National Green Tribunal
Laxmi vs Ministry Of Environment Forests & ... on 20 August, 2024
Item No.01 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Physical Hearing with Hybrid VC Option)
Original Application No.525/2022
(I.A No.185/2022, I.A No. 57/2023 and I.A No. 635/2023)
Laxmi
...Applicant
Versus
Ministry of Environment, Forests &
Climate Change & Others
...Respondents
Date of last hearing: 12.03.2024 Date of Order: 20.08.2024 PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER Applicant: None for the applicant.
Respondents: Ms. Jyoti Mendiratta, Advocate for Respondent no. 2- GNCT of Delhi, Respondent No. 3-DCF and Respondent no. 6-Commissioner of Police, Delhi. (through VC).Mr. Sanwar Raza, Advocate for Respondent No. 7
(through VC).
Mr. Sanjeev Kumar, Patwari, Mr. Tajuddin, DRO, Mr. Sumit Kumar, F. CR and Mr. Pawan Kumar, Forester.
Application Under Sections 14 and 15 of the National Green Tribunal Act, 2010.
Order O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.2
1. The applicant, claiming herself to be an environmentalist working for protection and preservation of the environment, has filed the present application under Sections 14 and 15 of the National Green Tribunal Act, 2010 for directions to the respondents no. 1 to 6 to prevent the misuse of forest land and its destruction at the hands of respondent no.7- Hanslok Ashram and its followers.
2. The application had been filed on the averments that the land of Khasra Nos. 848(6-11), 963(2-08), 969(1-11), 725(19-11), 729(04-04), 730(02-02), 954(08- 08) and 961(07-13) situated at revenue estate of village Bhati, New Delhi is declared forest land and the use of the same is restricted only to the forestry purposes. In the past, though, the encroachments from the forest land were removed by carrying out the demolition drive against the encroachments but with the passage of time the forest land is again encroached upon by the violators in active connivance of the authorities concerned. The respondent no.7 is also having its Ashram as mentioned which has been constructed by partially encroaching upon the forest land. The respondent no.7 is scheduled to hold a huge gathering of its followers and believers on 26th & 27th July 2022, to celebrate the birth anniversary of its head and in this regard the advertisements and information are being circulated through social media and other means of publicity. For the purposes of stay of its followers and address by its head, huge tin sheets have been erected on the forest land by causing the great damage to the forest land and its fauna and flora. In the process of laying of the roads and creating of the public conveniences the green trees of the forest have been felled without any permission in connivance of the concerned authorities. Besides that, for making the provisions for water and other necessary things of public convenience Bore Well has been dug illegally without obtaining permission from the concerned authorities. The applicant has further O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.3
submitted that he made a detailed representation dated 11.07.2022 to the respondents and other authorities concerned but no action has been taken.
3. Vide order dated 22.07.2022, notices were ordered to be issued to Respondents No. 1 to 7.
4. Pursuant to notice reply/response has been filed by respondent no. 6 (Commissioner of Police, Delhi) and short affidavit has been filed by respondent no. 7-Chief Operating Officer Hansjyoti vide email dated 24.07.2022.
5. Respondent No. 6 (Commissioner of Police, Delhi) has submitted in the reply that Hans Lok Ashram wanted to organize a program on 26th & 27th July, 2022 in the Honour of Shri Bhole Ji Maharaj on his birth anniversary and permission of the same had been taken from Police Department as per procedure.
6. In her reply respondent no. 7 -Ritu Rana, Chief Operating Officer Hansjyoti has submitted that application appears to have been filed by the applicant, a disgruntled applicant, malafide at the behest of few local miscreants and few persons who were associated with the Hanslok Ashram but due to their nefarious activities their involvement in the functioning of the Hanslok Ashram was restricted and against whom Complaint dated 06.07.2022 was submitted to P.S. Maidangarhi. HANSJYOTI has been organizing this program since the last ten years. The alleged tin shed structure, which the applicant has stated to have been erected, was placed about 9 years back on the privately held land of M/s RGSB Estates Pvt. Ltd., M/s Ashon Estates Pvt. Ltd. and M/s RGD Estates Pvt. Ltd. with which the HCC has existing leasehold rights. HANSJYOTI has already informed the Forest Department that the O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.
4demarcation of the land on receipt of 'Tatima' from the concerned authorities shall be duly complied with by the landowners subject to any legal rights as available to respondent no.7. These companies are owners in possession of the lands referred to in the Petition. The Applicant has deliberately misled this Tribunal by suppressing the fact that the HCC and the companies are the owners in possession of the said land to the extent of their ownership. HCC or the companies as recorded in the Revenue Records, have not changed the nature and use of the land by converting it either into a commercial, agricultural, residential, or for sporting activities etc. The entire area of the temporary tin shed structure was erected about 10 years back. No tree has been cut or felled by the respondent no. 7 or any other associated entity that the respondent no. 7 works for. Respondent no.7 has planted more than 2000 trees in the Ashram.
7. In her reply respondent no.7 has made tabular statement in respect of the land in question by reproducing the following chart :
Khas Respondent Averment in Relief in ra Nos.7's the pleading prayer Nos. Stake and clause Stand 848 Respondent False averment Relief No. 7 has that Hanslok asked for nothing to do Ashram has with any part encroached the of this land. land.
963 M/s Ashson is Averment of Relief
owner in encroachment asked for
possession of
an area (2-8)
969 THF is owner Averment of Relief
in possession encroachment asked for
of an area (1-
11). This are
has nothing to
do with the
Ashram.
725 Respondent False averment Relief
No. 7 has that Hanslok asked for
nothing to do Ashram has
with any part encroached the
O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.
5
of this land. land.
729 Respondent False averment Relief
No. 7 has that Hanslok asked for
nothing to do Ashram has
with any part encroached the
of this land. land.
730 M/s RGSB is False averment Relief
owner in that Hanslok asked for
possession of Ashram has
an area (2-2). encroached the
This land is 2- land.
3 kms away
from the
Ashram.
954 M/s RGD is False averment Relief
owner in that Hanslok asked for
possession of Ashram has
an area (8-8) encroached the
land.
