Friday 19 August 2016

KULDEEP KOHLI PETITION - IMPLEADMENT ARAVALI NGT




KULDEEP KUMAR KOHLI
RZ – 200 B, STREET NUMBER – 3, RAM CHOWK,
SADH NAGAR PART – I, PALAM COLONY,
NEW DELHI – 45
TELEPHONE – 08860332404


BEFORE THE NATIONAL GREEN TRIBUNAL
SITTING AT NEW DELHI

MA NO ______ /2014
IN
ORIGINAL APPLICATION NO 04 / 2013

IN THE MATTER OF:
SONYA GOSH                                            ...PETITIONER
VERSUS
STATE OF HARYANA & ORS                   ...RESPONDENTS

AND IN THE MATTER OF:
KULDEEP KUMAR KOHLI                           ...APPLICANT                                        

APPLICATION SEEKING INTERVENTION AND IMPLEADMENT ON BEHALF OF MR kuldeep kumar kohli S/0 LATE prem nath kohli, AGED 62 YEARS R/O RZ 200B, STREET NO. 3, RAM CHOWK, SADH NAGAR PART 1, PALAM COLONY, NEW DELHI – 110045 UNDER SECTION 19 OF THE NATIONAL GREEN TRIBUNAL ACT 2010 R/W PROVISIONS OF THE NATIONAL GREEN TRIBUNAL (PRACTICE AND PROCEDURE) RULES 2011 AND PRINCIPLES ANALOGOUS TO ORDER 1, RULE 10 (2) R/W SECTION 161 OF THE CODE OF CIVIL PROCEDURE 1908.

THE APPLICANT ABOVE NAMED MOST RESPECTFULLY SHOWETH:
1. That the Applicant has urged the present Application Seeking Intervention and Impleadment in the present proceedings as being a necessary and proper party to the same as it has come to the knowledge of the Applicant herein that the farmhouse / land of the Applicant have been erroneously included in the list of alleged violators of the Aravali Notification dated 07.05.92 and it has been further stated that prosecution cases have been filed in the Special Environment Court, Faridabad, Gurgaon against the said alleged violators. The present Applicant has been indicated as having violated the said Notification on account of "Gate, Gate Pillars, with barbed wire fencing. The same bears mention at Entry No 89 vide the Affidavit of Sh. Balraj Singh Regional officer, Haryana State Pollution Control Board, Gurgaon Region North), on behalf of Haryana State Pollution Control Board Haryana dated 20.4.2015 on behalf of the Respondent No 3 i.e., Haryana State Pollution Control Board

2. That the Applicant submits that the said inclusion of the Applicant in the annexures to the Affidavit is wholly contrary to the final Judgment and Order dated 17.12.2014 passed by the Court of Ramawatar Pareek, being the Ld. Presiding Officer, Special Environment Court Faridabad in Case No 12 of 2007 titled "Haryana State Pollution Control Board (HSPCB) v. M/s Ansal Properties and Infrastructure Ltd. and others wherein it was unequivocally found and held that  Ansal Properties and Infrastructure Ltd. had purchased the land years before the Aravali Notification  was issued and sufficient evidence has been brought upon file to prove that the development of Aravali Retreat in Raisina village has been done before the impugned Aravali Notification and the change in the kind of land from Gair mumkin pahar to Gair mumkin farm house was done in the revenue records before the issuance of the notification dated 7th May 1992 and since this area is a Gairmumkin Farm House and hence inferred that the Aravali notification is not applicable to the area that is described as Aravali Retreat, as the Aravali notification dated 07.05.1992 is applicable not on Gair mumkin farm house but the following:

(i) Areas shown as forest land – whether reserved or protected

(ii) Areas covered by the notification issued u/s 4 and 5 of the Punjab Land Preservation Act 1919;

(iii) All area of Sariska Naitonal Park and Sariska Sanctuary notified under the Wildlife (Protection) Act 1971 (53 of 1972); and lastly,

(iv) All areas of Gair Mumkin Pahar, Gair Mumkin Rada, Gair Mumkin Behed, Banjad Beed, Rundh in the lad records maintained by the State Government as on date of the Notification in relation to Gurgaon District of the State of Haryana and the Alwar District of the State of Rajasthan.

The Ld.  Presiding Officer, Special Environment Court Faridabad Court also held that

to rebut the claim of the complainant regarding development of Aravali Retreat in Raisina village after Aravali notification, sufficient evidence has been brought upon file by Ld. Defence counsel.  The reports of ld. DRO and Tehsildar themselves admit the purchase of land by accused no. 1 in the year 1987-88.  Further both these reports admit the development upon the spot.” 

It has been further confirmed by the Ld. Presiding Officer, Special Environment Court Faridabad in Case No 12 of 2007 titled "Haryana State Pollution Control Board (HSPCB) v. M/s Ansal Properties and Infrastructure Ltd. and others that:
a. The change of Khasra girdawari of Rabi 1991 from Gair Mumkin Pahar to Gair Mumkin Farm house is not in dispute.
b. Its subsequent incorporation in the Jamabandi of 1990-1991 is also not in dispute.
c. The issuance of Aravali Notification on 7.5.1992 and its applicability on the Gair Mumkin Pahar is also not in dispute.
d. Sufficient evidence has been brought upon file in the records to prove that the development of Ansal Retreat in Raisina village was done before Aravali Notification, including report of Tehsildar in the year 2010, electricity connections, plantation of trees, construction of roads etc.
e. The Government of India, Ministry of Environment & Forest vide their letter No. 17-1/91.PL/IA dated 1.11.2006 have confirmed that in case the members of Aravali Plot Owners association have plots which in the land records maintained by the State Government as on date of the Notification dated 7th May 1992 (of MoEF) were categorised as “Farm House” then this Notification will not be applicable.

