Narender Bhardwaj Vs 108 Super Complex R.W.A. & Ors. (Supreme Court of India)
The appeals arose from a judgment dated 26.07.2022 passed by the National Green Tribunal (NGT), Principal Bench, New Delhi, in Original Application No. 419 of 2021. The Tribunal had directed the District Magistrate, Ghaziabad and the Municipal Corporation, Ghaziabad to remove a temple and associated structures allegedly constructed on land earmarked as open space/park in Sector–16A, Vasundhara, District Ghaziabad.
The matter originated from an application filed by a Residents Welfare Association under Section 14 of the National Green Tribunal Act, 2010. The applicant alleged that a temple had been illegally constructed by encroaching upon land designated for a park. It sought removal of the structure along with consequential directions.
In response, the appellant contended that the temple was already shown as existing in the Revised Layout Plan dated 14.07.2004 prepared by the Uttar Pradesh Housing Board. It denied that the construction was on park land or that any encroachment had occurred.
The Tribunal constituted a Joint Committee comprising officials of the district administration and other authorities to inspect the site. Based on the Committee’s report, the Tribunal concluded that the temple had been constructed on open space earmarked for a park and that the construction took place around 2016. Accordingly, it ordered removal of the temple and related structures.
