National Green Tribunal
Verinder Singh vs Land Acquisition Collector-Cum- Dro, ... on 13 July, 2012
BEFORE THE NATIONAL GREEN TRIBUNAL, NEW DELHI
(PRINCIPAL BENCH)
APPLICATION NO. 24/2012
IN THE MATTER OF
Verinder Singh and Vikram Singh, HUF
D-57, Defence Colony,
New Delhi - 110024
.... APPLICANT(S)
Versus
The Land Acquisition Collector-cum-DRO
Mini Secretariat, Sector-12
Urban Estate, Karnal
Haryana
.... RESPONDENT(S)
Applicant:- In Person
PRESENT:
Justice A.S. Naidu (Acting Chairperson)
Dr. G.K. Pandey (Expert Member)
Dated 13TH July, 2012
ORDER
This application has been filed invoking jurisdiction under Section 14 and 15 read with Section 18 of the National Green Tribunal Act, 2010, inter-alia, seeking following reliefs :- 1
1. "the Hon'ble Tribunal takes cognizance of the violation of the Environment Protection Rules, 5 (v) and (ix) by the Deputy Land Acquisition Collector / Collector, Karnal in transferring the suit land to HSIIDC Limited without prior environmental clearance having been obtained as mandated by para 10 of S.O. No. 1533 (E) dated 14.09.2006 and the existing injunction dated 07.06.2006 in C.A. No. 105/2005.
2. the Tribunal takes cognizance of the violation of the Environment Protection Rules 5 (v) and (ix) by the office of the District and Town Country Planner, Karnal in formulating the final draft development plan No. CCP (NCR) KNLFDP/2008/2234 dated 12th August, 2008 and declares this null and void, directing the District Town and Country Planner, Karnal to draw up a fresh plan based on environmental realities compatible with the Environment Protection Act, 1986. 2
3. the Hon'ble Tribunal may kindly direct the Collector / Deputy Land Acquisition Collector, Karnal to transfer the said land of the applicant bearing No. 164/56, 205- Khasra No. 1326/256 (0-7 biswas); Khewat No. 163/155, 204-Khasra No. 257 (4-13), 258 (4-2), 259 (1-6), 284 (2-11), 285 (4-0), 286 (4-0), 306 (4-0), 1327/256/3/2 (1-0) totalling approximately 26 bighas back to the applicant i.e. restitution of the land with appropriate documentation in compliance with all requirements.
4. the Hon'ble Tribunal from 21.01.2011 when the said land was transferred from the applicant to HSIIDC Limited may direct the payment of damages/compensation to the applicant by way of loss of production of crops to the applicant by the District Collector / Land Acquisition Collector, Karnal."
2. The controversy as is evident from the averments made in the application, has a chequered history and relates back to the year 2006. According to the Applicant, late Brig. Verinder Singh 3 was allotted a portion of the disputed lands situated at 119/6 km Stone G.T. Road, Village Kambopura, Karnal. In the year 2006, the Government of Haryana issued a notification under Section 4 of the Land Acquisition Act, 1894 for acquisition of different partial of the lands, including the disputed lands, for development of Phase-3 Industrial Estate for HSIIDC, Karnal, Haryana. The said notification was assailed in Civil Suit No. 303 of 2005 in the Court of Learned Civil Judge, Karnal. The dispute was, thereafter, before the Learned Additional Session Judge, Karnal in Civil Suit No. 105 of 2005. It appears, certain interim orders were passed by the Civil Court's.
3. While mater stood thus, Government of Haryana issued notification under Section 6 of the Land Acquisition Act, 1894 on 26th April, 2007, followed by notification under Section 7 and another notification under Section 9(1) of the said Act. After completion of the paraphernalia, the land was acquired and compensation was awarded. The applicant received the compensation with protest and prayed to refer the matter to Civil Court under Section 18 of the Land Acquisition Act, which was complied with and the matter is pending before the Civil Court. 4
4. Thereafter, the applicant filed an application for amendment of the plaint under Order 6, Rules 17 read with Section 151 of the Civil Procedure Code in Civil Suit No. 159 of 2011 and sought to include a prayer regarding violation of the provisions of the Environment (Protection) Act, 1986. Learned Civil Judge, Junior Divison, Karnal by order dated 30th May, 2012 rejected the application.
5. In paragraph 3 of the Memorandum of Application, the applicant has stated as follows:
"The applicant above named begs to present the memorandum of application against the order dated 30.05.2012 of the Civil Judge, Junior Divison, Karnal."
6. Thus, it appears that the cause of action for approaching this Tribunal is the order dated 30th May, 2012 passed in the Civil Suit. There is no dispute with regard to the legal position that in consonance with the provisions of the National Green Tribunal Act, 2010, this Tribunal has no jurisdiction to sit over appeal or 5 otherwise deal with any order passed in a Civil Suits arising out of Land Acquisition Act.
7. In course of hearing, the applicant, who appeared in person, tried to convince us that the parties are trying to set-up industries ignoring as well as exhibiting least concern about the environment, thereby causing immense loss / damage to fertile agricultural lands. Further grievance of the applicant is that without obtaining prior Environmental Clearance (EC), the Land Acquisition Collector, Karnal has transferred lands belonging to the applicant in favour of HSIIDC, thus, there is gross violation of the mandatory requirements set-forth in the Environment (Protection) Act, 1986.
8. Admittedly, the lands belonging to the applicant and / or his predecessor in interest, have been acquired under the Land Acquisition Act and compensation has been received by the applicant with protest. Further litigations arising out of land acquisition proceedings are pending before the Civil Court. The allegation that the State Government is acting contrary to the provisions of the Environment (Protection) Act, 1986 by handing 6 over possession to HSIIDC for industrial purpose and the latter is trying to set-up industries without obtaining prior permission, are to be dealt under the Environment (Protection) Act, 1986 or acts dealing with the subject, cannot be adjudicated in this application as HSIIDC has not been impleaded as a party in this application.
That apart, Section 5 of the Environment (Protection) Act, 1986 read with Rule 5 of the Environment (Protection) Rules, 1986 deal with prohibition for setting up any industries without following the provisions of law. If the applicant has any grievances he has to workout his remedies under the said provisions and / or any procedure available to him under law. Section 5A of the Environment (Protection) Act, 1986 provides for an appeal before this Tribunal against the order passed by the Government. Thus, according to us the present application assailing transfer of lands to HSIIDC vis-a-vis attempt to set-up Industries without EC is premature.
9. That apart, the applicant has also not impleaded the Ministry of Environment and Forests or the concerned State Government. 7 In the absence of the said authorities, no effectual adjudication can be made.
10. In view of the aforesaid discussions, we are not inclined to entertain the present application at this stage and dismiss the same giving liberty to the applicant to workout his remedies in accordance with law.
Dr. G.K. Pandey Justice A.S. Naidu
Expert Member Acting Chairperson
Dharamvir
13th July, 2012
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