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‘There can’t be a building’: HC refuses to interfere with NGT order directing restoration of Ludhiana park to its original form

The Punjab and Haryana High Court said the NGT had already examined the question of how the library structure on the Ludhiana park’s premises affected its green area.

3 min readChandigarhNov 29, 2025 01:42 PM IST

‘There can’t be a building’: HC refuses to interfere with NGT order directing restoration of Ludhiana park to its original form

The counsel for the civic body maintained that Article 226 powers could be invoked because the NGT order was “illegal” and that the tribunal had no jurisdiction to examine master plan violations.

The Punjab and Haryana High Court on Saturday declined to interfere with a National Green Tribunal (NGT) order directing the restoration of a Ludhiana park to its original form, a move that would require the demolition of a public library built inside its green area.

Hearing the Ludhiana Municipal Corporation’s petition, the division bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry repeatedly asked why the civic body had approached the high court instead of availing its statutory remedy of appeal before the Supreme Court under Section 22 of the NGT Act.

During the exchange, the civic body’s counsel argued that the NGT had exceeded its jurisdiction because “no harm to the environment was caused” when the library was constructed. He submitted that only 7.6 per cent of the park’s area had been used, no trees were cut, and the building served “the whole of society.”

He also pointed to a 2021 state notification that permits up to 15 per cent of a park’s area to be used as “hard surface” under PPP models for facilities such as kiosks and ticketing counters, contending that a library could also fall within this permissible limit.

‘You have restricted the park area’

The bench was unmoved. “You have restricted the park area,” Chief Justice Nagu observed, adding that the question of how the structure affected the green area had already been examined by the NGT. When counsel insisted that the tribunal had looked only at the master plan and not environmental impact, he responded: “Master plan provides for reserving a particular area as green patch. That itself touches the environmental issue.”

The judges repeatedly pressed the civic body to explain “the small window” under which the high court could reopen factual findings already recorded by a specialised tribunal. At one point, CJ Nagu asked: “How do you expect us to go against this finding? It is a factual finding.”

‘Why are you before this court?’

The counsel for the civic body maintained that Article 226 powers could be invoked because the NGT order was “illegal” and that the tribunal had no jurisdiction to examine master plan violations. But the bench noted that the first NGT order dated October 4, 2024, followed by a subsequent order in March 2025, had already directed restoration of the park and that execution proceedings were now pending. “Why are you before this Court? Either challenge it or file an appeal before the apex court,” CJ Nagu said.

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The bench also questioned the reliance on the state’s 15 per cent ‘hard surface’ policy, noting that it covers kiosks, pathways, and ticketing facilities but is silent on the construction of buildings such as libraries. “There cannot be a building in the park,” the CJ remarked.

After a prolonged hearing, the bench dictated its order in open court, holding that once the NGT had adjudicated the factual matrix — including whether the library violated Ludhiana’s master plan and restricted the park area — it would “not be proper” for the high court to revisit those findings in judicial review.

The court declined to entertain the petition, observing that the municipal corporation was free to seek remedies under Section 22 of the NGT Act before the Supreme Court or to approach the NGT in the execution proceedings.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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