Green belt encroachments: Joint panel submits 2 contrary reports

Ludhiana: In a new twist in the ongoing case of alleged encroachments over green belts by a school, club and Ludhiana municipal corporation, members of a joint committee formed by the National Green Tribunal (NGT) have submitted two different reports which are contrary in nature. While officials of the ministry of environment, forests and climate change (MoEF&CC) termed two locations as green belts, blaming the MC for lack of maintenance, another report submitted by other members of the committee has found nothing wrong at the sites, describing them as right of way to the school and club.
Meanwhile, the National Green Tribunal (NGT) has directed the Ludhiana deputy commissioner, MC commissioner and chairman of Ludhiana Improvement Trust (LIT) to physically appear at the next hearing to assist the tribunal in just and proper adjudication of the matter.
On December 20, 2022, the NGT had asked the joint committee to submit the report within 15 days. On January 4, the officials from the ministry of environment, forests and climate change visited the city again to check the actual and factual position of both the locations in BRS Nagar and old GT Road from Jagraon bridge to Sherpur chowk. The petitioners in the case Kapil Arora and Kulwant Singh Rai from Council of Engineers were also asked to accompany them to explain the issues. Afterwards, the officials of MoEF&CC prepared their report and submitted directly to the NGT, mentioning that both the locations were green belts and MC has failed to maintain the same.
But on January 8, other members of the joint committee, including deputy commissioner, municipal commissioner as well as Punjab Pollution Control Board (PPCB), too submitted a report to the NGT. In this report, it was mentioned that the committee deliberated upon the recent changes made in unified zoning regulation and development control which have been notified under the Punjab Regional and Town Planning and Development Act, 1995, wide notification issued on October 18, 2018. Subsequently, this notification deemed to adjust change of land use which have been already been permitted by competent authorities/government before the final notification of master plan.
In the given case, the school and club were part of the scheme namely Bhai Randhir Singh Nagar (550 acre) which was approved by the government on December 6, 1976. Further old GT road was handed over to Ludhiana municipal corporation in 1995, and these parking sites were developed in 1999. The committee understood that even though sites are not in compliance of master plan, they are adjusted as per notification/regulation notified by the government at various point of time.
Therefore the committee came out with the finding that the area along both sides of the road, adjoining the club and school in BRS Nagar is part of the right of way (ROW) which was notified in 1976 by LIT in its notification. Hence, the committee is of opinion that this is not a green belt as claimed by applicant.
Secondly the area along both sides of the old GT Road is part of the right of way which was handed over to MCL in 1995 and since then it is maintained by MCL. Hence, the committee is of opinion that this is not a green belt as claimed by applicant, the report said.
With respect to construction of library building in green belt/park near Manju cinema, it is to be noted that a case is pending in Punjab and Haryana high court. Hence, no action can be proposed by committee at this stage, the report said.
The tribunal had directed the respondents to appear on January 9, but nobody appeared. Now, the NGT has directed the DC, MC commissioner and LIT chairman to appear physically before the bench on the next date of hearing on March 28.
Meanwhile, complainant Kapil Arora said the report prepared by DC, MC chief and PPCB is baseless as they have talked about right of way to school and club, which already have a legal entry from the other side. Further, if both the institutes have legal entry from green belts, then where is approved building plan in which such entry through green belt has been allowed. Further MCL has itself developed the green belt along this road into a children park. He said they will argue against this report on next date of hearing.