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CORAM :

Hon'ble Mr. Justice Swatanter Kumar (Chairperson) Hon'ble Mr. Justice P. Jyothimani (Judicial Member) Hon'ble Dr. D.K. Agrawal (Expert Member) Hon'ble Dr.G.K. Pandey (Expert Member) Hon'ble Prof. A.R. Yousuf (Expert Member) Dated : 14th March, 2013 JUSTICE SWATANTER KUMAR (CHAIRPERSON)

1. The applicant in application no. 91 of 2012, who claims to have great concern for the ecology of the Aravalli Hill Range, has moved the present application alleging that there is gross violation of the provisions of Environment [Protection] Act, 1986 (for short 'the Act') and the Forest Conservation Act, 1980 (for short 'the Forest Act'). Rule 5 of the Environment [Protection] Rules, 1986 (for short 'the Rules') provides for restrictions and conditions that may be imposed. The Ministry of Environment & Forests (for short the 'MoEF') had issued a Notification dated 7th May, 1992 (for short 'the Notification') which imposed prohibition on carrying out certain activities in the Aravalli Hills in District Gurgaon, which were causing environmental degradation. According to the applicant, large numbers of persons are carrying on commercial and other activities in violation of the said Notification. By indulging in such activities they are not only violating the law but are also causing serious damage to the environment.

2. Under the said Notification parts of district Gurgaon in Haryana and parts of district Alwar in Rajasthan are stated to be covered. The Notification prohibits carrying on of industrial and mining operations, cutting of trees, infrastructural activities and laying of transmission lines in the areas covered under the Notification and no such activity could be carried out without the prior approval of the Central Government. The said Notification was issued with a specific purpose to protect and conserve the ecologically sensitive areas of this range. The applicant specifically mentions that illegal activities were being carried on in Khasra No. 420/8 of Village Sikandarpur Ghosi, part of Aravalli Hill Range on a large extent. This was reflected as Gair Mumkin Pahar. However, in terms of the order of the Supreme Court passed in M.C. Mehta vs. Union of India (2004) 12 SCC 118 this area has been declared as 'forest' and any use of the same for non-forest activity would require the prior permission of the Central Government under Section 2 of the Forest Act. This area is stated to have been encroached upon by marble traders and some other individuals who are carrying on certain activities in violation of the said Notification. The allegation is also that these encroachers are felling trees and are even affecting the environment adversely by their activities. On this premise, the applicant has prayed that the respondents, including the State, be directed to stop the illegal activities in this area and has also prayed for restoration of the area to its natural state.

We also direct the Forest Department to ensure that no damage is caused, directly or indirectly, to the Forest Area in the Aravalli Hill Range.

8. If the shed structures are not removed/demolished and the debris accruing therefrom is not removed within the prescribed period, then in the said event, the Municipal Corporation of Gurgaon shall be entitled to and, in fact without fail, demolish such structures as well as remove the debris and recover the entire cost of this operation in equal shares from the interveners and the other defaulting persons located in that area.