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2025 Supreme(Online)(NGT) 1491
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Justice Arun Kumar Tyagi, J, Dr. Afroz Ahmad, EM
Laxmi – Appellant
Versus
Ministry of Environment Forests & Climate & Change – Respondent
Original Application No.525/2022
For the Appellant: Mr. Shubhashish Roy
For the Respondents: Mr. Kumar Rajesh Singh, Ms. Jyoti Mendiratta, Ms. Ananya Basudha, Dr. Aditya Sondhi, Mr. Aman Panwar, Mr. Siddhhant Buxy, Mr. Abhinav Kumanr, Mr. Rijuk Sarkar, Ms. Puja Kalra, Mr. Virendra Singh, Mr. Sarwar Raza, Mohd. Waseem Akram
Procedural compliance and clarity in land status under Indian Forest Act are essential for adjudicating encroachment claims.
Headnote:(A) Indian Forest Act, 1927 - Section 20 - Issue of encroachment on forest land and granting permission for public gatherings discussed. The application alleged unauthorized encroachment on designated forest land. Tribunal deemed earlier orders sufficient, approving disposal of applications deemed infructuous. (Paras 1, 5, 9)
(B) Compliance and Reporting - Administrative compliance is essential for hearings; the Tribunal ordered SDM to clarify land status through proper examination and status report. Lack of proper service noted for several respondents, highlighting procedural issues needing rectification. (Paras 24, 26) Facts of the Case: The applicant claimed encroachment on designated forest land, filing multiple applications against permissions granted for public gatherings. Status reports from local authorities were required for clarity on land ownership and encroachment allegations.
Findings of Court:
Earlier orders effectively addressed core issues; however, precise status of land ownership under the Indian Forest Act remains pending. Ensuring compliance and thorough exploration of claims through proper reporting was mandated.
Issues: The main issues include the validity of encroachment allegations and the necessity of verifying land status concerning claimed forest land.
Ratio Decidendi: Administrative compliance is vital for adjudication; prior orders from the Tribunal govern proceedings, reducing the need for repetitive orders while ensuring clarity in land status. Proper notification adjustment is critical for fair hearings.
Result: Applications allowed as infructuous; orders maintained for procedural clarity.
| Table of Content |
|---|
| 1. application for public gathering permissions. (Para 1 , 4 , 5) |
| 2. exemption from translation requirement. (Para 6 , 9 , 10) |
| 3. claims of encroachment on designated forest land. (Para 12 , 13) |
| 4. procedural service requirements discussed. (Para 20 , 21 , 22 , 23 , 24) |
ORDER
1. I.A. No. 185/2022 was filed by the applicant for directing respondents no. 1 to 6 not to grant the permission to respondent no. 7 to hold the public gathering or any event in respect of birth anniversary of its head on 26.07.2022 and 27.07.2022, on the land of forest comprising of khasra numbers mentioned in the original application situated in the revenue estate of village Bhati, New Delhi.
2. Appropriate orders were passed in the case with respect to the subject matter but inadvertently order disposing of I.A. No. 185/2022 could not be passed. I.A. No. 185/2022 has become infructuous and is disposed of accordingly
3. I.A. No. 57/2023 was filed by respondent no. 7 for amendment of short counter affidavit filed by respondent no. 7. In view of the reasons mentioned I.A. No. 57/2023 is allowed.
4. I.A. No. 635/2023 was filed by the applicant for directing the respondents no. 1 to 6 not to grant the permission to respondent no. 7 to hold the public gathering or any event in respect of birth anniversary of its head on 26.07.2023 and 27.07.2023, on the land of forest comprising of khasra numbers mentioned therein and restraining respondent no. 7 from constructing any structure and/or to erect tents, pandals and to appoint a court commissioner for local inspection as prayed for.
5. Vide order dated 26.07.2023 this Tribunal observed that necessary orders have been passed by this Tribunal vide orders dated 25.07.2022 and 17.10.2022 and there was no necessity to repeat the same. It was further observed that the Administrative Authorities were expected to comply with the same. Inadvertently order disposing of I.A. No. 635/2023 could not be passed. I.A. No. 635/2023 has also become infructuous and is disposed of accordingly.
6. I.A. 441/2025 has been filed by respondent no.2 seeking exemption from filing translation of document 1-copies of revenue record.
7. In the application it has been submitted that translation of record from Urdu to English is not required for the purpose of adjudication of the present application as the relevant part of the documents is already in English language.
8. In view of the reason given I.A. No.441/2025 is allowed subject to all just exceptions
9. Status report dated 22.05.2025 has been filed by DCF, P&M Department of Forest and Wildlife, GNCTD on behalf of respondents no.13 and 14. In the status report it has been mentioned that issue of final notification of Ridge Reserve Forest under Section 20 of Indian Forest Act , 1927 in compliance with the directions of this Tribunal in Judgment dated 15.01.2021 is pending before Court No.1 of this Tribunal in execution applications i.e., E.A. No. 39/2024 in OA No. 58/2013 "Sonya Ghosh Vs. GNCTD & Ors."; Ε.Α. No. 32/2024 in OA No. 10/2024 "Pavit Singh Vs.
GNCTD & Ors." and OA No. 1188/2024.
10. Learned Senior Counsel for respondents no.3, 13 and 14 has also submitted that the issue regarding issuance of notification under Section 20 of the Indian Forest Act , 1927 in respect of the land owned by Gram Sabha which under the orders dated 25.01.1996 and 13.03.1996 passed by Hon’ble Supreme Court of India was to be declared as forest land is pending before Bench No.1.
11. For the purpose of avoiding any conflicting orders, we consider it appropriate not to proceed further in the present case with respect to the above said aspect of issuance of final notification of Ridge Reserve Forest under Section 20 of Indian Forest Act , 1927 which is pending before Court No.1 of this Tribunal.
12. It may be observed here that the applicant had filed the present application alleging encroachment on land bearing Khasra No. 848(6-11), 963(2-08), 969(1-11), 725(19-11), 729(04-04), 730(02-02), 954(08- 08) a
