee including the Deputy Commissioner, Divisional Forest Officer, Punjab Pollution Control Board (PPCB), and the Bathinda Development Authority (BDA). The Committee was directed to inspect the site, gather records, and take remedial or punitive action if violations were found.

The report submitted on 24.09.2024 revealed that unauthorized construction had indeed been raised over 11,310 square feet of the park area, in violation of the approved layout plan. The BDA acknowledged that action had only proceeded to the extent of issuing show cause notices. Meanwhile, PPCB directed the project promoter, M/s Omaxe Buildhome Pvt. Ltd., to pay an interim environmental compensation of ₹25 lakh for undertaking construction activities without proper consent under the Water and Air Acts.

Crucially, the Tribunal observed that the greenbelt remained under the control of the promoter due to the absence of a completion certificate and that the promoter had attempted to justify the illegal construction by proposing a revised layout plan incorporating the religious structures while maintaining surplus green space. However, the NGT firmly rejected this proposal, emphasizing that the Supreme Court’s binding directions prohibit any unauthorized religious construction on public land, and no regularization was permissible under law.

The Tribunal cited the landmark judgments Bangalore Medical Trust v. B.S. Muddappa (1991) 4 SCC 54 and Virender Gaur v. State of Haryana (1995) 2 SCC 577 to underscore that parks and open spaces are vital public assets — the “lungs” of residential areas — and must be preserved in the public interest. The NGT stressed that “no person, natural or juristic, of whatever rank or profile, can be allowed to occupy public parks/open spaces for their personal or commercial use or for religious or any other kind of activity.” The Right to Life under Article 21 of the Constitution, it held, includes the right to a clean and healthy environment.

Rebuking the misuse of religious sentiment for illegal occupation, the NGT asserted, “None of the religious faiths provides any shield to such illegal activities.” It emphasized that structures illegally raised on public land in the name of religion must be demolished unhesitatingly and cannot be accorded any protection or legitimacy based solely on their religious character.

Finding willful non-compliance with both its own directions and the injunction of the civil court, the NGT issued show cause notices to the State of Punjab (Secretary, Department of Science, Technology and Environment), the District Magistrate, Bathinda, and the Chief Administrator of the Bathinda Development Authority. They have been asked to explain why they should not be prosecuted under Section 26 of the National Green Tribunal Act, 2010 and arrested or detained in civil prison until the orders are executed.

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The Tribunal has directed these authorities to file their responses and compliance reports at least one week before the next date of hearing, which is listed for 22.07.2025. The District Magistrate and Chief Administrator of BDA have also been directed to appear personally before the Tribunal.

Appearance

Respondents: Mr. Siddhant Sharma, Advocate for respondents no. 1 & 3. Mr. Bhanwar Pal Singh Jadon, Mr. Harsh Vardhan Singh Rajawat, Ms. Gargi Chaturvedi and Ms. Anjali Sharma, Advocates for respondent no. 2. Mr. Shubham Bhalla and Ms. Neha Verma, Advocates for respondent no. 4. Mr. Baljinder Singh, District Town Planner Bathinda for respondent no. 5 (through VC). Mr. Anchit Singla, Advocate for respondent no. 6. Mr. Karanjot Singh, Advocate for respondent no. 7. 

Cause Title: Er Shivcharanjit Singh V. State of Punjab & Ors.

Case No: Misc Application in Disposed of Cases No. 16/2025 In Original Application No. 394/2024

Coram: Hon’ble Mr. Justice Arun Kumar Tyagi [Judicial Member], Hon’ble Dr. Afroz Ahmad [Expert Member]

[Read/Download order]