The Supreme Court of India has clarified that the National Green Tribunal (NGT) does not have the authority to order the removal of encroachments constructed in violation of municipal laws. A bench comprising Justices P.S. Narasimha and Alok Aradhe overturned the NGT’s decision that directed the demolition of a temple built on land designated as an open space/park in Sector 16A, Vasundhara, District Ghaziabad.
NGT Encroachment Municipal Laws: Jurisdiction Limits Under Section 14
The Supreme Court noted that the NGT had acted beyond its powers under Section 14 of the National Green Tribunal Act, 2010, which allows the Tribunal to adjudicate matters involving substantial questions of law relating to the environment under statutes listed in Schedule I, such as the Air Act, Water Act, Forest Act, and Environment Protection Act.
The bench held that removal of an unauthorized structure on open land falls exclusively under municipal and town planning laws, and does not raise any environmental question as contemplated under the NGT Act. Consequently, the Court determined that the NGT erred in directing the demolition of the temple.
Supreme Court Sets Aside NGT Demolition Order on Municipal Land
The Court stated:
“Under Section 14, the National Green Tribunal has jurisdiction only in matters involving substantial questions of law concerning the environment as per the statutes specified in Schedule I. In the present case, Respondent No.1 invoked the Tribunal’s jurisdiction seeking removal of an alleged encroachment, which they claimed violated Municipal Laws and the Town Planning Act. These conditions do not satisfy the pre-requisites under Section 14. Therefore, the Tribunal had no jurisdiction to order removal of the alleged illegal construction. The impugned order is without jurisdiction and is hereby quashed and set aside.”
Relief for Residents and Appellants in NGT Encroachment Case
The Supreme Court disposed of the appeal while granting the Respondent Residents Welfare Association (RWA) the liberty to approach the competent municipal authority for redress. Additionally, the Court directed the State authorities not to take any action against the Appellants without issuing proper notice to them and to other affected parties.
Case Title: Narender Bhardwaj v. M/s 108 Super Complex R.W.A. & Ors.
Citation: 2026 INSC 249
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