National Green Tribunal
Gauri Maulekhi vs Union Of India on 18 March, 2020
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No.1 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 514/2015
Gauri Maulekhi Applicant(s)
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 18.03.2020
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
For Applicant(s): Mr. Rahul Chaudhary, Ms. Kanika Sood,
Advocates
ORDER
1. The issue for consideration is remedial action against illegal construction in Haridwar Forest Division in Shyampur Range. According to the applicant, the area of Chandi Block, Shyampur Range, Shivalik Elephant Reserve and its adjoining Rajaji National Park and Tiger Reserve are wildlife habitats within 100 meters of River Ganga where large scale construction was going on in the said area without any clearance by the competent authorities under the Forest (Conservation) Act, 1980. Construction was inter- alia being done at Dakshinkali Temple, Maa Chandi Devi Purohit Residential Area, Chandikeshwar Mahadev Avam Ved Karmkand Vidyalaya, Gauri Shankar Temple Parking Area etc. and encroachment by several others.
2. The matter was last reviewed on 30.07.2019 in the light of earlier proceedings and report of the oversight Committee headed by 1 Justice U.C. Dhyani, former Judge, Uttarakhand High Court constituted by this Tribunal vide order dated 24.08.2018. It was observed:-
"4. Today, a further report dated 09.07.2019 has been submitted to the effect that 12 meetings have already taken place. There was some delay in the proceedings relating to eviction of encroachments because of the Model code of Conduct and the elections. No new encroachment has now taken place and some encroachments have been removed. In some cases, orders of eviction have been passed or other proceedings were pending. The remaining eviction proceedings are to be completed within three months.
5. Let a final report be now furnished by the Oversight Committee giving the status of the actions taken and its recommendations in the matter by 30.11.2019."
3. Accordingly, a 'final' report has been filed by the Committee on 29.11.2019 mentioning the steps taken on the subject and giving details of the action against individual encroachments.
4. Summary of achievements mentioned in the report is as follows:-
" a. The shops and structures outside the pillars of the lease area of Dakshin Kali temple have been demolished.
b. Eviction order has been issued against the Respondent in Chandikeshwar Mahadev and Ved Karmkand c. Some shops and other structures which were operating from land outside the lease area of Upper Chandi Devi temple have been demolished. Additional 46 illegal structures have been identified and notices have been served to them.
d. A Forest Offence has been lodged before the court of Divisional Forest Officer and is presently under proceedings under Section-61A of Indian Forest Act, 1927 (State Amendment) in the matter of Anjani Mata Temple.
e. A Forest Offence has been lodged before the court of Divisional Forest Officer and is presently under proceedings under Section-61A of Indian 2 Forest Act 1927 (State Amendment) in the matter of Gaurishankar temple. Presently, car parking in the area has been stopped and trees have been planted in its place.
f. Another parking near Gaurishankar temple has been stopped by the DFO. This land is under transfer to NHAI towards broadening of the National Highway-74, for which forest clearance has been granted.
g. Show cause notice has been issued to the Respondent as to why the encroachments be not removed from forest land in the matter of Nileshwar Mahadev temple.
h. The liquor shop along the highway, running on Forest land and transferred to Irrigation department in the past, has been demolished and unauthorized occupants evicted.
i. In the matter of Sidhbali ashram, DFO has passed eviction order against the encroachers. The Respondents have removed the additional structures.
j. DFO has issued eviction orders in the matter of Sidhsot ashram.
k. In-principle approval under the Forest Conservation Act, 1980 has been obtained on 5.2.2011 and the conditions have been complied with in the matter of Police Wireless building.
l. Haridwar Roorkee Development Authority has sent notices to 14 illegal constructions within 100 m of River Ganga and demolition order has been passed in two cases, one unauthorized construction has been sealed, seven cases were found beyond 200 m of river Ganga as per report of the Irrigation department and the remaining four are pending decision. No new encroachment has been reported.
m. Two shops at Chandi Devi ropeway station, 4 shops near Ropeway parking area and 1 shop at starting point of Chandi Devi trek path, were forcefully evicted and demolished as per law. In addition, 3 shops adjacent to Mahant niwas, 3 shops on Anjani mandir path and all shops of temporary nature along Chandi devi temple path have been removed.
n. All unauthorized constructions from Singh Dwar to Buddhi Mata Mandir and Laksar road and all such 3 constructions from Pul Jatwara to Mansa Devi temple have been demolished in Haridwar town.
o. The Nodal Officer, Forest Conservation has directed the Chief Medical Officer, Tehri Garhwal to vacate the expired lease of Brahmpuri Kusht colony at the earliest.
p. Eviction order has been passed against 261 encroachers in the case of Bengali basti, Mayakund, Rishikesh, with respect to OA 311/2019 Markandey Ram vs State of Uttarakhand. Out of 261 persons, SO persons have vacated the premises on their own. The remaining encroachments have been completely evicted and all the structures have been completely demolished.
It is being ensured that no fresh encroachments or constructions are taking place anywhere within 100 m from River Ganga and in the adjacent forest areas."
5. The report further mentions:
" Executive and Forest authorities shall, however, continue to make efforts to bring pending cases to their logical conclusion and ensure that no new encroachment takes place."
6. In view of the above, monitoring may now be continued by the concerned statutory authorities. All pending cases may be taken to logical end. The State may ensure that no encroachments takes place.
This application is disposed of.
Adarsh Kumar Goel, CP Sheo Kumar Singh, JM Dr. Nagin Nanda, EM March 18, 2020 Original Application No. 514/2015 AK 4