NGT Directs Uttarakhand Authorities to Expedite Action on Osho Ganga Dham's Alleged Forest Encroachment and Violations of Forest (Conservation) Act, Water Act & Air Act Within Six Months - 2025-05-28

NGT Orders Swift Action on Alleged Forest Encroachment and Violations by Osho Ganga Dham in Tehri Garhwal

New Delhi: The National Green Tribunal ( NGT ), Principal Bench, comprising Hon’ble Mr. Justice Arun Kumar Tyagi (Judicial Member) and Hon’ble Dr. Afroz Ahmad (Expert Member), has directed various Uttarakhand state authorities to take expedited action, preferably within six months, on allegations of forest land encroachment, lease violations, and lack of statutory compliances by M/s Osho Ganga Dham (Janki Kutiya) in Tehri Garhwal . The order was pronounced on May 26, 2025, in an Original Application registered suo motu based on a complaint by Mr. Nitin Dev .

Case Background: Allegations of Environmental Damage and Deceptive Practices

The case originated from a complaint dated November 22, 2023, by Mr. Nitin Dev , alleging that Osho Ganga Dham (Respondent No. 5), located at Brahmapuri, Tehri Garhwal , had engaged in: * Systematic encroachment on forest land beyond the leased area (Lease No. 52, measuring 0.2089 hectares). * Illegal cutting of trees for commercial expansion. * Operating as a commercial hotel/resort under the guise of a spiritual ashram, thereby violating lease conditions which stipulated use solely for spiritual purposes. * Non-compliance with fire safety, tourism, and pollution control regulations.

The NGT had constituted a Joint Committee, including representatives from the District Magistrate (DM) Tehri Garhwal , Divisional Forest Officer (DFO) Tehri Garhwal , and the Uttarakhand Pollution Control Board (UKPCB), to investigate the matter.

Key Findings of the Joint Committee and Authorities

The Joint Committee's inspection on September 24, 2024, and subsequent reports from various authorities revealed several discrepancies:

Encroachment: Osho Ganga Dham was found in possession of 0.4146 hectares, which is 0.2057 hectares more than the sanctioned lease area of 0.2089 hectares.

Lease Status: The original lease (No. 52) was renewed in 2001 in the name of Swami Vivekanand Das , who passed away on June 28, 2011. Since his death, Mr. Prem Chaitanya has been in possession of the property, now operating as Osho Ganga Dham .

Pollution Control: The premises lacked a Sewage Treatment Plant (STP), having only a septic tank near the riverbank. The UKPCB had directed the institution to obtain necessary consents under the Water (Prevention and Control of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981. Subsequently, the UKPCB issued a show-cause notice for closure and discontinuation of power/water supply due to non-compliance.

Other Non-Compliances: Notices were issued by relevant authorities for lack of a fire-fighting system, absence of a food license, and use of domestic LPG cylinders (though no forest wood was being used for cooking).

Floodplain Construction: Structures including a hall, residential cottages, and temporary tin sheds were found constructed within the 100-year flood frequency zone, approximately 63 meters from the center of the Ganga River.

Forest Department Action: The Forest Department stated that the lease was non-transferable and that use by Prem Chaitanya after the original lessee's death constituted illegal encroachment. Eviction proceedings under Section 61A of the Indian Forest (Uttarakhand Amendment) Act, 2001, and a case (Rajivad No. 09/Shivpuri/2024-25) were initiated. A notice was also issued on February 7, 2025, directing Osho Ganga Dham to vacate the encroached forest land (0.2057 ha) by February 16, 2025, based on an undertaking given by them in the eviction proceedings.

Arguments from Osho Ganga Dham (Respondent No. 5)

M/s Osho Ganga Dham , represented by Swami Prem Chaitanya , contested the allegations, arguing: * The establishment is a religious trust (Sri Janki Kutiya Dharmarth Trust ) engaged in spiritual activities, not commercial operations. * An application for changing the user name on the lease to Swami Prem Chaitanya has been pending with the DFO since 2019, implying his possession is not illegal. * They denied occupying land in excess of the leased 0.2089 hectares, stating the built-up area is only 0.1566 hectares and the remaining is open space not under their exclusive occupation. * They expressed willingness to comply with pollution control norms and obtain necessary consents, stating the ashram was old and they were unaware of certain requirements. * The issue of construction in the floodplain was contested, citing the age of the ashram and lack of clear demarcation. * A plea of limitation under Section 14 of the NGT Act was also raised, claiming the ashram was established in 1965.

NGT 's Directions and Observations

After hearing all parties and reviewing the material on record, the NGT issued the following key directions:

1. Regarding the Leased Land (0.2089 ha): The Tribunal observed, "the question of change of user name in respect of the above said leased land in favour of Swami Prem Chaitanya has to be decided by the concerned authorities on the applications pending with them and consequent thereto the question of legality/illegality of possession of Swami Prem Chaitanya over leased land has to be decided in Rajivad (case) No. 09/Shivpuri/2024-25 and eviction proceedings under Section 61A of the Indian Forest (Uttaranchal Amendment) Act, 2001..." The NGT stated that adjudication on these questions did not lie within its jurisdiction at this stage and directed authorities to dispose of these matters expeditiously, preferably within six months.

2. Regarding Encroached Forest Land (0.2057 ha): Despite Respondent No. 5's denial of excess possession in their reply to the NGT , the Tribunal noted their undertaking in separate eviction proceedings to vacate this encroached land. The NGT directed: "The Divisional Forest Officer, Narender Nagar, Forest Division, Muni-Ki-Reti, Tehri Garhwal is directed to verify the factual position as to removal of encroachment over forest land measuring 0.2057 ha and in case respondent no. 5 has not removed the encroachment to expedite the disposal of eviction proceedings and evict respondent no. 5 therefrom expeditiously preferably within six months..."

3. Regarding Other Non-Compliances: The NGT directed the UKPCB, Food Safety and Drug Officer ( Tehri Garhwal ), Fire Safety Officer (Narender Nagar), and District Supply Officer ( Tehri Garhwal ) to take appropriate action on their respective notices issued to Osho Ganga Dham , also preferably within six months.

4. Monitoring and Reporting: The District Magistrate, Tehri Garhwal , has been tasked with monitoring the actions taken by these authorities and filing an Action Taken Report before the NGT 's Registrar General within one month after the expiry of the six-month period.

Implications of the Order

The NGT 's order emphasizes the need for strict adherence to environmental laws and lease conditions, particularly concerning forest land. It mandates a time-bound resolution by the concerned state authorities on long-pending issues of alleged encroachment and regulatory violations. While the Tribunal refrained from directly adjudicating on the lease transfer and title, it has ensured that the executive machinery is held accountable for enforcing the law. The applicant's I.A. No. 183/2025, seeking fresh investigations, was disposed of along with the main application, with its concerns addressed through the comprehensive directions issued.

The Original Application No. 961/2024 and I.A. No. 183/2025 were disposed of accordingly.