M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) I. A. 1901 of 2005 relates to the land situated in Aravalli Range. Challenge basically is to the communication dated 31. 1. 2005 by the divisional Forest officer, Faridabad requesting the Commissioner, Faridabad, the administration Haryana, Urban Development authority (in short the'huda') and the District town Planner, Faridabad forwarding list of area closed under Sections 4 and 5 of the punjab Land Preservation Act, 1900 (in short the 'act' ). It was indicated that these areas have been declared by this Court to be "forest' and, therefore, penal action is required to be taken for any non forest activities under the forest Conservation Act, 1980 (in short the 'conservation Act' ). This communication was issued purportedly on the basis of this Count's order. Similar communication was made by the Senior Town Planner, Gurgaon Circle. Gurgaon intimating Dr. Mathan Singh Kanwar that he has to obtain "noc" from the forest department and produce the same before the senior Town Planner so that the next course of action with regard to granting occupation certificate can be carried out. Reference has also been made to a letter dated 19. 9. 1999 by the Commissioner and Secretary to government, Haryana Forest and Wildlife department addressed to the Principal Chief conservator, Forest Conservation, Haryana. on the subject of prohibition in the areas covered under the Notification issued under the Act. It has been indicated therein that the forest Department will not declare areas notified, under Sections 4 and 5 of the Act as "forest".

(2.) THE background facts show that the State government decided to notify the area in question under Section 4 of the Act, prohibiting activities contained in the said notification dated 18th August. 1992 for a period of 30 years. The effect of the decision in M. C. Mehta v. Union of India and Ors. [jt 2004 (4)SC 181 ; 2004 (12) SCC 118] on the areas declared under Sections 4 and 5 of the Act, have to be noted.

(3.) IN the order dated 18th August, 1992 issued by the Forest Department of the Government, serials 9 to 16 become relevant.