NGT closes Pong Dam encroachment case, says matter before Himachal High Court
Shimla/ New Delhi, March 19,
The National Green Tribunal has disposed of an application concerning alleged illegal activities and encroachments in the Pong Dam Lake Wildlife Sanctuary and associated wetland area in Himachal Pradesh, observing that the issue is already under consideration before the Himachal Pradesh High Court.
The matter, titled Milkhi Ram Sharma vs. Ministry of Environment, Forest and Climate Change & Ors., was heard by the Principal Bench of the NGT, New Delhi, comprising Justice Prakash Shrivastava, Chairperson, and Dr. Afroz Ahmad, Expert Member.
According to the Tribunal proceedings, the case related to allegations of illegal activities and encroachments in the ecologically sensitive Pong Dam Lake Wildlife Sanctuary and adjoining wetland area. During the hearing, it was brought to the Tribunal’s notice that the same issue is presently being examined by the Himachal Pradesh High Court in a pending public interest litigation. Reference was also made to the High Court’s order dated January 7, 2026. (Pong Dam encroachment case)
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It was further submitted before the Tribunal that the applicant had earlier approached the NGT pursuant to directions issued by the High Court. However, as the matter is now actively being dealt with by the High Court, the Tribunal was told that the appropriate forum for further proceedings lies there.
The NGT also took note of the Supreme Court judgment in State of Himachal Pradesh & Ors. vs. Yogendra Mohan Sengupta & Anr., dated January 11, 2024, which clarifies that once a constitutional court is seized of a matter, parallel proceedings before the Tribunal should not continue in view of principles of judicial propriety.
In view of this legal position, the Tribunal disposed of the original application while granting liberty to the applicant to pursue appropriate remedies before the Himachal Pradesh High Court in the pending matter. All pending interlocutory applications were also disposed of. (Pong Dam encroachment case)
The order effectively means that any further judicial consideration of the allegations surrounding encroachments and illegal activities in the Pong Dam sanctuary and wetland area will now continue before the High Court.
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