NGT applications barred by limitation if filed beyond 5/6 years from when environmental cause of action first arose; ongoing land use post-complete construction not continuing cause of action, per special Act provisions.

ORDER

1. Applicant no. 1 in person; Shri Rahul Khurana, Learned Counsel is appearing for respondents 3, 4, 6, 7, 9 and 10 and Shri Pinaki Misra, Learned Senior Counsel along with Shri Sanjeev Ralli, Learned Senior Counsel assisted by Shri Shubham Yadav and Shri Ravikant Yadav, Learned Counsels appear for respondent 8.

2. This Original Application (hereinafter referred to as ‘OA’) under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been preferred by two applicants- Rajinder Krishan Sharma and Pawan Kumar Bansal, alleging that Notified Protected Forest land of “Sikanderpur-Nathupur Bund” and “Nathupur Drain” has been illegally encroached upon by respondent 8 for raising commercial building project namely ‘Ambience Island Lagoon Apartments’ contrary to the provisions of Environment (Protection) Act, 1986, (hereinafter referred to as ‘EP Act, 1986’); Indian Forest Act, 1927 (hereinafter referred to as ‘IF Act, 1927’); and Forest (Conservation) Act, 1980 (hereinafter referred to as ‘FC Act, 1980’). Applicants have sought a restrain order directing respondent 8 and its agents etc., from making any further construction activity and felling of trees on the above Notified Protected Forest land and further direction for removal of construction material and machinery from green belt and road laid down on the said land.

3. Facts in brief stated in OA are, that, applicant 1 is a retired Officer of Indian Forest Service and applicant 2 is a Journalist. They are basically working for protection of environment being environmentally conscious people and have visited this Tribunal by means of present application for protection of environment.

4. State Government of Haryana, vide Notification dated 02.12.1981 (page 25 of paper book), issued under Section 29 of IF Act, 1927, has declared certain land, mentioned in the Schedule, as ‘Protected Forest’ which included at item 67, ‘Sikanderpur-Nathupur Bund’ under the title ‘Name of Bunds’. Further, by Notification dated 05.07.1985 (page 33 of paper book), earlier Notification dated 02.12.1981 was amended and certain further areas were included therein, as ‘Protected Forest’ and under the heading “Name of Drains” at item no.17, ‘Nathupur Drain’ was included. It is thus contended that under above Notifications ‘Sikanderpur-Nathupur Bund’ and ‘Nathupur Drain’ both are ‘Protected Forest’.

5. Nathupur is a village situated in Aravali belt of District Gurgaon, State of Haryana. Area is prone for heavy floods during rainy seasons. To cope with heavy floods through Nathupur drain emanating from hills, the State Government constructed a flood protection bund which is called as “Sikanderpur Nathupur Bund”. It was constructed about more than 50 years ago across Nathupur drain covering “Sikander Nathupur land” upto Delhi border. Respondent 8 raised certain constructions on the land which is part of the above ‘Protected Forest’, hence, a Damage Report was prepared on 14.05.2008 by Forest Department alleging that behind “Ambience Mall”, “Ambience Island Lagoon Apartment” has encroached upon 380 meter (cid:215) 16 meter bund area and constructed buildings etc., thereon. A total 6080 m² area of bund has been encroached, which is in violation of FC Act, 1980 and IF Act, 1927.

6. Prosecution Case No. 7G/08-09 was filed against Developer which was challenged in proceedings