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2021 Supreme(Online)(NGT) 71

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
SARV JAN KALYAN SEWA SAMITI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Petitioner: VARUN MEHLAWAT
For the Respondent:

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, wi

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