961 M/s RGSB is False averment Relief
owner in that Hanslok asked for
possession of Ashram has
an area (7-13) encroached the
land.
726/ No averment No claim of But relief
731/ encroachment asked for
756/
751
8. Respondent No.7 has also submitted that the photographs of the temporary tin shed and shelter @ Pgs. 35-36, 38 and 42 of the application are about 10 years old. These are old photographs showing certain land which has nothing to do with Ashram in order to mislead this Hon'ble Tribunal. That @ Pg. 37 of the Application, the wall is to protect the land from encroachment and protect the life of the person who can inhabit in that area. It is not to change the nature of the land.
That the tin shed partition as reflected at page 41 is not on the land about which allegations have been levelled against the Ashram for encroachment. In fact the Ashram has nothing to do with this standing partition/demarcation on the land. These photographs has been placed on record with malafide intention. That @ Pg. 39 it is another way to mislead this Hon'ble Tribunal. This land is located at a different place and not adjoining to the Ashram. That @Pg. 40 it is a 'Gaushala' O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.
6at the land owned by M/s. The Hans Foundation in the adjoining area. This structure is also temporary tin shed structure to protect the well- being of the cows who take shelters. The present Application is completely frivolous and is being used just to create trouble for the organizers of the cultural program which have been continuously being organized for the last 10 years on the privately owned and possessed lands without changing the nature and use of the land. In fact, the Ashram has been working for the betterment of the entire area and in that process the Ashram has established and operates, Plantation drives and in last 2 years (have already planted over 2000 trees), and is also engaged in Rain Water Harvesting, Organic farming, Wastage Management (dry leaves and twigs), Natural Pond for holding Rain water, Organic Compost (Khaad).
9. This Tribunal considered the matter on 25.07.2022, noticed the respective factual claims and observed in its order of even date as follows:-
"5. Learned Counsel for the applicant has filed copy of notice dated 14.07.2022 issued by SDM (Saket)/Convener, STF which is taken on record. Reply/response on behalf of Respondent no. 6 and Short affidavit on behalf of Respondent no. 7 have been filed which are taken on record.
6. We have heard the Learned Counsels for the parties present before us and we have gone through the material on record with their assistance.
7. The applicant has claimed the relief of issuance of direction to Respondents no. 1 to 6 to book and demolish all the illegal and unlawful constructions on the forest land comprising of Khasra Nos. 848(6-11), 963(2- 08), 969(1-11), 725(19-11), 726(12-04), 729(04-04), 730(02-02), 731(20-06), 954(08- 08) and 951(07-13) situated at revenue estate of village Bhati, New Delhi which is recorded in khasra girdawari (Annexure A-1 colly) to be under ownership and possession of forest department and filed an application for interim relief directing Respondents no. 1 to 6 not to grant permission to Respondent no. 7 to head any public gathering or organize any event in respect of birth anniversary of its head on 26th or 27th July, 2022 on the land owned and possessed by Forest Department.
O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.7
8. Learned Senior Counsel for Respondent no. 7 has referred to i.e. khasra girdawari (Annexure A-1 colly) attached with the application and chart at pages 7 and 8 forming part of short affidavit filed on behalf of Respondent no. 7 and has submitted that M/s Ashson is owner in possession of land measuring 2-8 out of land measuring 4-0 comprised in Khasra no. 963 min and in the revenue record i.e. khasra girdawari (Annexure A-1 colly) Hans Foundation Office at E-4 Asola is recorded to be owner in possession thereof; M/s The Hans Foundation is owner in possession of land measuring 1-0 comprised in Khasra no. 969 min and in the revenue record i.e. khasra girdawari (Annexure A- 1 colly) Hans Foundation Office at E-4 Asola is recorded to be owner in possession thereof; M/s R.G.S.B Estate Pvt. Ltd. is owner in possession of land measuring 1-17 comprised in Khasra no. 730 min and in the revenue record i.e. khasra girdawari (Annexure A-1 colly) R.G.S.B Estate Pvt. Ltd. Radha Swami Gate No. 6 is recorded to be owner in possession thereof; M/s R.D.G is owner in possession of land measuring 7-11 comprised in Khasra no. 954/2 min and in the revenue record i.e. khasra girdawari (Annexure A-1 colly) M/s R.D.G Estate is recorded to be owner in possession thereof; and M/s R.G.S.B Estate Pvt. Ltd. is owner and in possession of land measuring 2- 1 comprised in Khasra no. 961 min and in the revenue record i.e. khasra girdawari (Annexure A-1 colly) M/s R.G.S.B Estate is recorded to be owner and in possession thereof and Respondent no. 7 is organizing the function as mentioned in the invitation pamphlets/cards on the land of Hans Lok Ashram/Hans Foundation/Ashson/R.G.S.B Estate/ R.D.G Estate with the consent of the concerned. Learned Counsel for Respondent no. 7 has further stated that Respondent no. 7 has no concern with land comprised in khasra no. 848(6-11), 963 min(2-8), 969 min(1-11), 725(19-11), 729(4-4), 730 min(0-2), 954 min(8-8) and 961 min (7-13) situated at revenue estate of village Bhati, New Delhi which are recorded in the revenue record i.e. khasra girdawari (Annexure A-1) to be under ownership and possession of Forest Department and Respondent no. 7 will not encroach upon or misuse above said land belonging to the Forest Department.
9. Learned Senior Counsel for Respondent no. 7 has conceded that in the chart forming part of the Short Affidavit filed on behalf of Respondent no. 7 there are discrepancies as to the area owned and possessed by M/s Ashson/Hans Foundation/M/s R.D.G/ M/s R.G.S.B due to typographical mistakes and Learned Counsel for Respondent no. 7 seeks time to amend short affidavit to correct the particulars in the chart.
10. Learned Counsel for the applicant has referred to letter dated 18.07.2022 issued by Deputy Conservator of Forests, South Forest Division and Notice issued by SDM (Saket)/ Convener STF and seeks time to file Rejoinder and copies of relevant documents.
