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Judgment
The issue for consideration relates to remedial action against illegal constructions raised in violation of the Notification issued by the Ministry of Environment, Forest & Climate Change (MoEF&CC) dated 07.05.1992 under the Environment (Protection) Act, 1986 prohibiting specified activities such as construction in the area covered by the table appended to the Notification without prior permission. The areas covered by the Notification include those mentioned as “Gair Mumkin Pahar” (hillocks) or ‘forest’ in the land revenue records maintained by the State, apart from other categories specified in the said table.
The matter has been dealt with by this Tribunal in the last almost ten years. A committee was constituted to identify the forest land in the area. The Forest Department, Haryana gave its report dated 18.06.2020 to the effect that prosecution was filed against 513 identified persons. Show cause notice was issued to 195 persons for illegal construction in forest land in Nuh and Faridabad Districts.
Vide order dated 26.08.2020, the Tribunal directed further steps for removing encroachments. The said order was reiterated later vide order dated 22.09.2021 as follows:-
“
Having considered the matter, we direct the Chief Secretary, Haryana to depute a competent officer to oversee compliance of order of this Tribunal dated 26.08.2020 for removing illegal encroachments and illegal constructions. The officer should be of the rank not below the rank of Additional Secretary to the Haryana Government. The officer may monitor compliance by clearly understanding the scope of action to be taken so that this Tribunal is not in the dark about the stand of the State, in absence of consolidated response of the State. Such Nodal Officer may file a compliance report after ascertaining all the facts within three months before the Tribunal by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
Similar direction is also required in respect of Rajasthan. Affidavit filed on behalf of the State of Rajasthan on 22.06.2021 mentions the extent of encroachments and remedial action taken as follows:
“5.With regard to above mention land, earlier there were 724 proceedings of encroachment was registered and encroached area was 599.02 Hector. At Present as per information, vide letter dated 28.12.2020 only one proceeding under section 91 of Rajasthan Land Revenue Act is pending out of 724 cases. Copy of letter dated 28.12.2020 issued by ADM Alwar is annexed as Annexure R-2
The Forest land recorded in Alwar Forest Division under Aravalli Notification dated 07.05.1992 are as under:
Sr.
Nature of Land
Hector Area
1
Gair Mumkin Pahar
45859.72
2
Gair mumkin Rada
419.63
3
Gair Mumkin Behad
901.381
4
Banjad Seed
6.13
5
Rundh
19483.32
6
Other Forest Land
5503.91
Total
72174.091
That with regard above mentioned forest land, total of 310 (225 +85) case are pending before learned Court till 15.12.2020 and the encroached area is 39.0811 (9.8353 + 29.2458) Hector. Copy of the letters dated 28.12.2020 &21.12.2020 is annexed and marked as Annexure R-3
The Forest land recorded in Sariska Tiger Reserve under Aravalli Notification dated 07.05.1992 are as under:
Sr. No.
Nature of Land
Hector Area
1
Gair Mumkin Pahar
46304.97
2
Gair mumkin Rada
929.46
3
Gair Mumkin Behad
795.77
4
Banjad Seed
-
5.
Banjad Charaagh
670.87
6.
Rundh
56530.85
7
Other Forest Land
978.78
Total
106210.89
With regard to above mentioned land till November 2020, 44 proceedings subjected to section 91 of Rajasthan Land Revenue Act are pending. Copy of the letter dated 14.12.2020 is annexed as Annexure R-4.”
The above information being inadequate, we direct the Chief Secretary, Rajasthan also to nominate the officer not below the rank of Additional Secretary to monitor compliance and file an affidavit within three months before the Tribunal by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
The States of Haryana as well as Rajasthan, in their next affidavits, may give the details of proceedings pending in the Hon’ble Supreme Court having bearing on the present proceedings and specifically mention whether there is any bar for this Tribunal to proceed further in the matter.”
