National Green Tribunal
Aadhyatmik Kshetra Paryavaran ... vs State Of Rajasthan on 8 September, 2021
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 64/2020 (CZ)
(I.A. No.82/2020)
Aadhyatmik Kshetra Paryavaran Sansthan Applicant(s)
Versus
State of Rajasthan & Ors Respondent(s).
Date of hearing: 08.09.2021
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s): Mr. Shashi Prakash Joshi, Adv
For Respondent(s) : Mr. Shoeb Hasan Khan, Adv.
Mr. Shivi Sanyam,Adv.
ORDER
1. Issue raised in this application is encroachment of the Forest Land, which has been notified as Protected Forest under Section 29(1) of the Rajasthan Forest Act, 1953, vide notification dated 12.07.1990. Vide notification dated 04.03.1950 published in the official Gazette of Rajasthan with the provisions that the area falling within Arawali Region of the Marwar, which was recorded as Pahad in accordance with the provisions of Section 4 & 6 of the Marwar Forest Act, 1934, is protected forest. The Municipal Corporation, Jodhpur without any authority and against the provision of law is transferring the land to others and developing it as a Farm House. The Khasra Plot No. 885, as per revenue record is shown as land Pahad, which has been declared as protected Forest area and action of the Respondent are contrary to the circular/notification issued by the Government from time to time declaring/notifying the land as protected forest area and also against the Doctrine of Public Trust and Law laid down by Hon'ble the Supreme Court in the matter of T.N. Godavarman.
2. The matter was taken up on 17.08.02020 and notices were issued to the respondents. The committee was also constituted to submit factual and action taken report.
3. In compliance thereof, the committee consisting Collector, Jodhpur, Representative of Forest Department and Representative of State of Pollution Control Board, Rajasthan had submitted the report.
4. Learned Counsel for the Jodhpur Development Authority has made request that the authority is not a proper and necessary party, thus either the name of the authority should be deleted or copy of the report and application be provided to authority, so that the authority may be able to submit the response. On both the points applicant has to file the objection as to whether the Jodhpur Development Authority, Rajasthan is necessary party or not. The applicant is directed to provide that copy of the application and joint committee report may be provided to the respondents. Respondents/Rajasthan State Pollution Control Board and Forest Department are directed to submit para wise reply with regard to the nature of the land and legality of the authority to transfer the land from forest to residential land/area.
List it on 29th October, 2021.
I Sheo Kumar Singh, JM Arun Kumar Verma, EM 8th September, 2021 O.A.64/2020(CZ) K