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2024 Supreme(Online)(NGT) 1464

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
MR. ARUN KUMAR TYAGI, J, DR. A. SENTHIL VEL, EM, DR. AFROZ AHMAD, EM
MR. JATINDER SETHI – Appellant
Versus
Union of India – Respondent
Original Application No. 1068/2024



Advocates:
For the Appellants/Petitioners: Mr. Vikas Mishra, Ms. Aditi Sharma, Mr. Krishna Dev Yadav
For the Respondents: Mr. Rahul Khurana, Mr. Saurav Sharma

The Tribunal established that non-forestry activities on designated forest land without approval violate environmental laws, mandating immediate action and restoration efforts.

Headnote:(A) National Green Tribunal Act, 2010 - Sections 14, 15, 17, and 18 - Illegal non-forestry activities on designated forest land - Residents filed an application for injunction restraining such operations and seeking environmental restoration - Tribunal observed the urgent need for restoration and compliance with environmental laws, directing removal of illegal structures, plantation and penalty for violations. (Paras 1, 10, 24)

(B) Environmental Violation - Tribunal held that actions undertaken without necessary permissions under Forest Conservation Act, 1980 were illegal, imposing obligations on local authorities to respond to environmental grievances. (Paras 4, 22)

Facts of the case:
Residents of Lakewood City contend that illegal activities on forest designated land are causing environmental degradation without required permissions, affecting their health and the neighborhood. Prior complaints to authorities went unaddressed.

Findings of Court:
Tribunal confirmed findings from the Joint Committee regarding illegal activities and violations against the environmental laws, ordering remedial actions including closure of unauthorized operations and restoration of the land.

Issues: Main issues pertained to the legality of non-forestry operations on protected land without necessary permits and responsibilities of authorities in responding to environmental violations.

Ratio Decidendi: The court emphasized that forest land under special notifications must retain its status as such, mandating permissions for any non-forestry activities. Authorities must act on environmental complaints effectively.

Result: Application allowed; directives issued for immediate action against illegal activities and restoration measures.

Table of Content
1. residents filed an application citing illegal activities on forest land. (Para 1 , 2 , 3)
2. tribunal ordered a detailed report on illegal activities. (Para 4 , 5)
3. authorities must act on environmental grievances. (Para 6 , 10 , 22)
4. non-forest activities on protected land require approval. (Para 20 , 21)
5. tribunal allowed the application, mandating remedial actions. (Para 24 , 26)

ORDER

1. The applicants- residents/owners of houses/plots of Lakewood City, a residential colony, situated in Sector-39, Village Lakkarpur, Faridabad have filed the present Original Application under Section 14 read with Section 15 , 17 and 18 of the National Green Tribunal Act , 2010 seeking the following reliefs :-

“(a) Pass an order of permanent injunction thereby restraining any and all kinds of persons including the Respondent No. 7 i.e. the unknown persons or any person acting through them from carrying out all or any non-forestry activity, including but not limited to illegal and unauthorised activities of illegal storage of sand, concrete stone, etc., unloading and loading thereof and sale thereof, grinding, creating of quartzite stone (also known as Delhi stone) at the Subject Land i.e., Khasra No. 1387 of Village Anangpur, Faridabad, Haryana;

(b) Pass an order thereby appointing an expert Committee (as deemed fit by this Hon’ble Tribunal) to conduct surprise inspection on the land being Khasra No. 1387 of Village Anangpur, Faridabad, Haryana (the Subject Land) and file a detailed report including the following:

(i) Identification of the entities/persons behind the said illegal activities being undertaken at the Subject Land;

(ii) Details of activities and modus operandi of the same being carried out at the Subject Land;

(iii) Kinds of permission/license/consent/no› objection certificate taken from government authorities including from the Respondents herein for operating the alleged activities at the Subject Land;

(iv) Assess the impact and effects of the dust and noise pollution in the Lakewood City/Colony and neighbouring societies caused by the alleged activities being undertaken at the Subject Land including medical check-ups of the Applicants, their family members and support staffs deployed at the Lakewood City;

(v) Assess the damage being caused to the environment and to the public at large including to the Applicants.

(c) Direct the Respondents Nos. 5 to initiate stringent action against the Respondent No.7 and persons identified in the report of the expert committee as prayed in prayer (b) under the provisions of the Air (Prevention and Control of Pollution) Act , 1981 and the Water (Prevention and Control of Pollution) Act , 1974 for carrying out the illegal and unauthorised activities of illegal storage of sand, concrete stone, etc., unloading and loading thereof and sale thereof, grinding, creating of quartzite stone (also known as Delhi stone) at the Subject Land i.e., Khasra No. 1387 of Village Anangpur, Faridabad, Haryana, without obtaining the Consent to Operate/Consent to establish under such provisions;

(d) Pass an order thereby directing the Respondent Nos. 6 to demolish/ remove all or any the illegal and unauthorised structures erected on the land being Khasra No. 1387 of Village Anangpur, Faridabad, Haryana (the Subject Land) and stored sand, concrete stone, etc., on the Subject Land by the Respondent No. 7 and/ or persons identified in the report of the expert committee as prayed in prayer (b) or any person acting through them;

(e) Pass an order of permanent injunction thereby restraining the Respondent No.7 and persons identified in the report of the expert committee as prayed in prayer (b) or any person acting through them from carrying out the illegal and unauthorised activities of illegal storage of sand, concrete stone, etc., unloading and loading thereof and sale thereof, grinding, creating of quartzite stone (also known as Delhi stone) at the Subject Land i.e., Khasra No. 1387 of Village Anangpur, Fa

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