The National Green Tribunal has junked a plea which alleged violation of the provisions of the Forest (Conservation) Act, 1980 by the construction of illegal road and unauthorised mining in Aravalli mountains at Manesar village in Haryana's Gurugram district. A bench headed by NGT Chairperson Justice Adarsh Kumar Goel dismissed the plea seeking review of its March 16, 2021 order directing action against encroachers.
The NGT said the grounds as taken by the review applicant, that the Forest Department falsely mentioned in the narrative of the report dated February 5, 2021, that he is an encroacher was not the issue for consideration before the tribunal while disposing of the original application. "The matter in issue in original application was illegal mining and encroachment of forest land and on the basis of the report of PCCF (HoFF), Panchkula, the statutory authorities were directed to take further action in accordance with the law.
"In light of the above facts, no substantial ground for maintainability of the review application is made out. The review application is devoid of any merit and deserves to be dismissed. For the determination of right title and interest of any party, the aggrieved may approach the appropriate forum if so advised," the bench also comprising Justice S K Singh, said. The tribunal was hearing a review plea filed by a farmer and former sarpanch of Manesar Ram Avatar Yadav alleging violation of the provisions of the Forest (Conservation) Act, 1980 by the construction of an illegal road by the individuals and illegal mining in the primary part of Aravalli's at Rectangle No. 81 in Kila No. 4/2, 5/1, 6/3, 7/1 in Manesar Village, Gurugram, Haryana.
The NGT had earlier sought a report from the Principal Chief Conservator of Forest (HoFF), Panchkula, Haryana with reference to the allegation that the area in question was a forest area on which construction was not permitted but illegal construction was taking place. The PCCF (HoFF) filed a status report which outlined the action taken by the Forest Department by the demarcation of the area and to remove or demolish encroachments on Badi Pahari and Choti Pahari in violation of the Aravalli Notification, 1992.