NGT Cannot Direct Removal of Encroachments Violating Municipal Laws

Source: Supreme Court

Why in News?

A bench of Justices PS Narasimha and Alok Aradhe of the Supreme Court of India, in Narender Bhardwaj v. M/S 108 Super Complex R.W.A. & Others (2026), set aside an order of the National Green Tribunal (New Delhi) that had directed the removal of a temple allegedly constructed illegally on land designated as open space/park in Sector – 16A, Vasundhara, District Ghaziabad. 

• The Court held that the NGT's jurisdiction under Section 14 of the NGT Act, 2010 is confined to substantial questions of law relating to the environment under statutes enumerated in Schedule I, and that disputes involving unauthorized construction in violation of municipal or town planning laws fall entirely outside this jurisdiction.

What was the Background of Narender Bhardwaj v. M/S 108 Super Complex R.W.A. & Ors. (2026)? 

• A Residents Welfare Association (RWA) approached the National Green Tribunal seeking removal of a temple allegedly constructed on land earmarked as open space/park in Sector – 16A, Vasundhara, District Ghaziabad. 
• The RWA contended that the construction was unauthorized and raised in violation of Municipal Laws and the provisions of the Town Planning Act. 
• The NGT, New Delhi, accepted the plea and passed an order directing the removal of the alleged unauthorized structure. 
• Aggrieved by this order, the appellant — Narender Bhardwaj — challenged the NGT's order before the Supreme Court of India.

What were the Court's Observations? 

• On the Scope of Section 14 of the NGT Act: The Court clarified that Section 14 of the National Green Tribunal Act, 2010 empowers the Tribunal to adjudicate only upon substantial questions of law relating to the environment, and only in respect of statutes specifically enumerated in Schedule I — namely the Air Act, Water Act, Forest Act, Environment Protection Act, and other cognate legislations. The jurisdiction of the NGT is not at large; it is strictly circumscribed by this statutory framework. 
• On the Nature of the Dispute: The Court found that the grievance raised by the RWA pertained to the removal of an unauthorized construction allegedly raised in violation of Municipal Laws and the Town Planning Act — neither of which finds mention in Schedule I of the NGT Act. The issue, therefore, was essentially one of municipal law and urban planning, not environmental law. The Court held that such a dispute does not give rise to any substantial question of law relating to the environment within the meaning of the Act. 
• On the NGT's Exercise of Jurisdiction: The Court held that the conditions precedent for invoking the Tribunal's jurisdiction under Section 14 were simply not fulfilled in the present case. Accordingly, the NGT's order directing the removal of the structure was found to be without jurisdiction and was quashed and set aside. 
• On Relief to the RWA: While setting aside the impugned order, the Court preserved the liberty of the RWA to approach the competent authority under the applicable municipal or town planning framework for appropriate redressal of its grievance. 
• On Protection of the Appellants: The Court directed the State not to take any coercive action against the appellants without first issuing notice to them and the affected parties.

What is the National Green Tribunal (NGT)? 

Setup & Background: 

• Established under the NGT Act, 2010 for expeditious disposal of environmental cases. 
• India was the 3rd country globally (after Australia & New Zealand) and 1st developing country to set up a specialised environmental tribunal. 
• Must dispose of cases within 6 months of filing. 

Structure: 

• Comprises Chairperson, Judicial Members, and Expert Members. 
• Term: 3 years or till age 65, whichever is earlier; no reappointment. 
• Strength: minimum 10, maximum 20 full-time members. 
• 5 benches — Principal at New Delhi; others at Bhopal, Pune, Kolkata, Chennai. 

Powers & Jurisdiction: 

• Covers all civil cases involving substantial environmental questions. 
• Has suo motu powers (confirmed by Supreme Court in 2021). 
• Not bound by CPC or Indian Evidence Act; guided by natural justice. 
• Applies polluter pays, precautionary, and sustainable development principles. 
• Orders executable as civil court decrees; appeal lies to Supreme Court within 90 days. 

Penalties: 

• Imprisonment up to 3 years, fine up to ₹10 crore, or both. 

Key Laws Covered (Schedule I) 

• 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. 

Any violation pertaining to these laws or any decision taken by the Government under these laws can be challenged before the NGT. 

Strengths: 

• Reduces burden on higher courts. 
• Faster, cheaper, less formal than regular courts. 
• Independent adjudication due to no-reappointment rule. 
• Strengthens Environmental Impact Assessment compliance.