11. List for further consideration on 17.10.2022.
12. Rejoinder and documents be filed by the applicant and the application for amendment of Short Affidavit be filed by Respondent no. 7 by e-mail at [email protected] preferably in O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.8
the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF within one month.
13. The Deputy Conservator of Forests (South Forest Division) is directed to remain present before this Tribunal in person or through VC on the date fixed with the relevant record for assisting this Tribunal for proper adjudication of the questions involved in the case.
14. So far as the question of interim relief is concerned, Respondent no. 7 shall be bound by the statement made by learned Senior Counsel on its behalf as referred to above.
15. However, in view of the facts and circumstances of the case, we also consider it appropriate to direct Respondent No. 3- the Deputy Conservator of Forests, Shooting Range, Tugalkabad, New Delhi and Respondent no. 6- the Commissioner of Police, Police Head Quarter, ITO, Jai Singh Road New Delhi to take requisite steps for protection of the land owned by the Forest Department and take appropriate action, by following due process of law, against encroachment on any part of land comprised in khasra no. 848(6- 11), 963 min(2-8), 969 min(1-11), 725(19-11), 729(4-4), 730 min(0-2), 954 min(8-8) and 961 min (7-
13) situated at revenue estate of village Bhati, New Delhi recorded under ownership and possession of the Forest Department during organization of the function by Respondent no. 7.
16. It is clarified that nothing in this order shall prevent Respondent no. 7 from organizing any function in private land owned and possessed by Respondent no. 7 and other persons with consent of the concerned owners and permission from the concerned Authorities.
17. In the course of hearing, the parties have alleged that some petition has been filed before Hon'ble High Court of Delhi on which stay orders are also stated to have been passed by Hon'ble High Court of Delhi but neither of the contesting parties has submitted copy of the petition filed and orders passed by Hon'ble High Court of Delhi and it is not shown that the same relate to the identical cause of action and subject matter. By way of abundant caution we make it clear that nothing in this order shall affect operation of the stay order passed by the Hon'ble High Court of Delhi and operate in conflict thereof."
10. In pursuance to order of this Tribunal dated 25.07.2022, respondent no. 7 filed amended affidavit dated 14.10.2022 with amended chart which is reproduced hereunder:
Khas Respondent Averment in Relief in ra Nos.7's Stake the pleading prayer Nos. and Stand clause 848 Respondent No. 7 False averment Relief has nothing to do that Hanslok asked for O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.9
with any part of Ashram has
this land. encroached the
land.
963 M/s Ashson is Averment of Relief
owner in encroachment asked for
possession of an
area (2-0)
963 The Hans Averment of Relief
Foundation is encroachment asked for
owner in
possession of an
area (4-0). This
area has nothing to
do with Ashram
969 THF is owner in Averment of Relief
possession of an encroachment asked for
area (1-0). This has
nothing to do with
the Ashram.
725 Respondent No. 7 False averment Relief
has nothing to do that Hanslok asked for
with any part of Ashram has
this land. encroached the
land.
729 Respondent No. 7 False averment Relief
has nothing to do that Hanslok asked for
with any part of Ashram has
this land. encroached the
land.
730 M/s RGSB is False averment Relief
owner in that Hanslok asked for
possession of an Ashram has
area (1-17). This encroached the
land is 2-3 kms land.
away from the
Ashram.
954 M/s RDG is owner False averment Relief
in possession of an that Hanslok asked for
area (7-11) Ashram has
encroached the
land.
961 M/s RGSB is False averment Relief
owner in that Hanslok asked for
possession of an Ashram has
area (2-1) encroached the
land.
726/ No averment, these No claim of But relief
731/ Khasras do not encroachment asked for
756/ belong to
751 Respondent No. 7
11. Thereafter the matter was considered by this Tribunal on 17.10.2022 on which date this Tribunal noticed complete lack of interest and insensitivity to the issues involved in the present environmental O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.10
adjudication on the part of concerned administrative authorities and ordered as follows:-
"6. The Deputy Conservator of Forests, South has appeared through VC and we have interacted with him. The Deputy Conservator of Forests, South has stated that the matter of demarcation of the land in question is pending with the Revenue Authorities and Writ Petition regarding part of the land in question is also pending before the Hon'ble Delhi High Court. In the course of interaction Deputy Conservator of Forest, South has admitted that after filing of the present application he did not visit the land in question either at the time of or after celebration of the event in question and no specific report in respect of the land in question in reply to the application was submitted to him by any of his Subordinate Officer/Official.
7. We find that despite service of notice none had appeared on behalf of respondents no. 2, 3, 5 and 6 on the previous date and none has appeared on behalf of respondents no 2, 5 and 6 even today. Ms. Jyoti, Advocate has appeared on behalf of respondent no. 3 and seeks time to file reply/response on behalf of respondent No.3.
8. The Administrative Authorities are guardians of Public Properties and are, under the Doctrine of Public Trust, bound to protect the same against encroachments and to take preventive, prohibitive and remedial action regarding any environmental degradation caused/likely to be caused by its unauthorized/impermissible use. We are constrained to observe that the concerned Administrative Authorities have exhibited complete lack of interest and insensitivity to the issue involved in the present environmental adjudication which is not essentially adversarial in nature. The issue of removal of encroachments on forest land is stated to be pending for lack of updation of the revenue record and demarcation of the land in question.
9. The Deputy Commissioner (South) Delhi is directed to take requisite steps and issue appropriate directions to the concerned Revenue Officers/Officials for updation of the revenue record and demarcation of the land in question and get the same completed within six weeks and submit a report to this Tribunal in this regard by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF within two months.
10. Rejoinder and documents by the applicant, reply/response on behalf of respondent no. 3 and the application for amendment of Short Affidavit by Respondent no. 7 be filed by e-mail at [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF within two months.
11. List for further consideration on 08.02.2023.
12. In view of the facts and circumstance of the case, we also consider personal appearance of the Deputy Commissioner (South) Delhi and the Deputy Conservator of Forests, Shooting O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.11
Range, Tugalkabad on the next date of hearing to be essential for producing the relevant documents regarding compliance with environmental norms and assisting this Tribunal in just and proper adjudication of the questions involved in the case and they are directed to remain present before this Tribunal on that date.
