Gurgaon: The National Green Tribunal (NGT) appears to have softened its stand on encroachment on the Aravalis, saying that a police training centre came up at Manesar in violation of the law but was “unintentional” and would get post facto approval.
The order, issued by a bench headed by NGT chairperson Justice Adarsh Kumar Goel on February 13, said the construction was in violation of the Forest (Conservation) Act, 1980. “However, the same was neither intentional nor wilful, as the construction was done after demarcation was carried out by (the) revenue department,” the order said. As a corrective step, a proposal for post facto approval for diversion of 0.1834 hectare of forest land, equal to the area the development has come up on, has been uploaded on the forest department site.
The bench was hearing a plea filed by Manesar resident Ram Avatar Yadav, alleging that the construction was illegal. The Haryana chief secretary had filed a status report that no tree had been cut at the site during the construction and development phases of the project. The site was only lined with small bushes, which were removed during construction.
“By taking note of the concerned department, it had been revealed that the total area measuring 7.461 hectare of Police Line, Manesar falls under the category of Gair Mumkin Pahar,” the report said, adding that 32% of the entire area was part of Natural Conservation Zone (NCZ), where no construction can be done. “Thus, the present case has been referred to a committee to give final report on the issue related to shrinkage of NCZ as proposed by the regional plan of NCR,” the report said. A panchayat report, however, said there were 1,373 trees on the site where construction took place. TOI has a copy of the report.
The petitioner Ram Avatar Yadav was disappointed with the order. “The legal system should treat everyone equally. The area falls within gair mumkin pahar (revenue land) and banjar kadim (uncultivated land). The area used to have more than 1,000 large trees. How can the government claim no tree was uprooted?” he said.
The order, issued by a bench headed by NGT chairperson Justice Adarsh Kumar Goel on February 13, said the construction was in violation of the Forest (Conservation) Act, 1980. “However, the same was neither intentional nor wilful, as the construction was done after demarcation was carried out by (the) revenue department,” the order said. As a corrective step, a proposal for post facto approval for diversion of 0.1834 hectare of forest land, equal to the area the development has come up on, has been uploaded on the forest department site.
The bench was hearing a plea filed by Manesar resident Ram Avatar Yadav, alleging that the construction was illegal. The Haryana chief secretary had filed a status report that no tree had been cut at the site during the construction and development phases of the project. The site was only lined with small bushes, which were removed during construction.
“By taking note of the concerned department, it had been revealed that the total area measuring 7.461 hectare of Police Line, Manesar falls under the category of Gair Mumkin Pahar,” the report said, adding that 32% of the entire area was part of Natural Conservation Zone (NCZ), where no construction can be done. “Thus, the present case has been referred to a committee to give final report on the issue related to shrinkage of NCZ as proposed by the regional plan of NCR,” the report said. A panchayat report, however, said there were 1,373 trees on the site where construction took place. TOI has a copy of the report.
The petitioner Ram Avatar Yadav was disappointed with the order. “The legal system should treat everyone equally. The area falls within gair mumkin pahar (revenue land) and banjar kadim (uncultivated land). The area used to have more than 1,000 large trees. How can the government claim no tree was uprooted?” he said.
Trending Topics
LATEST VIDEOS
More from TOI
Navbharat Times
Featured Today in Travel
Get the app