The Chief Conservator of Forest, South Circle, Gurugram has filed status report dated 08.12.2022 to the effect that the State Government of Haryana has appointed Conservator of Forest (South Circle) as Nodal officer vide Memo no 357- Ft- l-2022/634 dated 11.02.2022. In compliance of the orders of the Hon'ble NGT, Government of Haryana constituted District Committees vide order No.l495-Ft-l-2019/2013 dated 08.07.2019 in Gurugram and Faridabad Districts. The District Committees identified responsible departments in the district (viz. DTP, HSPCB, Municipal Corporations/Councils, Forest, Revenue etc.) according to their jurisdiction for identification/removal of violations. The responsible departments have worked towards removal of violations/encroachments in their jurisdiction and have submitted action taken reports. District Committees have compiled and submitted Action Taken Reports (ATRs) for removal of violations/encroachment for their respective Districts. Brief summary of action taken for removal of violation in the districts is as follows:
S.N
Name of District
Summary of Action Taken
1.
Nuh
In Nuh District l0 no. of violations were identified in the area notified under section 4 and/or 5 of PLPA, 1900.
Action has been taken and in 9 cases, structures have been demolished and area has been restored.
One remaining case is of CRPF campus in PLPA area for which Notice was issued. In reply to the notice, CRPF authorities have submitted that only temporary structure has been erected for stay of firing team and no other permanent structure except boundary to protect human, cattle and wildlife during firing practice has been erected.
Action taken report of district Nuh is placed as Annexure- 1 .
2.
Gurugram
In Gurugram district, no of violations that was reported/identified in the area covered under Arravali Notification dated 07.05j992 were as under:
· 513 violations have been identified by Haryana State Pollution Control Board in Arravali Notification area besides PLPA.
· 52 violations were reported in area notified under section 4 and/or 5 of PLPA, 1900
HSPCB has reported that they have prosecuted 513 cases for violation of Aravali Notification dated 07.05.1992. Action for removal/demolition of structures has been taken by MC Sohna, MC Gurugram or DTP as per areas falling in their jurisdiction.
MC Sohna had demolished 80 structures out of 424 structures in the area falling under its jurisdiction. There has been a stay order in 165 no. of cases. Further, prior notices have been served to carry out demolition scheduled to be carried out on dated 12.12.2022.
MCG had 80 no of violations identified it the area falling under its jurisdiction. MCG had removed violation in Sikandarpur Ghosi area where 59 no of violations were identified and restoring 5 acre of land. MCG had also removed encroachment in 7 acres of land in Gwalpahadi. Further, MCG had identified and demolished l9 no. farmhouses constructed in violation at village Bandhwadi.
DTP has demolished 5 farmhouses and sealed 4 farmhouses in area falling in under its jurisdiction.
Forest Department has removed violation from -63 acres of forest land. This includes demolition of farmhouses on 15 acres of land in Gwalpahadi; Juggi clusters in l0 acres at Ghata, 2 acres at Basai, 2 acres at Kadipur. Another 14 structures/farmhoses in 30 acre of land at Gwalpahadi and 4 farmhouses on 4 acre of land in Raiseena has been removed.
Action taken report of district Gurugram is placed as Annexure-l.
3.
Faridabad
In compliance of the order of the Hon'ble Supreme Court in matter of Khori Gaon Residents Welfare Association v/s Union of India, CWP No. 722017221, in Faridabad district, more than 6600 jhuggis from about
150 acres of land in revenue estate of Lakkarpur Khori boundary walls and structures of l0 farmhouses/marriage places had been demolished comprising area of around 65 acres by Municipal Corporation Faridabad.