13. The Deputy Commissioner (South) Delhi, the Deputy Conservator of Forests, Shooting Range, Tugalkabad, New Delhi and the Commissioner of Police, Delhi are directed to take requisite steps to ensure protection of the land owned by the Forest Department and take appropriate action, by following due process of law, against encroachment or raising of any construction on, cutting of trees from or any other act of environmental degradation affecting any part of land comprised in khasra no. 848(6-11), 963 min(2-8), 969 min(1-11), 725(19-11), 729(4-4), 730 min(0-2), 954 min(8- 8) and 961 min (7-13) situated at revenue estate of village Bhati, New Delhi recorded under ownership and possession of the Forest Department.
14. In the course of hearing on the previous date of hearing, it was alleged that some petition has been filed before Hon'ble High Court of Delhi on which stay orders had been passed by Hon'ble High Court of Delhi but neither of the contesting parties has submitted copy of the petition filed and orders passed by Hon'ble High Court of Delhi even today and it is not shown that the same relate to the identical cause of action and subject matter. By way of abundant caution, we make it clear that nothing in this order shall affect operation of the stay order passed by the Hon'ble High Court of Delhi and operate in conflict thereof."
12. Pursuant to order dated 17.10.2022, compliance report dated 09.05.2023 has been filed by Deputy Conservator of Forests, South Forest Division, Department of Forests and Wildlife, Government of NCT of Delhi. Relevant extracts from the report are as follows:
"2. It is submitted that Khasra No. 848, 954, 961, 969, 730, 725 of village Bhatti were excluded from vesting in Gaon Sabha and placed at the disposal of Forest Department for afforestation/ creation of Ridge Reserve Forest vide notification number F1(29)/PA/DC/95 dated 02.04.1996 issued under section 154 of Delhi Land Reforms Act, 1954 (hereinafter referred to as the '1996 Notification'). The land included in the 1996 Notification is part of the Southern Ridge, which is to be maintained as a Ridge and cannot be put to any use, including cultivation, in accordance with the order dated 25.01.1996 and 13.03.1996 passed by the Hon'ble Supreme Court of India in the Writ Petition (Civil) No. 4677/1985 (M.C. Mehta vs. UOI &Ors). Copy of Notification dated 02.04.1996 and MC Mehta orders are annexed herewith as Annexure 1.
O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.12
3. It is further submitted that as per Notification No. F.10(42)-I/PA/DCF/93/2012-17(I) (hereinafter referred to as `1994) under Section 4 of the Indian Forest Act, 1927 was issued on 24.05.1994, wherein all forestlands and wastelands falling within the boundaries as mentioned in Schedule A of the notification which were the property of the State Government were declared as Reserved Forest including Khasra No. 963, 729 of village Bhatti. Copy of Notification dated 24.05.1994 is annexed herewith as Annexure 2.
4. That Khasra No. 954, 961, 969, 963, 730 are min Khasra nos. The extent of encroachment on Khasra No. 954, 961, 969, 963, 730 on forest land can be determined by Respondent no. 03 after conducting Tattima Proceedings on the ground. For the same, various letters have been written to District Magistrate (South) vide letter dated 13.10.2022, 23.08.2022, 13.07.2022, 23.08.2021, 29.07.2021 by answering Respondent. Copies of the above mentioned letters are annexed herewith as Annexure 3.
5. That Khasra No. 963 of Bhatti Village has been shown as encroached over 02-08 bigha- biswa in form of Farmhouse encroachment in the annexure no R- 16 list of Encroachments of the affidavit filed by the Revenue Department before Hon'ble NGT in the matter Sonya Ghose v. GNCTD, OA No. 58/2013. Copy of the affidavit is annexed herewith as Annexure 4.
6. It is respectfully submitted that Forest Department has already requested Special Task Force (STF) appointed by Hon'ble Supreme Court and District Task Force (DTF) chaired by DM South for preparing a schedule for removal of all the encroachment in Southern Ridge, including (6-11, 2-8, 8-08, 7-13, 1-11 'bigha-biswa') encroachment in Khasra No. 848, 963, 954, 961, 969 of Bhatti Village respectively. Copy of STF and DTF are annexed herewith as Annexure 5.
7. It is submitted that Hon'ble High Court of Delhi in the matter of Anant Raj Ltd versus GNCTD & others, WP(C) 10505/2018 has given stay on Khasra no. 848 of Village Bhatti. Further Hon'ble High Court of Delhi in the matter of Arun Kumar Jain versus Dy. Conservator of Forest (South), CS (OS). No. 658/2021, has given stay on Khasra no. 725, 729 of Village Bhati. Hence, no demolition action can be taken by the Forest Department in this land in question.
Table Showing details of the land is question is as under:-
S. Khasra Notified Village Total Notified Encroachment Remarks No. No. under Area Area in Status Notification Bigha Bigha -
Biswa- Biswa
1. 848 1996 Bhatti 6-11 6-11 Forest Hon'ble Department has High Court already of Delhi in requested the matter Special Task of Anant Raj Force (STF) Ltd. versus appointed by GNCTD & Hon'ble Ors., W.P. Supreme Court (C) and District 10505/2018 O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.13
Task Force has given (DTF) chaired stay in land by DM South for in question. preparing a schedule for removal of all the encroachment in Southern Ridge, including in this Khasra 2. 963 1994 Bhatti 12-16 2-8 This Khasra No. Tatima not Min. has been shown available. as encroached Various over 2-8 bigha- letters has biswa in form of been written Farmhouse to Revenue encroachment in Department, the annexure GNCTD with no. R-16 list of this respect. Encroachments of the affidavit filled by the Revenue Department before Hon'ble NGT in the matter Sonya Ghose v. GNCTD, OA No. 58/2013. Further, Forest Department has already requested Special Task Force (STF) appointed by Hon'ble Supreme Court and District Task Force (DTF) chaired by DM South for preparing a schedule for removal of all the encroachment in Southern Ridge, including in this Khasra 3. 969 1996 Bhatti 2-13 1-11 Forest Same as Department has above already requested Special Task Force (STF) appointed by Hon'ble Supreme Court and District Task Force (DTF) chaired by DM South for preparing a schedule for removal of all the encroachment in Southern Ridge, including in this Khasra which is encroached by O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors. 14 Hanslok Ashram. 4. 725 1996 Bhatti 19-11 19-11 Hon'ble High Court of Delhi in the matter of Arun Kumar Jain Versus Dy. Conservator of Forest (South), CS (OS) No. 658/2021, has given stay in land in question 5. 729 1994 Bhatti 4-4 4-4 Same as above 6. 730 Min 1996 Bhatti 5-17 0-2 Tatima not available. Various letters has been written to Revenue Department, GNCTD with this respect 7. 954 Min 1996 Bhatti 16-16 8-8 Forest Department has already requested Special Task Force (STF) appointed by Hon'ble Supreme Court and District Task Force (DTF) chaired by DM South for preparing a schedule for removal of all the encroachment in Southern Ridge, including in this Khasra which is encroached by Hanslok Ashram. 8. 961 Min 1996 Bhatti 15-7 7-13 Same as above. Same as above.
