Narender Bhardwaj vs M/S 108 Super Complex R.W.A on 11 March, 2026

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    Supreme Court – Daily Orders

    Narender Bhardwaj vs M/S 108 Super Complex R.W.A on 11 March, 2026

    Author: Pamidighantam Sri Narasimha

    Bench: Pamidighantam Sri Narasimha

                                                                    1
    
                                                   IN THE SUPREME COURT OF INDIA
                                                    CIVIL APPELLATE JURISDICTION
    
                                                   CIVIL APPEAL NO. 5921 OF 2022
    
                             NARENDER BHARDWAJ                                                  Appellant(s)
    
                                                                 VERSUS
    
                             M/S 108 SUPER COMPLEX R.W.A. & ORS.                                Respondent(s)
    
                                                                 WITH
    
                                                   CIVIL APPEAL NO. 9082 OF 2022
    
                                                             O R D E R
    

    1. These appeals are directed against the Judgment

    and order dated 26.07.2022 passed by the National

    SPONSORED

    Green Tribunal, Principal Bench at New Delhi in

    Original Application No. 419 of 2021, by which the

    Tribunal has directed the District Magistrate,

    Ghaziabad and Municipal Corporation, Ghaziabad to

    remove the construction of a temple and associated

    structure allegedly raised on the land shown as open

    space/Park in Sector – 16A, Vasundhara, District

    Ghaziabad.

    2. Facts giving rise to filing of these appeals in a

    nutshell are that Respondent No.1 filed an application

    under Section 14 of the National Green Tribunal Act,

    2010 (in short ‘the Act’) alleging encroachment and
    Signature Not Verified

    illegal construction of a temple on an area earmarked
    Digitally signed by
    Jayant Kumar Arora
    Date: 2026.03.16
    18:18:54 IST
    Reason:

    for park. The Respondent No.1 sought removal of

    structure along with other consequential directions.
    2

    3. The Appellant filed a reply in which it was

    pleaded that even in the Revised Layout Plan dated

    14.07.2004 prepared by Uttar Pradesh Housing Board,

    the temple has been shown to be in existence. It was

    denied that the temple either has been constructed on

    an open land/park or that any area has been encroached

    upon.

    4. The Tribunal by an order dated 26.07.2002, inter

    alia, constituted a Joint Committee comprising all

    officials of District Administration and other

    authorities, which inspected the site and submitted

    its report. On the basis of the aforesaid Report, the

    Tribunal concluded that the temple is constructed on

    an open space and the construction was raised sometime

    in the year 2016. The Tribunal, accordingly, directed

    removal of the temple and the allied structure. In the

    aforesaid factual background, these appeals have been

    filed.

    5. Learned counsel for the appellant submitted that

    the order constituting the Committee was passed

    without issuing any notice to the Appellant. It is

    also contended that under Section 14 of the Act, the

    Tribunal has no jurisdiction to pass an order

    directing removal of an encroachment and, therefore,

    the impugned order is per se without jurisdiction.
    3

    6. On the other hand, the learned counsel for

    Respondent No.1 submitted that the temple has been

    constructed on the land on an area which is earmarked

    for the purpose of a park. Our attention has also been

    invited to the counter affidavit filed by the official

    Respondents wherein it is pleaded that temple has been

    constructed on an open land earmarked for the purpose

    of a park. It is submitted that no interference with

    the order passed by the Tribunal is called for in

    these appeals.

    7. We have considered the submissions made by both

    the sides. Section 14 of the Act reads as under :-

    “14. Tribunal to settle disputes –

    (1)The Tribunal shall have the
    jurisdiction over all civil cases where
    a substantial question relating to
    environment (including enforcement of
    any legal right relating to
    environment), is involved and such
    question arises out of the
    implementation of the enactments
    specified in Schedule I.

    (2) The Tribunal shall hear the disputes
    arising from the questions referred to
    in sub-section (1) and settle such
    disputes and pass order thereon.

    (3) No application for adjudication of
    dispute under this section shall be
    entertained by the Tribunal unless it is
    made within a period of six months from
    the date on which the cause of action
    for such dispute first arose:

    Provided that the Tribunal may, if it is
    satisfied that the applicant was
    prevented by sufficient cause from
    filing the application within the said
    period, allow it to be filed within a
    4

    further period not exceeding sixty
    days.”

