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Delhi High Court - Orders

Paryavaran Avm Jeev Raksha Bishnoi ... vs Nuclear Power Corporation Of India Ltd. ... on 1 September, 2021

Author: Najmi Waziri

Bench: Najmi Waziri

                              $~35 (1)
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     CONT.CAS(C) 597/2021 & CM APPL. 28050/2021

                                    PARYAVARAN AVM JEEV RAKSHA BISHNOI SABHA
                                    HARYANA                                    .....Petitioner
                                                 Through: Mr Rahul Shukla, Ms Bachita B.
                                                            Shukla with Mr.Akash Jindal,
                                                            Advocates.
                                                 versus
                                    NUCLEAR POWER CORPORATION OF INDIA LTD. & ORS.
                                                                            ..... Respondents
                                                 Through: Mr A.P. Singh, Advocate for NPCIL.
                                    CORAM:
                                    HON'BLE MR. JUSTICE NAJMI WAZIRI
                                                 ORDER

% 01.09.2021 The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. Issue notice. Notice is accepted by the learned counsel for the respondent/NPCIL. At the joint request of the learned counsel for the parties, the petition is taken up for hearing.

2. The petitioner is apprehensive that residential colony/quarters will be constructed on the forest land. The said apprehension is promptly negated by the learned counsel for the respondent/Nuclear Power Corporation of India Ltd ('NPCIL), who submits that no residential quarters will be constructed on the said land, which is now a sanctuary for blackbucks.

3. The learned counsel for the NPCIL submits that the NPCIL is conscious about the preservation of the forest land and is pursing the matter in this regard vide its letter dated 29.08.2020. The learned Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:06.09.2021 15:28:44 counsel for the NPCIL assures the Court that the said land will not be used for construction of residential colony/quarters for NPCIL and that the said land which is in possession of NPCIL is proposed to be converted and developed as a forest/sanctuary for preservation and habitation of blackbucks, which is an endangered species, and the same shall not be disturbed in any manner.

4. The Court is informed that according to the survey conducted in 2015, the population of the blackbucks in the said area was around 500, surely the number of blackbucks would increase if the proposed habitation is developed. State of Haryana was to plant 6,000 trees in the NCPIL land for the creation of a suitable habitat for preservation of blackbucks. In pursuance of this objective NPCIL has written to the District Revenue Office & Land Acquisition Collector, Fatehabad, Haryana on 29.08.2020, requesting them to plant 6000 trees on the said land. Thus far only 70 saplings/trees have been planted, the remaining 5930 saplings/trees are yet to be planted. The NCPL expects the said target to be accomplished within the next two weeks.

5. The learned counsel for the petitioner submits that the Forest Department, Haryana, has been asking for transfer of the said lands to itself so that the plantation work can be carried out.

6. In view of the above, no further orders are required at this stage. The petition, along with pending application, stands disposed-off accordingly.

NAJMI WAZIRI, J SEPTEMBER 01, 2021/rd Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:06.09.2021 15:28:44