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Pong Dam encroachments: NGT disposes plea, asks applicant to approach Himachal High Court
The order was passed by the Principal Bench of the tribunal in Delhi, comprising Justice Prakash Shrivastava, Chairperson, and Afroz Ahmad, expert member.
Reference was made to an HC order dated January 7, 2026, indicating that the matter is being substantively examined at the constitutional court level.
The National Green Tribunal (NGT) on Thursday disposed of a petition alleging illegal activities and encroachments in the Pong Dam Lake Wildlife Sanctuary and its associated wetland area, noticing that the issue is already under consideration before the High Court of Himachal Pradesh. The order was passed by the Principal Bench of the tribunal in Delhi, comprising Justice Prakash Shrivastava, Chairperson, and Afroz Ahmad, expert member.
The applicant Milkhi Ram Sharma of Kangra district raised concerns over the alleged encroachments and unlawful activities affecting the wetland and wildlife sanctuary in Himachal Pradesh. However, during the hearing, it was brought to the tribunal’s notice that the issue is already before the Himachal HC in an ongoing public interest litigation (PIL).
Reference was made to an HC order dated January 7, 2026, indicating that the matter is being substantively examined at the constitutional court level. It was also submitted that the applicant had earlier approached the tribunal following directions of the HC, but the issue has since been taken up directly by the court itself.
Taking note of the legal position, the NGT also relied on a judgment of the Supreme Court in State of Himachal Pradesh vs Yogendra Mohan Sengupta (January 11, 2024), which clarifies that once a constitutional court is seized of a matter, parallel proceedings before tribunals should not continue to maintain judicial propriety.
In view of this, the tribunal disposed of the original application, allowing the applicant to seek appropriate remedies before the High Court. All pending interlocutory applications in the matter were also disposed of.
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