ORDER

1. Question for consideration is the remedial action for established violation of Forest (Conservation) Act, 1980 in use of protected forest land for non-forest purposes by respondent No.4 Medanta Hospital (Medanta) in Sector 38, Gurgaon with the permission of Haryana Shehari Vikas Parishad (HSVP), who allotted the said land in public auction, after illegal acquisition in the year 2004, which illegality came to light in proceedings before this tribunal in the year 2017.

2. In terms of inspection report of the Regional Officer MoEF dated 11.9.2018, area of reserved forest in question is 5530 sq yards. Medanta has surrendered 3200 sq yards, as confirmed during the hearing by learned Counsel for (HSVP) which will now be used as reserved forest. In lieu of remaining 2330 sq yards, Medanta has offered to give alternative land, at its cost, to be used as reserved forest. Forest Clearance has been duly granted by the MoEF for diversion of the said area for non-forest purposes. Even though it is regretful to note serious violation of Forest Act is transfer of protected forest for non-forest purposes by State authorities which should ideally be reversed and status quo ante reserved, without condoning the illegality, we propose not to interfere with the arrangement suggested by the Medanta and supported by the Forest Department of Haryana and the MoEF&CC in view of irreversible situation created long back but with the hope that such instances are not repeated in future as such arrangement can never result in satisfactory solution and irretrievably result in failure of law. The arrangement will be subject to further conditions as per later part of this order. Peculiar facts of the present case inter-alia are that  the HSVP itself committed illegality in acquiring the land for non-

forest purposes and put the same to auction in the year 2004 which remained unchallenged till 2017,  due approval, though ex post facto, has now been given on

31.10.2019 by the MoEF and  requiring restoring original 2330 sq yards original protected forest land will lead to closure of the Hospital as electricity stations have been set up thereon without clear knowledge of the illegality involved

3. As will be noticed in detail later, stand of Medanta is that the said land was allotted to it in a public auction in 2004, after acquisition and without objection of the forest department. The Medanta surrendered part of land after demolishing the wall and for remaining it has offered alternative land which proposal is supported by the Forest Department of Haryana and is approved by the MoEF&CC. In the peculiar circumstances, though the action of diversion of protected forest is being held to be illegal, the said course of action is not proposed to be interfered subject to liability of the Medanta and HSVP, as indicated in the later part of the order. Details follow.

4. According to the applicant, vide notification dated 06.10.1972 under section 29 of the Indian Forest Act, 1927, Jharsa Bund was notified as protected forest land in Village Jharsa, District Gurgaon. The land was adjacent to Medanta Hospital in Sector 38, Gurgaon which encroached upon the forest land and constructed a concrete wall. The hospital also started dumping garbage and hazardous material causing pollution. The statutory authorities (cid:150) MoEF&CC, Haryana Government including Forest and Revenue Departments failed to perform their statutory obligations. The applicant annexed a copy of Notification dated 06.10.1972 declaring land mentioned therein as forest land and photographs and maps and a copy of complaint dated 26.08.2016 addressed to the statutory authorities alleging illegal encroachment by the Medanta.

5. The application was filed on 17.02.2017 and came up for hearing on 21.02.2017 when notice was issued. By a subsequent order, HUDA and Municipal Corporation, Gurgaon were also added as parties. The matter has been considered by this Tribunal in the last four years by several orders