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2025 Supreme(Online)(NGT) 1576
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Prakash Shrivastava, CJ, Dr. A. Senthil Vel, EM
Raja Muzaffar Bhat – Appellant
Versus
Union Territory of Jammu & Kashmir – Respondent
IA No. 223/2025
For the Appellants/Petitioners: Mr. Saurabh Sharma
For the Respondents: Mr. Tahir Majid Shamsi, Mr. Akash Chandrayan, Mr. Gautam Singh
Environmental concerns regarding construction projects necessitate verification of land allotment before legal action can be initiated.
Headnote:The National Green Tribunal addressed an original application concerning the potential felling of trees for constructing a new NIT campus, citing environmental concerns. Respondents clarified no land has been allotted at present, rendering the application premature. The Tribunal's primary conclusion emphasized the lack of immediate action, dismissing the application but allowing future applications if necessary.
| Table of Content |
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| 1. potential tree felling for campus construction is challenged by lack of land allotment. (Para 1 , 2 , 3) |
| 2. the application is premature; no current approvals for construction exist. (Para 4 , 5) |
ORDER
1. The Applicant has approached this Court by way of the original application with the plea that the State Authorities are planning to cut a large number of high density green trees of various species standing in the horticultural zone of Newa also known as Newa Karewas Region in the Qariwa-Ranbirpura in District Pulwama of Jammu & Kashmir for setting up of a new NIT campus in Pulwama.
2. Considering the grievance raised by the Applicant, the Tribunal by the order dated 01.04.2025 had issued notice to the respondents and had also directed the Respondent No. 5 to disclose the entire plan of construction of NIT Campus and number of trees which are proposed to be cut in the process of the construction.
3. The Respondent No. 5, NIT Srinagar has filed the response by stating that no land has been allotted, transferred or handed over to NIT, Srinagar in Newa Karewas and NIT, Srinagar is currently operating in a small campus with approximately 67 acres. The reply reveals that the Respondent No. 5 is making efforts for allotment of land, but no such allotment has been made till now. The stand of Respondent No. 5 in the affidavit dated 22.07.2025 is as under:
“Preliminary Objections:
b) That the Answering Respondent most humbly submits and clarifies that no land has been allotted, transferred, or handed over to NIT Srinagar at Newa Karewas, Pulwama, or elsewhere. Further, no possession of the proposed land has been taken. Thus, the Applicant’s claims regarding felling of trees, ecological degradation, or biodiversity loss are premature and devoid of merits and factual basis.”
4. The Respondent No. 2, Deputy Commissioner, Pulwama has also filed the reply affidavit dated 24.07.2025 taking the same stand as taken by the Respondent No. 5. The Respondent No. 5 in his reply has clearly stated that the project, if any, will be undertaken with all requisite permissions. The said stand of Respondent No. 5 in the affidavit is as follows:
“xxx ………………………………xxx……………………………………xxx f. That even otherwise, the Respondent Institute remains fully committed to environmental conservation and will not undertake any project without the requisite environmental clearances. Needless to mention that any site that may ultimately be selected for the establishment of an additional campus shall be subject to comprehensive due diligence, and full compliance with applicable environmental and regulatory norms.”
5. Having regard to the above, we are of the view that the OA at this stage is pre-mature. Hence, it is dismissed, however, with the liberty to the Applicant to approach the Tribunal, if any cause of action arises in future.
