National Green Tribunal
Sumit Batra vs State Of Haryana on 22 August, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 196/2021
(With reports dated 18.04.2022 & 20.08.2022)
Sumit Batra & Ors. Applicant(s)
Versus
State of Haryana & Ors. Respondent(s)
Date of hearing: 22.08.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Dalpreet Singh, Advocate
Respondent(s): Mr. Rahul Khurana, Advocate for MCG & DFO, Gurugram
ORDER
1. Grievance in this application is against non-forest activity in forest area at Khasra Nos. 833, 838, 605 and 619, Nathupur village, District Gurgaon, Haryana. According to the applicants, they are residents of V-10 Licensed Colony, DLF Phase-3, Sector 24 next to Delhi Gurgaon Border on MG Road Gurgaon. It is stated that the area in question is described as Gair Mumkin Pahar in the land record. In view of Notification dated 07.05.1992, the area is part of Aravali and has to be taken as forest area where non forest activities are prohibited. Inspite of this, non-forest activities such as cutting of trees and raising of constructions are taking place in violation of Forest (Conservation) Act, 1980, as interpreted in the judgment of the Hon'ble Supreme Court in T.N. Godavarman Thirumalpad 1 v. UOI1. Further reliance has been paced on M.C. Mehta v. UOI2 and M.C. Mehta v. UOI3. The applicants have relied upon letters dated 22.08.2019 and 08.02.2021 addressed to the Municipal Corporation Gurgaon and newspaper report dated 11.06.2021 in Hindustan Times titled 'Encroachment found near city Aravalli Park'. Several photographs have been filed in support of the allegation of construction activities in the area.
Further, reference has been made to the orders passed in SLP(C) No. 7220- 7221/2017, Municipal Corporation, Faridabad v. Khori Gaon residents welfare association & Ors. relating to village Khori in Faridabad District directing demolition of construction in forest area. Reliance has also been placed on orders of this Tribunal dated 05.03.2019 in O.A. No. 407/2017, Lt. Col. (Retd.) Sarvadaman Singh Oberoi v. State of Haryana & Ors. and dated 26.08.2020 in O.A. No. 04/2013, Sonya Ghosh v. State of Haryana & Ors.
2. Vide order dated 10.08.2021, the Tribunal sought a factual and action taken report from a joint Committee of Divisional Forest Officer, Gurgaon and Municipal Corporation Gurgaon.
3. Accordingly, the joint Committee has filed its report on 18.04.2022 as follows:-
"11. That it is submitted that Consolidation (Chakbandi) of land never occurred in revenue estate of village Nathupur, Gurugram. Local people of village Nathupur are holding scattered land adjacent to V-10 Street (DLF Phase-III) and are using V-10 Street as thoroughfare to reach their land, hence it is not possible to block the way of local residents. In order to control/restrict the activity of illegal carrying of C&D Waste by large vehicles, low height barrier has already been installed, RCC column gate visible in photo is also estimated to be more than 20 years old. Photograph of the same are attached as Annexure R/2. That it is further submitted that CWP No. 6057 of 2021 titled as 1 (1997) 2 SCC 267 2 (2018) 18 SCC 397 3 (2004) 12 SCC 118 2 DLF-3 Voice An Initiative for Better Living Vs UOI & Ors is already pending before Hon'ble Punjab and Haryana High Court at Chandigarh which relates to same cause and listed for hearing before the Hon'ble Court on 30.08.2022.
The copy of order dated 16.03.2021 passed in said CWP is attached as Annexure R/3.
12. That further to restrict illegal dumping of C&D Waste, enforcement measures has been increased in Zone-III area of MCG (including Nathupur). The enforcement team of MCG is taking proactive action against illegal dumping of waste from time to time by way of impounding and challaning of vehicles carrying C & D waste. The challan amount has been fixed between Rs. 10,000 to Rs. 50,000 depending upon the number of violation. Further, Concessionaire of MCG has been asked on urgent basis to assess and lift illegal C&D Waste dumped on MCG land for further processing and disposal.
13. That the land in question is included in the general order under section 4 of PLPA regulating felling of trees. Therefore, the Forest department can take action as per law for any felling of trees without permission. Forest Offence Report (FOR) no. 1399/30 dated 10.06.2021 for felling of 33 mesquite trees and FOR 1399/33 dated 29.06.2021 for felling of 6 mesquite trees has already been issued. Copy of FORs is annexed as Annexure R/4.
