HARYANA STATE POLLUTION CONTROL BOARD Vs. ASHOK TULI

JUDGEMENT

(1.) These are all the applications for grant of leave to file an appeal against the judgment of acquittal and the relevant facts are taken from Criminal Misc.No.A-1135-MA of 2016. The other cases are similar cases only with the distinction that there are applications for condonation of delay of different periods and they all are being decided in terms of the decision in Criminal Misc.No.A-1135-MA of 2016.

(2.) The applicant-Board had launched prosecution under the Environment Protection Act, 1986 (in short 'the Act) against the respondent on the ground that she had unauthorizedly constructed a farm house in an area which was covered by notification dtd. 7/5/1992. The learned trial For Subsequent orders see CRM-A-1110-MA-2016, CRM-A-1111-MA-2016, CRM-A-1122-MA-2016 and 21 more.

(3.) Criminal Misc.No.A-1109-MA of 2016 (O&M) -7- Court, however, held that the version of the respondent is that they had purchased built up farm houses which as per the revenue record were shown to be existing prior to the notification dtd. 7/5/1992 and consequently on the date of notification, the land was not 'Gair Mumkin Pahar'.