9. That pursuant to last order passed by this Tribunal, the Tree Officer inspected the site in question i.e. Hanslok Ashram within Khara Nos. 954 (08-08), 961 (07-13), 9969 (01-11) and 963(02-08).
However, no tree offence was found. Likewise, even on Khasra No. 848, no tree offence was found by the Tree Officer. A copy of the said inspection report dated 21.10.2022 is annexed herewith as Annexure 6."
13. Pursuant to orders dated 17.10.2022, 06.09.2023 and 15.12.2023 passed by this Tribunal, respondent no. 2 filed amended compliance/ O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.
15status report vide email dated 02.01.2024. The relevant part of which reads as under:-
"AMENDED COMPLIANCE/ STATUS REPORT IN TERMS OF ORDER DATED 17.10.2022, 06.09.2023 AND 15.12.2023 ON BEHALF OF RESPONDENT NO. 2 X X X X
1. That it is submitted that the Hon,ble Tribunal vide its order dated 17.10.2023 has directed Respondent No. 2 to appear in person before this Hon,ble Tribunal in the present matter and the undersigned in compliance with the order of this Honorable Tribunal has been regularly appearing before this Hon'ble Tribunal. The matter pertained to protection of forest land comprising of Khasra Number's 848 (6 -11), 963/4 (2 -8), 969/1 (1-11), 725 (19 - 11), 729 (4 -4), 730 (0 -2), 954/2/1 (8 - 8), 961/1 (7 - 13) situated at revenue estate of village Bhati, New Delhi.
2. Respondent no. 2 is filing the present amended compliance/ status report in terms of order of this Hon'ble tribunal dated 17.10.2022. That the undersigned is producing a chart containing details of tatima and demarcation carried out by the office of undersigned.
Khasra Remarks Attachment
Nos.
848 (6-11)This Khasra wholly Copy of Notice
belongs to Forest, dated 19.09.2023
and demarcation and Map in OCR
was done to remove PDF for Khasra no.
the encroachment, 848 is enclosed as
notice has been Annexure R-1
issued by the (Colly).
undersigned office
on 19.09.2023.
963/4 (2- Notice issued by Copy of Notice
8) Tehsildar Saket on dated 19.09.2023,
19.09.2023 for
Copy of Tatima
demarcation. The order dated
land of Van Vibhag 22.09.2021 and
is clear and Map in OCR PDF for
possession has Khasra no. 963 is
been handed over attached and
to the forestmarked as R-2
officials. (Colly).
969/1 (1- Notice issued by Copy of Notice
11) Tehsildar Saket on dated 19.09.2023,
19.09.2023 for
copy of Tatima
demarcation. As per order dated
information 03.01.2023 and
available with our Map in OCR PDF for office, the forest Khasra No. 969 is Department is in attached and possession marked as R-3 (Colly).
725 (19- This Khasra wholly Copy of Notice
11) belongs to Forest, dated 19.09.2023
and demarcation and Map in OCR
O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.
16
was done to remove PDF for Khasra No.
the encroachment, 725 is attached as
notice has been Annexure R-4
issued by the (Colly)
undersigned office
on 19.09.2023.
729 (4-4) This Khasra wholly Copy of Notice
belongs to Forest, dated 19.09.2023
and demarcation and Map in OCR
was done to remove PDF for Khasra No.
the encroachment, 729 is attached as
notice has been Annexure R-5
issued by the (Colly).
undersigned office
on 19.09.2023.
730 (5-19) Notice issued by Copy of Notice
Tehsildar Saket on dated 19.09.2023
19.09.2023 for and Map in OCR
demarcation. The PDF for Khasra No.
Forest owns only 2 730 is attached and
Biswa land which marked as R-6
is vacant and (Colly).
possession is
already with the
forest officials.
954/2/1 Notice issued by Copy of Notice
(8-8) Tehsildar Saket on dated 19.09.2023,
19.09.2023 for copy of Tatima
demarcation. order dated
Demarcation has 26.09.2022 and
been done on Map in OCR PDF for
23.09.2023. Khasra No.954 is
However, villagers attached and
created hindrances marked as R-7
during the (Colly).
demolition and as
per information
available with our
office that Forest
officials are taking
necessary steps to
clear the
encroachment.
961/1 Notice issued by Copy of Notice
(7-13) Tehsildar Saket on dated 19.09.2023.
19.09.2023 for Copy of Tatima
demarcation. As per order dated
information 26.09.2022 and
available with our Map in OCR PDF for
office, the Forest Khasra No. 961 is
Department is in attached and
possession. marked as R-8
(Colly).
3. That it is submitted that as per demarcation report dated 23.09.2023 revenue record has been updated. Copy of the said record is annexed and marked as Annexure R- 9...."
O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.
