Manav Awaaj Trust through its Trustee Shri Abhay Jain vs Union of India & Ors

Grievance in this application is against diversion of forest land for non-forest purposes in violation of law. According to the applicant, the Haryana Government has allotted 1500 square metres in Khasra no. 611/4 in Village Chakkarpur, Gurugram, to Indian Oil Corporation Limited (IOCL). The Forest Department vide letter dated 29.07.2020, pointed out to the Deputy Commissioner, Gurgaon that the site in question was part of forest and in terms of the decision of the Hon'ble Supreme Court, it cannot be used for non-forest purposes and thus the retail outlet of the IOCL could not be set up on the said site. Inspite of the said stand of the Forest Department, the Municipal Corporation, Gurgaon has failed to take the remedial action to enforce the law. Use of forest  land  for  non-forest  purposes  is  also  in  violation  of  MoEF&CC Notification dated 07.05.1992, with regard to the Aravalli Range. The applicant has also relied upon order of the Punjab and Haryana High Court dated 13.02.2020 prohibiting any construction activity in forest land, in view of the judgment of the Hon'ble Supreme Court in M.C. Mehta vs. Union of India & Ors., (2018) 18 SCC 397.

Vide order dated 09.02.2021, the Tribunal directed the Deputy Commissioner, Gurgaon and the Divisional Forest Officer, Gurgaon to look into the matter and take remedial action following due process of law and file an action taken report.

In pursuance of above, report has been filed on 08.07.2021 by the Deputy Commissioner, Gurgaon on behalf of Joint Committee as follows:-

"It is further submitted that as per the orders of the Hon'ble National Green Tribunal, reports were sought from Divisional Forest Officer, Gurugram and Municipal Corporation, Gurugram in the said matter. Site Inspection of the land in question was also carried out by Commissioner, Municipal Corporation, Gurugram and Divisional Forest Officer, Gurugram.

In a fresh report sought on the said complaint, the Municipal Corporation, Gurugram in its report no. MCG/TP/DTP/2021/15281 dated 14-06-2021 has concluded that "the site in question is still lying vacant."

The Divisional Forest Officer, Gurugram in its report no. 1670-G dated 18-06-2021 has submitted that

"Accordingly the proposed area Khasra No. 611/4 of Village Chakkarpur falls under Aravali area and is demeed to be forest land for the purposes of section 2 of the forest conservation Act, 1980. As per the provisions of the forest conservation Act, 1980 no forest can be diverted for non forestry purposes without prior approval of the ministry of environment. Forest & Climate Change, Government of India.

Further, it is submitted that the area applied for diversion, Khasra No 611/4 in the revenue estate of Chakkarpur is covered under the Aravalli plantation project area as per forest department. Records Aravalli plantation project was implemented in Southern District Haryana including Gurugram in year 1991 to 1999. Aravalli Plantation Project area is deemed to be Forest as per directions of Hon'ble Supreme Court. The Supreme Court in the matter of M.0 Mehta V/s Union of India in WP(C) 4677 of 1985 in judgment dated 18.03.2004 had observed as under:-

"Reference can also be usefully made to the part of state of Forest Report, 1999 issued by Forest Survey of India in relation of Haryana. It, interalia provides that large scale plantation were carried out under Aravali project since 1992. The document claims increase of the forest cover in the state of a result of plantation under Aravali project. It interalia mentions that forest cover increase in Gurugram and Faridabad is mainly due to plantation in early 1990s. In these matters, neither the state nor the lease holders can be permitted to turn around and now take a stand that the area covered under the Aravali project is not forest".

It is further submitted that pursuant to the direction issued by Hon'ble National Green Tribunal the above site was recently inspected by District Food Supply Controller(DFSC), Gurugram on the instructions of the under signed(District Magistrate) who had submitted vide its report no. 1179 dated 23-06-2021 which is as follows:

"DFSC, Gurugram alongwith Halqa Patwari inspected the land/site. As per jamabandi report of village chhakkarpur for the year 2018-19, the ownership of the land bearing Khewat/Khata no. 292/316 Khasra no. 611/4 admeasuring to be 5 Bigha & 17 Biswa Gair Mumkin Darkhatan Land. Gair Mumkin Pahar stand in the name of Municipal Corporation, Gurugram. It has further, submitted the Municipal Corporation, Gurugram has executed boundary wall over it and planted trees in it to make it park and the land in question is still laying vacant."

So, in the said matter, the district administration has not issued any NOC to the M/s Indian Oil Corporation Ltd. and also that there is no construction of any such kind in the said premises by M/s Indian Oil Corporation Ltd. In view of the facts and circumstances stated above it is worthwhile to mention that at present no action seems to be required. Report is submitted please.

In view of above, no further order is necessary at this stage. The application is disposed of.

In view of the order passed above in the main application, I.A. No. 164/2021 stands disposed of accordingly.