    8. The jurisdictional fact necessary for invocation

    of the provisions of the Act is that there must be

    existence of a substantial question of law relating to

    environment. The substantial question of law has

    actually been defined in the Statute under Section

    2(m) of the Act, which is extracted as under :-

    “(m) “substantial question relating to
    environment’ shall include an instance
    where,

    (i) there is a direct violation of a
    specific statutory environmental
    obligation by a person by which,

    (A) the community at large other than an
    individual or group of individuals is
    affected or likely to be affected by the
    environmental consequences; or

    (B) the gravity of damage to the
    environment or property is substantial;

    or

    (C) the damage to public health is
    broadly measurable;

    (ii) the environmental consequences
    relate to a specific activity or a point
    source of pollution”

    9. Further, the substantial question of law is

    integrally connected to the Statute specified in

    Scheduled I, which is extracted as under :-

    “Schedule I of the National Green
    Tribunal, 2010 lists 7 central
    environmental laws that define the
    tribunal’s jurisdiction over civil cases
    involving substantial environmental
    questions. These acts are crucial for the
    enforcement of environmental legal rights
    5

    and granting compensation for damage.
    The 7 acts included in Schedule I are:

    The Water (Prevention and Control
    of Pollution) Act, 1974

    The Water (Prevention and Control
    of Pollution) Cess Act, 1977

    The Forest (Conservation) Act, 1980
    The Air (Prevention and Control of
    Pollution) Act, 1981

    The Environment (Protection) Act,
    1986

    The Public Liability Insurance Act,
    1991

    The Biological Diversity Act, 2002

    10. Thus, under Section 14, the National Green

    Tribunal has jurisdiction in a case which involves a

    substantial question of law relating to environment in

    respect of statutes specified in Schedule I. In the

    instant case, the Respondent No.1 had invoked the

    jurisdiction of the Tribunal for removal of an alleged

    encroachment which according to it, was raised in

    violation of the Municipal Laws and the provisions of

    the Town Planning Act. Thus, the conditions precedent

    for empowering the Tribunal to exercise the

    jurisdiction under Section 14 of the Act were not

    fulfilled. The Tribunal, therefore, had no

    jurisdiction to direct removal of an alleged

    encroachment and alleged illegal construction which

    according to Respondent No.1 was raised in violation

    of the laws not specified in Schedule I to the Act.

    The impugned order passed by the Tribunal is,

    therefore, without jurisdiction. It is accordingly
    6

    quashed and set aside.

    11. However, liberty is reserved to the Residents

    Welfare Association [RWA] to approach the competent

    authority seeking redressal of its grievance. Needless

    to state that no action shall be taken against the

    Appellants without issuing notice to them and the

    affected parties.

    12. The appeals are, accordingly, disposed of.

    13. Pending interlocutory application(s), if any,

    is/are disposed of.

    ……………………………………………………………………….J.
    [PAMIDIGHANTAM SRI NARASIMHA]

    ……………………………………………………………………J.
    [ALOK ARADHE]
    NEW DELHI;

    MARCH 11, 2026.

                                        7
    
    ITEM NO.25                COURT NO.6                    SECTION XVII
    
                   S U P R E M E C O U R T O F       I N D I A
                           RECORD OF PROCEEDINGS
    
    

    Civil Appeal No(s). 5921/2022

    NARENDER BHARDWAJ Appellant(s)

    VERSUS

    M/S 108 SUPER COMPLEX R.W.A. & ORS. Respondent(s)

    IA No. 126747/2022 – EX-PARTE STAY
    IA No. 198673/2022 – EXEMPTION FROM FILING O.T.
    IA No. 126748/2022 – PERMISSION TO FILE ADDITIONAL
    DOCUMENTS/FACTS/ANNEXURES

    WITH

    C.A. No. 9082/2022 (XVII)

    Date : 11-03-2026 These matters were called on for hearing today.

    CORAM : HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
    HON’BLE MR. JUSTICE ALOK ARADHE

    For Appellant(s) : Mr. Vishnu Shankar Jain, Adv.

    Mr. Mani Munjal, Adv.

    Ms. Marbiang Khongwir, Adv.

    Mr. Parth Yadav, Adv.

    Mr. Saurabh Singh, Adv.

    Mr. Umesh Dubey, Adv.

    Ms. Madhulika, Adv.

    Mr. Anand Kumar Rai, Adv.

    Mr. Radeesh Kumar Mt, Adv.

    Mr. Amulya Dev Mishra, Adv.

    Mr. Manoj K. Mishra, AOR

    Mr. Vishnu Jain, Adv.

    Ms. Divya Jyoti Singh, AOR
    Ms. Mani Munjal, Adv.

    Ms. Marbiang Khongwir, Adv.

    Mr. Parth Yadav, Adv.

    Mr. Saurabh Singh, Adv.

    For Respondent(s) : Mr. Krishna Kumar, Adv.

    Ms. Nandani Gupta, Adv.

    Dr. Mrs. Vipin Gupta, AOR

    Mr. Dhaval Mehrotra, AOR
    Ms. Aditi Desai, Adv.

    8

    Mr. Pradeep Misra, AOR
    Mr. Daleep Dhyani, Adv.

    Mr. Anupam Misra, Adv.

    Mr. Suraj Singh, Adv.

    Mr. Abhishek Kumar Singh, AOR
    Mr. Malak Manish Bhatt, AOR
    Mr. Avijit Roy, AOR

    Mr. Siddhartha Sinha, AOR

    UPON hearing the counsel the Court made the following
    O R D E R

    1. The appeals are disposed of in terms of the signed order.

    2. Pending interlocutory application(s), if any, is/are disposed

    of.

    (JAYANT KUMAR ARORA) (NIDHI WASON)
    ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

    (Signed order is placed on the file)



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