17
14. Pursuant to orders passed by this Tribunal the Deputy Conservator of Forests, South Forest Division, Department of Forests and Wildlife, Govt. of NCT of Delhi filed Status report dated 11.03.2024 in continuation to status reports dated 13.02.2024 and 09.05.2023 the relevant part of which reads as under:-
"Status report on behalf of the Deputy Conservator of Forests, South Forest Division, Department of Forests and Wildlife, Government of National Capital Territory of Delhi.
X X X X X
2. This status report is in continuation of previous status reports dated 13.02.2024 and 09.05.2023. The present Status Report is submitted to outline the actions taken by the Department in accordance with the Ld. Tribunal order dated 14.02.2024 in the present application. The purpose of producing the relevant record and assisting this Ld. Tribunal in just and proper adjudication of the question involved in the case.
3. That on 14.02.2024, in compliance with the aforementioned direction, the undersigned, along with his staff and SDM (Saket), conducted a ground inspection of the area.
The inspection revealed the following observations, as detailed in the table below:-
S. Khasr Notified Villag Total Notifie Encroachmen Remarks No a No. under e Area d Area t Status . Notificatio (Bigha Bigha-
n - Biswa)
Biswa)
1. 963 1994 Bhatti 12-16 2-8 The area is -do-
Min under the
possession of
Forest
Department.
Copy of
pictures
depicting the
same are
annexed as
Annexure - 1.
2. 969 1996 Bhatti 2-13 1-11 Encroachment -do-
Min has been
successfully
cleared from
the area,
which is now
under the
possession of
the Forest
Department. A
signboard by
the Forest
Department
has been
installed along
with wire
fencing and
O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.
18
plantation.
Copy of
pictures
depicting the
same are
annexed as
Annexure - 2
3. 730 1996 Bhatti 5-17 0-2 The area is -do-
Min under the
possession of
the Forest
Department.
Copy of
pictures
depicting the
same are
annexed as
Annexure - 3.
4. 954 1996 Bhatti 16-16 8-8 Encroachment -do-
Min has been
successfully
cleared from
the area,
which is now
under the
possession of
the Forest
Department. A
signboard by
the Forest
Department
has been
installed, along
with the
placement of
poles and wire
fencing. Copy
of pictures
depicting the
same are
annexed as
Annexure - 4.
5. 961 1996 Bhatti 15-7 7-13 Encroachment -do-
Min has been
successfully
cleared from
the area,
which is now
under the
possession of
the Forest
Department. A
signboard by
the Forest
Department
has been
installed, along
with the
placement of
poles along
with wire
fencing and
plantation.
Copy of
pictures
depicting the
same are
annexed as
Annexure - 5.
6. 848 1996 Bhatti 6-11 6-11 The Hon'ble Demarcatio
O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.
19
High Court of n exercise
Delhi vide is complete
order dated on ground
16.10.2018, by Revenue
has granted Department
Status Quo in .
the land in
question in the
matter titled as
"Anant Raj
Ltd. versus
GNCTD &
Ors., WP(C)
No.
10505/2018".
However, a
signboard by
the Forest
Department
has been
installed.
Copy of the
said order and
picture of
signboard are
annexed as
Annexure - 6
(Colly)
7. 725 1996 Bhatti 19-11 19-11 The Hon'ble -do-
High Court of
Delhi, in its
order dated
13.12.2021,
granted Status
Quo for 14
Bighas of the
total 19 Bigha-
11 Biswa area
in the case
titled "Arun
Kumar Jain
versus Dy.
Conservator
of Forest
(South), CS
(OS) No.
658/2021."
The remaining
area,
comprising 5
bighas 11
Biswa,
remains under
the possession
of the Forest
Department.
Copy of the
said order and
land which is
under
possession of
the Forest
Department
are annexed
as Annexure
7 (colly).
8. 729 1994 Bhatti 4-4 4-4 The Hon'ble
High Court of
Delhi, in its
order dated
O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.
20
13.12.2021,
granted Status
Quo on entire
area i.e. 4
Bighas 4
Biswa in the
case titled
"Arun Kumar
Jain versus
Dy.
Conservator
of Forest
(South), CS
(OS) No.
658/2021."
4. It is humbly submitted that the Dy. Conservator of Forests (South) has the highest respect and regard for the orders of this Hon'ble Court. The present reply and its annexures are being placed before this Hon'ble Court for its consideration and further direction, if any."
15. We have heard learned Counsel for the parties and gone through the material on record.
16. Hon'ble Supreme Court of India in their orders dated 25.01.1996 and 13.03.1996 passed on I.A. No. 18 and 22 in Writ Petition (Civil) No. 4677/85 titled as M.C. Mehta V/s Union of India & Others directed that uncultivated surplus land of Gaon Sabha falling in "Ridge" may be excluded from vesting in Gaon Sabha u/s 154 of the Delhi Land Reforms Act, 1954 and made available for the purpose of creation of Reserved Forest. Accordingly, the Lt. Governor of National Capital Territory of Delhi, in exercise of powers conferred u/s 154 of the Delhi Land Reforms Act, 1954, declared the uncultivated land of Gaon Sabha specified in Column 'III' and Annexure 'A' to 'N', situated in Southern Ridge in respect of Villages mentioned in Column 'II' of table given in notification No. F.1(29)/PA/DC/95 dated 02.04.1996 as surplus land and lands at the disposal of Forest Department of Government of National Capital Territory of Delhi.
O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.
21
S. Name of Village Quantum of Gaon Sabha
No. land Covered in ridge as
declared under notified
Ridge and proposed by
Forest Deptt. for
afforestation.
