The Tribunal acknowledged the ongoing efforts by local authorities to manage illegal constructions in forest areas, concluding no further orders were necessary at this time.

ORDER

1. Grievance in this application is against non-forest activity in forest area at Khasra Nos. 833, 838, 605 and 619, Nathupur village, District Gurgaon, Haryana. According to the applicants, they are residents of V-10 Licensed Colony, DLF Phase-3, Sector 24 next to Delhi Gurgaon Border on MG Road Gurgaon. It is stated that the area in question is described as Gair Mumkin Pahar in the land record. In view of Notification dated 07.05.1992, the area is part of Aravali and has to be taken as forest area where non forest activities are prohibited. Inspite of this, non-forest activities such as cutting of trees and raising of constructions are taking place in violation of Forest (Conservation) Act, 1980 , as interpreted in the judgment of the Honble Supreme Court in T.N. Godavarman Thirumalpad v. UOI , (1997) 2 SCC 267 Further reliance has been paced on M.C. Mehta v. UOI , (2018) 18 SCC 397 and M.C. Mehta v. UOI ,(2004) 12 SCC 118 The applicants have relied upon letters dated 22.08.2019 and 08.02.2021 addressed to the Municipal Corporation Gurgaon and newspaper report dated 11.06.2021 in Hindustan Times titled Encroachment found near city Aravalli Park. Several photographs have been filed in support of the allegation of construction activities in the area. Further, reference has been made to the orders passed in SLP(C) No. 7220- 7221/2017, Municipal Corporation, Faridabad v. Khori Gaon residents welfare association & Ors. relating to village Khori in Faridabad District directing demolition of construction in forest area. Reliance has also been placed on orders of this Tribunal dated 05.03.2019 in O.A. No. 407/2017, Lt. Col. (Retd.) Sarvadaman Singh Oberoi v. State of Haryana & Ors. and dated 26.08.2020 in O.A. No. 04/2013, Sonya Ghosh v. State of Haryana & Ors.

2. Vide order dated 10.08.2021, the Tribunal sought a factual and action taken report from a joint Committee of Divisional Forest Officer, Gurgaon and Municipal Corporation Gurgaon.

3. Accordingly, the joint Committee has filed its report on 18.04.2022 as follows:-

11. That it is submitted that Consolidation (Chakbandi) of land never occurred in revenue estate of village Nathupur, Gurugram. Local people of village Nathupur are holding scattered land adjacent to V-10 Street (DLF Phase-III) and are using V-10 Street as thoroughfare to reach their land, hence it is not possible to block the way of local residents. In order to control/restrict the activity of illegal carrying of C&D Waste by large vehicles, low height barrier has already been installed, RCC column gate visible in photo is also estimated to be more than 20 years old. Photograph of the same are attached as Annexure R/2. That it is further submitted that CWP No. 6057 of 2021 titled as DLF-3 Voice An Initiative for Better Living Vs UOI & Ors is already pending before Hon’ble Punjab and Haryana High Court at Chandigarh which relates to same cause and listed for hearing before the Hon’ble Court on 30.08.2022. The copy of order dated 16.03.2021 passed in said CWP is attached as Annexure R/3.

12. That further to restrict illegal dumping of C&D Waste, enforcement measures has been increased in Zone-III area of MCG (including Nathupur). The enforcement team of MCG is taking proactive action against illegal dumping of waste from time to time by way of impounding and challaning of vehicles carrying C & D waste. The challan amount has been fixed between Rs. 10,000 to Rs. 50,000 depending upon the number of violation. Further, Concessionaire of MCG has been asked on urgent basis to assess and lift illegal C&D Waste dumped on MCG land for further processing and disposal.

13. That the land in question is included in the general order under section 4 of PLPA regulating felling of trees. Therefo