14. That regarding existence of temple structures in Khasra No. 833, it is submitted that temple nearer to Khasra No. 830 is in existence prior to 02.06.2008 i.e when MC Gurugram become the owner of said land, however new structure enclosing temple of an area around 1100 Sq Ft is illegally constructed in order to enlarge temple. In another site, only some pillars in Khasra No. 833 as depicted in map (Annexure R/1) towards Khasra No. 735 is in existence and construction of same was halted by MCG in year 2019. Notice under section 408 (A) (1) (b) of Haryana Municipal Corporation Act; 1994 vide Memo No. MCG/AE-III/2021/2795 dated 21.12.2021 has been served/pasted for illegal encroachment on land owned by MCG which is part of Khasra No. 833. It is further submitted that illegal encroachments will be demolished with the help of police force after adopting due process of law.
15. That as mentioned above about existence of some structures in Khasra No. 619 (8-18-0) which includes cow- shed etc. is Banjar Kadim land by nature. The matter of unauthorised and illegal construction/occupation on land Khasra No. 619 (8-18-0) owned by Municipal Corporation Gurugram is pending before Hon'ble Punjab and Haryana High Court and status quo has been ordered by Hon'ble Punjab & Haryana High Court vide order dated 31.07.2018 in favour of appellants in CM No. 10614-C of 2018 in RSA No. 4079 of 2017 titled as Rambir and Others 3 Vs Nagar Nigam, Gurgaon & Others. Copy of order dated 31.07.2018 is attached as Annexure R/5."
4. The Municipal Corporation, Gurgaon has also filed its submissions on 20.08.2022 as follows:-
"2. That it is undisputed that CWP No.6057 of 2021 titled as DLF 3 Voice - An Initiative for Better Living V/s. Union of India and Ors., as mentioned in Para Nos.10 & 11 of the Report, is pending for consideration before Hon'ble High Court of Punjab & Haryana at Chandigarh and the same is fixed for 30.08.2022. All concerned authorities i.e. Union of India through MoEF &CC, Department of Urban Local Bodies, Officers from Town & Country Planning Department and Police Department, Haryana are being represented to assist the Hon'ble Court on the issue raised by applicant herein i.e. reconstruction of boundary wall.
3. That it is humbly submitted that the answering Corporation is committed to protect the environment. For proper disposal of construction & demolition waste generated in municipal limits of Gurugram, a processing facility has already been established in Village Basai, Gurugram. The construction & demolition waste is being lifted and sent to this designated site for scientific disposal. It is further submitted that to stop illegal dumping of construction & demolition waste, a team has been constituted to prevent such dumping and issue Challan(s) against offenders, as mentioned in Para No.12 of the Report.
4. That in furtherance of notice dated 21.12.2021 issued against construction enlarging the old existing 'Sati Mata Temple' in Khasra No.833 as mentioned in Para No.14 of the Report, it is submitted that the demolition order dated 11.01.2022 has been passed. However, same could not be complied with due to public protest and non-availability of Police Force on the day of scheduled demolition. A copy of demolition order dated 11.01.2022 is attached herewith as ANNEXURE R/1.
5. That construction of Road as mentioned by the applicant in Para No.7 of his response is not a newly constructed Road, rather the same has been re-constructed after written request received from the Councilor, Ward No.35, Gurugram. This road provides passage from V-10 Street to Sheetla Mata Mandir (approx. 80 meter in length). A Report was also obtained from Forest Department before reconstruction of Road in question. As per said Report, the land under the Road in question is not falling under Aravali Plantation and Sections 4 & 5 of the PLP Act, 1900."
5. The applicants have filed their version on 20.05.2022 reiterating the earlier stand that there are illegal encroachments and illegal dumping of waste and other activities.
46. We have given due consideration to the matter and are of the opinion that in view of stand of the Corporation that remedial action is being taken, no further order appears to be necessary except that the Corporation may take further remedial action as undertaken in its submissions. It may maintain vigil, continue checking the dumping of C&D waste and dealing with the encroachment as per law. It is also made clear that this order will not affect the proceedings pending before the Punjab and Haryana High Court. It will be open to the parties to the said proceedings to pursue the said matter in accordance with law.
The application is disposed of.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM August 22, 2022 Original Application No. 196/2021 SN 5