I II III (Bigha-Biswa)
1 Nebsarai 466-10
2 Chatterpur 225-10
3 Maidangarhi 4263-02
4 Dera Mandi 9412-05
5 Asola 8387-06
6 Pulpehlad 99-04
7 Devli 5175-06
8 Rangpuri 1365-05
9 Ayanagar 4121-02
10 Rajokri 3106-01
11 Bhatti 11101-19
12 Ghitorni 732-14
13 Saidulazab 65-19
14 Jonapur 1979-13
Total in Bighas 50,480-16
Or
Total in Acres 10517.10 "
17. In Original Application No. 144/2015 titled as Jaipal Singh Vs. Lt. Governor, Delhi & Ors. taken along with Original Application No. 58/2013 titled as Sonya Ghosh Vs. Govt. of NCT of Delhi & Ors., Original Application No.116/2015 titled as Prof. Imtiaz Ahmed & Ors. Vs. State of NCT of Delhi & Ors. and M.A. No. 258/2015 in Original Application No. 10/2014 titled as Pavit Singh Vs. the State of NCT Of Delhi & Ors. this Tribunal considered the issue of conservation and protection of Delhi Ridge. The proceedings were initiated on the basis of news item titled 'Three Illegal Roads cut through forest' in Times of India dated 28.02.2013 on the basis of which O.A. No. 58/2013 was filed in March, 2013. In the course of hearings on 21.07.2016, the Tribunal required filing of a time schedule for demarcation of the Ridge area in South District and New Delhi, Vasant Vihar, Sub-Division. On 16.08.2016, the Tribunal directed the SDM Saket, SDM Mehrauli, SDM Vasant Vihar and SDM Kalkaji Sub-Division to carry out demarcation O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.
22accordingly. On 09.02.2018, the Tribunal directed completion of demarcation within one month. On 11.03.2019, the Tribunal dealt with the matter in the presence of the Principal Secretary, Department of Revenue. The Tribunal directed the Principal Secretary, Revenue to give complete details of the forest area and the encroachments. On 03.04.2019, the Divisional Commissioner-cum-Principal Secretary, Revenue Department filed affidavit giving status of demarcation of 19 villages based on TSM survey in compliance with the order of the Tribunal dated 11.03.2019 as follows:
- Total Ridge Area = 71,310-18 Bighas/Biswas
- Demarcated Area = 70,941-02
- Handed over = 65,453-04
- Not handed over = 5,487-18
- Encroached area = 4,684-17
18. The Divisional Commissioner-cum-Principal Secretary, Revenue Department also gave status of encroachment in compliance with the order of the Tribunal dated 11.03.2019 as follows:
"5. ENCROACHMENTS (Bighas-Biswas) - Bighas-Biswas 4,684-17 5.1 Ayanagar Village - 172-00 Ridge Area 4,028-09 AnnexureR10 (Pg.1588-1590) 5.2 Chhattarpur Village - 253-08 5.3 Ridge Area 594-04 AnnexureR11 (Pg.1591-1594) 264-09 Neb Sarai Village -
5.4 Ridge Area 590-01 AnnexureR12 (Pg.1595-1599) 238-03
Shahoorpur Village -
5.5 Ridge Area 3,306-15 AnnexureR13 (Pg.1600-1601) 452-14
Devli Village -
5.6 Ridge Area 5,737-16 AnnexureR14 (Pg.1602-1610) 675-00
Asola Village -
Ridge Area 9,268-13 AnnexureR15 (Pg.1611-1615) Encroachment of 869- 00 removed (Pg. 1657) 5.7 Bhati Village - 477-14 Ridge Area 12,845-12 AnnexureR16 (Pg.1616-1619) Encroachment of 1,486-00 removed (Pg. 1657-1661) 5.8 Maidangarhi Village - 79-03 Ridge Area 5,055-16 AnnexureR17 (Pg.1620-1621) 5.9 Saidulajab Village - 109-04 Ridge Area 410-07 AnnexureR18 (Pg.1622-1623) 5.10 Satbari Village - 181-17 Ridge Area 1,625-03 AnnexureR19 (Pg.1624-1625) 5.11 Jaunapur Village - 287-05 Ridge Area 3,855-18 AnnexureR20 (Pg.1626-1631) O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.23
5.12 Dera Mandi Village - 399-8.5 Ridge Area 10,821-18 AnnexureR21 (Pg.1632-1641) 5.13 Tughlakabad Village - 403-02 Ridge Area 6,491-16 AnnexureR22 (Pg.1642-43) 5.14 Pulpehladpur Village - 246-03 Ridge Area 680-18 AnnexureR23 (Pg.1644) Encroachment of 8-00 removed (Pg. 1661) 5.15 Rajokari Village - 214-02 Ridge Area 3,318-15 AnnexureR24 (Pg.1645-1650) Encroachment of 1-18 removed (Pg. 1661) 5.16 Rangpuri Village - 246-01 Ridge Area 1,793-17 AnnexureR25 (Pg.1651-1655) Encroachment of 9-18 removed (Pg. 1661) 5.17 Mahipalpur Village - 17-04 Ridge Area 92-03 AnnexureR26 (Pg.1656) 5.18 Ghitorni Village - NIL Ridge Area 732-14 5.19 Rajpur Khurd Village - NIL"
Ridge Area 60-09
19. Learned Amicus pointed out that in respect of areas, which are un- encroached and have already been demarcated and handed over to Forest Department as per stand of the Revenue Secretary as above, final Notification under Section 20 of the Forest Act should be issued forthwith. Such area should be covered by boundary wall/fencing in accordance with Section 6 to 8 of the Forest Act. The Forest Department should prepare Management Plan and the statutory authorities must regularly inspect the area and ensure that it is kept encroachment free. With regard to the remaining, the identified encroached areas should be retrieved in second phase by time bound action plan to be executed and monitored by the authorities for which there should also be high powered oversight Committee. We find merit in the suggestion and we propose to issue directions in these terms.
20. This Tribunal observed that Under the scheme of the Forest Act, once Notification under Section 4 has been issued in respect of decision to constitute Reserved Forest by the State, no right can be acquired therein except by a decision of the State in terms of the said Act and there are provisions to deal with any claims in such area, including the remedy for appeal to the State and that Learned Counsel for the Forest Department was unable to point out any meaningful objection to the O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.
24suggestions of learned Amicus except to submit that there are difficulties in removing encroachments and that there is urgent need to take necessary steps to protect the Ridge by taking necessary steps to finalise the notification under section 20 of the Forest Act for reserved forest and protection by appropriate measures. The land about which there is clarity can be included in such notification and the remaining process can be undergone separately but expeditiously. No non-forest activity is permissible in Ridge area. Accordingly this Tribunal issued the following directions in the above mentioned cases :
" In view of above, we direct that the Delhi Government through the Chief Secretary, Delhi to ensure that requisite Notification under Section 20 of the Indian Forest Act, 1927 is issued within three months in respect of the area about which there is no controversy. Further actions to be taken by the Delhi Government may include suitable protection by fencing/wall and vigilance. Identification of the remaining area and action plan for removing the encroachments be ensured within next three months. Execution of the action plan will be primarily under the Chief Secretary Delhi, who is also the Chairman of the Ridge Management Board.