Meanwhile violators/ illegal structure owners approached Hon'ble Supreme Court. Hon'ble Supreme Court deliberated on the forest status of area notified under PLPA. Therefore the demolitions were kept in abeyance pending Hon'ble Supreme Court decision in the matter.The Hon'ble Supreme Court vide its judgement dated 21.07.2022 pronounced that lands covered by the special orders issued under Section 4 of PLPA is forest land and also directed that before the action of removal of the illegal structures, concerned competent authority to afford an opportunity
of being heard to the affected persons and conclude such proceedings finally not later than three months from the date of order. Consequently, a committee under the chairmanship of Deputy Commissioner and four other members has been constituted to verify the unauthorized structures identified by Divisional Forest Officer in four villages namely LakarpurKhori, MewlaMaharaj pur, Anangpur and Ankhir.
The Committee is verifying the unauthorised structures in area notified under section 4 of PLPA. Simultaneously, Notices are also being given to violators to remove the encroachments. The committee has also to verify/examine the claims submitted in response to the notice received for removal of unauthorized structures.
The status of encroachment removal in Faridabad is as under
Name of Village
Area Details of the land where violation/encroachment has been removed
(Acres) approx.
Lakkarpur
150 Acre
Ankhir
42 Acre
MewlaMahrajpur
2l Acre
Badkhal
1l Acre
GothdaMohtabad
1 Acre
Pali
3 Acre
Total
~228 Acre
Action Taken Report of district Faridabad is placed as Annexure-3.
A status report seeking grant of further time has been filed before Hon'ble Supreme Court of India and copy of same are annexed
herewith as Annexure-4
An affidavit dated 25.01.2022 has also been filed on behalf of State of Rajasthan mentioning the action taken for removing encroachment over the land covered by Notification dated 07.05.1992 as follows:-
“
It is humbly submitted a total of 58908.635 hectares of land has been recorded by the Revenue department under Aravalli Notification. The forest land recorded in the Alwar forest division under Aravalli Notification is 72174.091 hectare area and the forest land recorded in Sariska Tiger Reserve under the notification is 106210.89 hectares area.
It is humbly submitted that in last five years a total of 983 cases have been registered against the violators i.e. Farmhouse owners under the environment protection Act 1986, Land revenue Act 1956, Rajasthan Forest Act 1953 and other legal provisions. Year-wise details from 2017 to December 2021are as under.
Year
2017-
2018-
2019-
2020
2021-22 (Till 31.12.2021)
No. of Cases
275
144
173
252
139
It is submitted that in last five years, a total of 782 illegal constructions and encroachment including farmhouse have been identified and demolished by the authorities to protect the Aravalli notified land. Year-wise details from 2017 to December 2021 are as under.
Year
2017-18
2018-19
2019-20
2020-21
2021-22 (Till 31.12.2021)
No. of Demolitions
252
107
141
241
41
It is submitted that in last five years, the Authorities have seized 709 vehicles on the account of illegal mining and non forest activities in the notified region. Year-wise details from 2017 to December 2021 are as under.
Year
2017- 18
2018- 19
2019- 20
2020- 21
2021-22 (Tin 31.12.2021)
No. of Seized 'chicks
102
121
115
203
168
It is submitted that various actions have been taken by the department from 2017 to December 2021 in regard to protecting the notified land. The year wise statistics as noted above is reproduced Tehsil wise in the compliance report annexed herewith as Annexure R-1.”
We have further considered the matter in the light of above background with the assistance of learned Amicus Curiae.
Learned Amicus Curiae submits that since encroachments still exist, a monitoring Committee may be appointed and proceedings may be continued by the Tribunal till all encroachments are removed on the principle of ‘continuing mandamus’.
We are however of the view that having monitored the matter for almost ten years, the encroachers having been identified and the States of Rajasthan and Haryana having constituted their monitoring mechanism, it will be appropriate to direct that further remedial action may be taken by the States of Rajasthan and Haryana in accordance with law. The compliance may be monitored at the level of Chief Secretaries of the respective States periodically, preferably on quarterly basis. If there is any grievance against any specified violation, it wil be open to the aggrieved parties to take remedies as per law.
The Application is disposed of.
A copy of this order be forwarded to the Chief Secretaries of Rajasthan and Haryana by e-mail for compliance.