E-Paper
Former Mohali MC chief to face trial for failing to obey NGT order
Kamal Kumar Garg, who remained Mohali’s municipal commissioner from December 2019 to May 2022, to face trial under Section 26 of the NGT Act that entails up to three years in jail or up to ₹10-crore fine
A Mohali court has summoned former Mohali municipal commissioner Kamal Kumar Garg to face trial for failing to take steps on tree protection as directed by the National Green Tribunal (NGT) in 2019.
The court of judicial magistrate Jagjit Singh has summoned Garg on November 29 on the complaint of Mohali-based Environment Protection Society.
In November 2019, NGT had disposed of a complaint by the society and directed the municipal authorities in Mohali to take various steps for protection of trees.
However, MC failed to take the required steps, following which the society moved court, seeking action against Garg, who remained the municipal commissioner from December 2019 to May 2022, for not complying with the NGT orders.
“..from the contents of the complaint and the documents produced on record by the complainant as mentioned above, there are sufficient grounds to proceed against the accused, Kamal Kumar Garg, for the offence under Section 26 of the National Green Tribunal Act, 2010,” the court said, while summoning the former commissioner to face trial.
Under Section 26 of the NGT Act, whoever fails to comply with any order/award/decision of the tribunal will be punishable with jail up to three years or fine up to ₹10 crore or both. In case, the failure or contravention continues, additional fine can be imposed.
MC chief completely failed to protect trees: Society
While approaching the court in February this year, the society, through its president HS Minhas, a retired chief engineer from the Punjab irrigation department, had accused Garg of completely failing to protect trees.
Minhas had submitted that NGT had ordered the MC authorities to take every prohibitive measure to protect the trees and prevent their defacement in any manner.
NGT had ordered that concrete/bitumen/paver blocks within one metre from the skin of the trees be removed immediately to protect their root system and due care be taken that no construction/concreting/repairing work is done within one metre.
It was ordered that new saplings be planted in spots where trees have died and enumeration of trees be carried out every year. NGT had also observed that senior MC officers will be personally responsible for carrying out its orders.
The complaint further contended that in the case of Mohali, there had been widespread cutting and killing of trees with impunity. The commissioner completely failed to protect the environment, resulting in cruelty towards trees and irreparable damage to society. The damage to trees had left a permanent wound on the environment, it added.
When contacted, Garg said he was not aware of any summons and he had already been transferred from the post of Mohali municipal commissioner five months ago.
What the NGT ordered in 2019
Removal of concrete/bitumen/paver blocks within one metre of trees without damaging their roots
No construction/concreting/repairing work within one metre radius of trees
Measures to prevent defacement of trees in any manner
Immediate removal of all signboards, advertisements and cables
Replacement of trees that died due to the concretisation
Maintenance of enumeration register of existing trees that should be updated annually
Senior municipal officers will be personally responsible for carrying out the order.
