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2024 Supreme(Online)(NGT) 3384

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Vijay Kulkarni, Expert Member
Rashid Noor Khan – Appellant
Versus
Principal Chief Conservator of Forest – Respondent
Original Application No. 160/2024(CZ)



Advocates:
For the Appellants/Petitioners: Mr. Yashdeep Singh Thakur, Adv. (with Mr. Aakash Ambedkar, Adv., Mr. Rashid Noor Khan – In person)
For the Respondents: Mr. Enosh George Carlo, Adv., Ms. Parul Bhadoria, Adv. (with Mr. Gaurvanvit Jain, Adv.), Mr. Prashant M. Harne, Adv. (with Mr. Mehul Bhardwaj, Adv.), Ms. Disha Chouksey, Adv. (for Ms. Gunjan Chowksey, Adv.), Mr. Swapnil Chaturvedi, Adv., Mr. Shantanoo Saxena, Adv. (with Ms. Amrita Mishra, Adv.), Ms. Diksha Chaturvedi, Adv., Mr. Abhishek Shrivastav, Adv.

Encroachments on deemed forest land require immediate removal per demarcation; sustainable development near wildlife corridors mandates forest inputs; time-barred claims on pre-existing structures not maintainable before NGT.

Headnote:(A) Forest (Conservation) Act, 1980 - Section 2 - Indian Forest Act, 1927 - Section 29 - Wildlife (Protection) Act, 1972 - National Green Tribunal Act, 2010 - Sections 14, 15 - Protection of tiger habitat and corridors - Encroachments on forest land - Deemed forest as per dictionary meaning and government records - Prior Central Government approval mandatory for non-forest activities - Area not notified as tiger reserve or eco-sensitive zone but frequent wildlife movement observed - Pre-existing constructions time-barred under limitation - Directions for removal of identified encroachments, demarcation, and sustainable development planning. (Paras 4, 9, 20, 37, 44)

(B) Environmental Law - Tiger conservation - Human-wildlife conflict - State obligations to demarcate forest lands, install warning boards, fencing, and monitoring - Development projects require wildlife mitigation measures like underpasses and fencing - Town planning to consider forest department inputs for sustainable development near wildlife corridors. (Paras 36, 44, 46)

Facts of the case:
Applicant sought protection of tiger habitat and breeding grounds from encroachments, alleging violations by educational institutions, resorts, farms, and infrastructure projects fragmenting corridors near dams. Joint committee inspected sites, noting temporary structures, green belts, fencing, and pending forest diversions. Previous orders addressed similar issues, with encroachments partially removed but some persisting on notified protected forest land.

Findings of Court:
Area rich in biodiversity with tiger movement but not notified tiger reserve; forest department taking precautions like patrolling, e-surveillance; encroachments on specific khasra numbers to be removed per demarcation; Western bypass road proposal under process with mitigation; consolidated development plan recommended.

Issues: Whether alleged activities violate forest and wildlife laws; maintainability under limitation; need for tiger corridor notification; measures to prevent human-tiger conflict; validity of encroachments and non-forest activities.

Ratio Decidendi: Tribunal lacks jurisdiction over time-barred claims on pre-existing structures; forest encroachments actionable under revenue and forest laws with immediate removal; sustainable development mandates inter-departmental coordination near wildlife areas without overriding urban planning approvals; wildlife conservation through administrative measures, not judicial notification of reserves.

Result: Original Application disposed of with directions for encroachment removal, forest department precautions, town planning considerations, and implementation of committee recommendations.

Table of Content
1. tiger habitat and corridor protection in chandanpura forest. (Para 1 , 2 , 10 , 11 , 12 , 13)
2. encroachments and violations by jlu and others. (Para 3 , 4 , 5 , 6 , 7 , 14 , 15 , 16 , 17 , 18)
3. joint committee site inspection findings. (Para 8 , 36 , 37)
4. prior ngt orders and walmi defenses. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29)
5. maintainability and limitation objections. (Para 30 , 31 , 32 , 33 , 34 , 35)
6. court analysis, directions, and disposal. (Para 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49)

JUDGMENT

1. Issue raised in this application is protection of Tiger habitat and breeding ground and to avoid the human-tiger conflict and to protect the forest land from encroachments.

2. The submission of the applicant is that the Chandanpura Forest Region, situated between Kerwa and Kaliyasote Dam acts as safety Valve in maintaining this delicate Ecological balance, is also a Tiger Habitat and breeding ground due to which this forest has been notified as protected forest and the entire Ecology is thus safeguarded or regulated by Forest Protection Act, Environmental Protection Act, Biodiversity Act, Wildlife Protection Act and the State being signatory of various international conventions, is bound to preserve, protect and conserve this forest region, alongwith its peripherial areas which are part of and forms the buffer zone for Chandanpura Forest Region.

3. It is further submitted that, due to continuous interference, disturbance, encroachment and destruction of Forest by Humans, the inhabitant Tiger are facing the danger of being forcefully removed from this Forest Region, and the Western Ringroad Project is the last blow to cut of and fragment the Tiger corridor, so that the movement of Tigers cease to exist and the breeding ground of Tiger be made inaccessible to the Tigers and that Respondent No. 9, is operating a full-fledged university in the midst of Tiger Habitat and Breeding ground, without taking any Forest Clearance, under the guise of Student Enrichment Hub where only extracurricular activities are permitted but does not include academic activities.

4. That, numerous events of forest fire have occurred frequently on behest of JLU and are reported along the periphery of JLU campus, tree cover has been reduced for newer construction as evident by the comparison of images in following Para and that under the guise of educational institute, slash and burn method has been adopted by JLU for encroaching the forest land all along its periphery, which is evident from the newspaper publication dated 24.06.2024, where action has been taken by authorities to remove the illegal boundary measuring more than 200 meters on the forest land, where JLU has slowly adopted slash and burn method to remove forest cover. These disgraceful and illegal actions of JLU establishes beyond doubt that the only purpose of the respondent JLU is to grab land under the guise of educational Institute.

5. The death of a healthy tigress and her cub Kms away from JLU, just 4 days after its sighting must be seriously looked into and enquired of any foul play. this hill is covered from all side by thick forested belt having a highly dense canopy but the top of this hill, Khasra No 89/2 with Z7 & Z5, has been systematically cleared of tree cover and now plotting has been done to further increase the non-forest activities along with human induced disturbances and various pollutions, with roads being made by cutting side of the hill, most importantly within few meters from Tiger saucers where Tiger and Wildlife frequently comes to quench their thirst and cool down their body.

6. Plotting has been done without the permission from the competent authority, and entire Danish hill with its slope is facing Kaliyasot River. In contravention of the orders passed by the Hon’ble Supreme Court of India in T.N. Godavarman Thirumulkpad v. Union of India & Ors. Case. Through establishing Nagar Van Respondent No.5 wants to chan

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