Back
2025 Supreme(Online)(NGT) 1520
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Arun Kumar Tyagi, J, Afroz Ahmad, EM
Laxmi – Appellant
Versus
Ministry of Environment Forests & Climate & Change – Respondent
Original Application No.525/2022
For the Applicant: 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 Kumar, Mr. Rijuk Sarkar, Ms. Puja Kalra, Mr. Virendra Singh, Mr. Sarwar Raza, Mohd. Waseem Akram
The Tribunal emphasized the necessity of timely compliance with environmental laws and administrative procedures to ensure effective resolution of encroachment disputes.
Headnote:(A) Indian Forest Act, 1927 - Section 20 - Application for preventing public gathering on forest land and encroachment claims raised - Multiple interim applications filed regarding permission for gatherings and document translations - Administrative compliance regarding land status under forest notifications has been slow, leading to procedural delays. (Paras 1-26)
(B) Status Reporting and Compliance - Importance of timely compliance with tribunal orders to avoid conflicting judgments - The need for accurate representation of interests for all parties in environmental disputes is critical for proper adjudication. (Paras 9, 13, 17)
Facts of the case:
The applicant alleged encroachment on specific land parcels and sought to prevent gatherings on forest land owned by the government. Several interim applications were filed regarding the same issue, leading to procedural observations by the Tribunal.
Findings of Court:
The Tribunal found that several applications had become infructuous and emphasized the need for compliance from various administrative bodies, particularly in serving notices correctly.
Issues: The main issues involved were the alleged encroachment on forest land and the validity of public gatherings planned on said land.
Ratio Decidendi: The Tribunal reiterated the necessity for administrative authorities to comply with orders regarding the status of disputed land and efficiently handle procedural requirements to avoid further delays.
Result: Cases were listed for further proceedings with directions given to relevant authorities for compliance and report submissions.
| Table of Content |
|---|
| 1. procedural administration regarding public gatherings. (Para 1 , 2 , 3) |
| 2. claims of infringement and compliance with prior orders. (Para 4 , 5) |
| 3. pending notifications and their compliance affect proceedings. (Para 9 , 10) |
| 4. details of land in dispute and encroachment allegations. (Para 12 , 13 , 14) |
| 5. listing for further orders and necessity for compliance. (Para 26) |
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
