Tribunals and CommissionsFull Bench(2022) 03 NGT CK 0021

M/s Sonia and Co. (P) Ltd vs Govt. of NCT of Delhi

National Green Tribunal · Decided on 11 March 2022

HON’BLE JUDGES
Adarsh Kumar Goel, CP · Sudhir Agarwal, JM · Prof. A. Senthil Vel, EM
RESULT
Dismissed
CASE NUMBER
Original Application No. 207 2022 (I.A. No. 57, 58 Of 2022)

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Judgment

6 paragraphs · 183 words
1.

This application seeks quashing of notice dated 21.02.2022 issued by the Forest Department of Delhi for removing encroachment from forest land.

2.

We have heard learned Counsel for the applicant and considered the matter, including the maintainability of the application.

3.

We find it difficult to entertain the application. Apart from the fact that this Tribunal can be approached under Section 14 of the National Green Tribunal Act, 2010 by victim of environment only, it is not the case of the applicant that the land from which encroachment is being removed is not forest land. Once it is so, even if the applicant has purchased the same from someone who is not owner (as no one can be owner of the forest land), the Applicant cannot claim right to continue in forest land which cannot be used for non-forest purposes.

4.

Faced with the above, learned counsel for the applicant seeks permission to withdraw the application to take any other remedy.

The application is dismissed as withdrawn.

In view of order in the main matter, all pending I.A.s also stand disposed of.