We direct constitution of an Oversight Committee (OC) to be headed by DG Forest, MoEF&CC, Government of India with the Secretaries Revenue and Forest, Delhi Govt., the PCCF, Delhi, the concerned Deputy Commissioners, Delhi and the nominees of Police Commissioner, Delhi and the Forest Survey of India, Dehradun as members. Main function of the OC will be to oversee progress with regard to the removal of encroachments from the Ridge, its protection by way of fencing/boundary wall and preparation of management plan for its restitution. The Committee will be free to co-opt any other authorities/Experts. The Nodal agency will be the PCCF, Delhi for coordination and compliance. First meeting of the Committee may be held within one month and thereafter review may be undertaken periodically preferably at least once in a month till the action plan is executed.
In view of the above, O.A. No. 58/2013 stands disposed of.
O.A. No. 144/2015 seeks removal of encroachment in South Ridge Forest for which no separate order is necessary. The same will stand disposed of. O.A. No. 116/2015 also seeks removal of encroachments from Rangpuri area in South Delhi which will also stand disposed of. O.A. No. 10/2014 which also involves similar issue has already been disposed of by an earlier order of this Tribunal dated 11.11.2014, wherein M.A. No. 258/2015 has been filed for enforcement of earlier order will also stand disposed of.
We place on record our appreciation for the valuable assistance rendered by learned Amicus.
O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.25
All pending M.A.s/I.A. will also stand disposed of in view of the order passed in main matter.
A copy of this order be forwarded to DG Forest, MoEF&CC, Government of India with the Secretaries Revenue and Forest, Delhi Govt., the PCCF, Delhi, the concerned Deputy Commissioners, Delhi (through PCCF Delhi) and the nominees of Police Commissioner, Delhi and the Forest Survey of India, Dehradun by mail for compliance."
21. In the present case the land in question is claimed to be forest land on the basis of entries in khasra girdawari but copies of relevant revenue record connecting the same to land included in abovementioned notifications have not been filed by the applicant or the respondents no. 2 and 3. In her reply Respondent No. 7-Ritu Rana, Chief Operating Officer Hansjyoti has submitted that the alleged tin shed structure, which the applicant has stated to have been erected on forest land, was placed about 9 or 10 years back on the privately held land of M/s RGSB Estates Pvt. Ltd., M/s Ashon Estates Pvt. Ltd. and M/s RGD Estates Pvt. Ltd. with which the Hans Cultural Centre has existing leasehold rights; that these companies are owners in possession of the lands referred to in the Petition and that Hans Cultural Centre or these companies have not changed the nature and use of the land by converting it either into a commercial, agricultural, residential, or for sporting activities etc. However, relevant particulars regarding title/acquisition of ownership and possession of said companies have not been given by respondent no.7 or respondents no. 2 and 3.
22. Further, in the status reports filed by the respondents no. 2 and 3 there is no mention about status of notification under Section 20 of the Indian Forest Act, 1927 which was to be issued and further actions including suitable protection by fencing/wall and vigilance, identification of the remaining area and action plan for removing the encroachments which were to be taken by the Delhi Government and progress with regard to the removal of encroachments from the Ridge under Oversight O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.
26Committee (OC) to be headed by DG Forest, MoEF&CC, Government of India with the Secretaries Revenue and Forest, Delhi Govt., the PCCF, Delhi, the concerned Deputy Commissioners, Delhi and the nominees of Police Commissioner, Delhi and the Forest Survey of India, Dehradun as members.
23. In the facts and circumstances of the case presence of Hans Foundation, Hans Cultural Centre, M/s RGSB Estates Pvt. Ltd., M/s Ashon Estates Pvt. Ltd. and M/s RGD Estates Pvt. Ltd. is necessary for just and proper consideration of the questions involved in the case and they are impleaded as respondents no. 8 to 12. Further, presence of the Chief Secretary, Government of NCT of Delhi, who is also the Chairman of the Ridge Management Board and PCCF, Delhi who is the Nodal agency of the Oversight Committee for coordination and compliance is also necessary for just and proper consideration of the questions involved in the case and they are impleaded as respondents no. 13 and 14.
24. The applicant is directed to file amended memo of parties with complete particulars of respondents no. 8 to 14 within two weeks and the Registry is directed to issue notices to respondents no. 8 to 14 thereafter requiring them to file their replies/responses to the averments made in the application and also with respect to the aspects highlighted in this order.
25. In their replies/responses the Chief Secretary, Government of NCT of Delhi and PCCF, Delhi shall specifically give all relevant details regarding status of notification under Section 20 of the Indian Forest Act, 1927 which was to be issued and further actions including suitable protection by fencing/wall and vigilance, identification of the remaining area and action plan for removing the encroachments which were to be O.A. No. 525/2022 Laxmi Vs. MoEF&CC & Ors.
27taken by the Delhi Government and progress with regard to the removal of encroachments from the Ridge under Oversight Committee.
26. Respondent no. 2 is directed to file copies of all relevant revenue record pertaining to the land in question connecting the same to land included in the notifications and with all relevant details regarding acquisition of title/ownership by respondents no. 8 to 12 and subsequent mutations/tatimas and also encroachments observed and action taken for removal thereof.
27. The replies/responses by respondents no. 8 to 14 and documents by respondent no.2 as directed above be filed at least one week before the next date of hearing hereby fixed.
28. List on 14.10.2024 for further proceedings/consideration.
29. A copy of this order be also sent by email to the Chief Secretary, Government of NCT of Delhi and PCCF, Delhi and the Sub-Divisional Magistrate (Saket), Delhi for requisite compliance.
Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM August 20th, 2024 AG