RAZA AHMAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal under Sec. 22 of the National Green Tribunal Act 2010, "NGT Act", arises from a judgment dtd. 2/8/2013 of the National Green Tribunal, "NGT", at its Central Zone Bench in Bhopal.

(2.) In April 2007, the seventh respondent, Steel Authority of India, "SAIL", and Jayprakash Associates entered into a Memorandum of Association to establish a cement grinding unit of 2.2 MTPA capacity at Bhilai, Chhattisgarh. In pursuance of this goal, they set up the tenth respondent, Bhilai Jaypee Cement Limited. A parcel of land admeasuring 34.59 acres belonging to SAIL, falling in the villages of Hingna and Maroda at Bhilai in District Durg, was leased out to the tenth respondent for thirty years, based on a long-term lease dtd. 16/6/2007. The land use of this parcel of land had been designated as "green belt" in the 1991 Development Plan of Bhilai. On the tenth respondent's application, an Environmental Clearance, "EC", was granted to their project of the cement grinding unit on 1/5/2008, Letter No J-1101111000112007-IA-ll(I), by the second respondent, the then Ministry of Environment and Forests. It was subsequently published in newspapers on 8/5/2008.

(3.) It is alleged by the appellant that since the EC was incorrectly issued, the tenth respondent's constructions on the parcel of land were illegal. In this regard, several notices were issued to them by the fifth respondent, Director, Town and Country Planning, Bhilai and the sixth respondent, Commissioner, Municipal Corporation of Bhilai to revert the land to its original condition or face demolition of the structure. The tenth respondent then applied for the modification of the land use of the parcel of land admeasuring 34.59 acres.