The true copy of the Order dated 17.12.2014 of the Ld. Presiding Officer, Special Environment Court Faridabad in Case No 12 of 2007 titled "Haryana State Pollution Control Board (HSPCB) v. M/s Ansal Properties and Infrastructure Ltd. & Ors has been annexed herewith and marked as Annexure-O.

3. The applicant submits that the applicant is owner of   farm no. A-2 Aravali Retreat, Village Raisina, Tehsil Sohna, District Gurgaon Haryana registered vide sale deed dated 9.6.2005 in a township developed by Ansal Properties & Infrastructure Ltd. in the name and style of Aravali Retreat  with a total area of 1200 acres approx. falling in the village Raisina in which individual farm houses having an area ranging from 1 acre to 2.85 acre have been carved out which includes roads, water supply, electricity, berms, barbed wires, fencing and separate gates in the year 1989-1990. In the year 1988, in village Raisina, District – Sohna, Haryana, approximately 1200 Acres of land at approximately 65 meter elevation was lying barren, uncultivable, completely denuded, full of stones and boulders and in the condition of total neglect.

It is submitted that at the tme it was not seen possible to carry out cultivation on subject land without substantial investment. Ansals as the Developer got a study conducted on the subject land by Dr. G.S Randhawa, Environmentalist of repute to develop the 1200 Acres of land for environment friendly agricultural farms, complete with eco-friendly shrubs and creepers. To bolster the facts narrated herein below, it is peritnent to mention that the Developer had purchased these lands in the year 1988-1989, and had brought fresh soil, earth, manures, pesticides etc. as per Dr. Randhawa’s reports from the plains and planted over 400,000 trees, creepers and shrubs, as well as dug tube-wells and created water bodies. In order to protect and stop further soil erosion, the Developer also created bunds, small earthen dams and ponds wherever possible to create a rain water harvesting system aimed to make the land suitable for agriculture/horticultural works. The developer also at the same time made drains, overhead tanks, roads, pathways, fencing and gates of the farm land with due demarcation. The Developer brought electric supply lines to the land and got installed transformer after due inspections and obtained electric connections from the concerned authorities and utility providers at the time. The afore mentioned activities were completed through the years 1989-1992 at a considerable expense by the Builder. Further more, as have been reflected on records as well, the land described as Aravali Retreat was a privately owned land falling under niether the forest provisions nor the Punjab Land Preservation Act.


4. Applicant herein had purchased the land after the change of  land from Gair mumkin pahar to Gair mumkin farm house, which had already been carried out prior to the  Aravali Notification dated 07.05.92. The Notification states that prior environmental clearance is required where the Aravali Notification may be applicable for carrying out certain processes and operations such as construction of any clusters of dwelling unit, farm houses, sheds, community centre, information  centres and any other activity connected with such construction (including road of part of any infrastructure relating thereto) and Electrification “laying of new transmission lines”, etc.

That  there is no allegation or contention that the said farmhouse land falls under items (i)-(iii) and (iv) of the Aravali Notification as listed in para above. It is of note that the said farmhouse land is out of the purview of (ii) as not being a Gair mumkin pahar, Gair mumkin Rada, Gair mumkin Behed, Banjad Beed or Rundh but in fact, it is not even shown in the land records maintained by the State Government as being so as on date of the said Notification. It is peritnent to note that the Aravali Notification has placed ample reliance on the records maintained by the State Government as on date of the notification which is a sole determining factor with regard to the subject land. It is submitted that if the subject land as on date of the Notification dated 07.05.92 is not a Gair mumkin pahar, Gair mumkin Rada, Gair mumkin eked, Banjad Beed or Rundh land, and is a farmhouse land, there is absolutely no bar as contemplated under the notification whether on construction or otherwise since the said land falls clearly outside the overview of the said Notification. It is clear that the subject Notification applies prospectively and not retrospectively. The ruling of the Ld. Environment Court as cited above, and in several other connected matters has further held that a bare perusal of the land records maintained by the State would reveal that the said land being a farmhouse land was clearly outside the purview of the said Notification and that the proceedings initiated by the Complainant therein i.e. the Respondent No. 3 HSPCB was an abuse of the due process of law.  The Applicant submits that the said Respondent No 3 i.e. Haryana State Pollution Control Board was duly represented and accordingly, ought not to have included the name of the present Applicant in the concerned Affidavit. A certified copy of the said final Judgment and Order of the Ld. Special Environment Court, Faridabad, Gurgaon dated 17.12.2014 has been annexed herewith and marked as ANNEXURE-A.


5. That the brief facts concerning the proceedings as above have been narrated herein below:
(i) That in the early 1980's M/s Delhi Towers & Estates Pvt Ltd which is a 100% subsidiary of Ansal Properties & Industries Ltd purchased a large area of land in and around village Bass, Raisina, Sohna, District Gurgaon, Haryana for purposes of development and sale which procurement was complete well before 1987. The said procurement covered an area of over 1200 acres.


(ii) That well prior  to March 1991 the said land stood converted from Gair Mumkin Pahar to " Gair mumkin farm house" and stands as "farm house" in the last jamabandi of 2005. The Jamabandi Records up dated every 5 years would reveal the fact of the land of the Applicant herein being "Gairmumkin farm house". Similarly, the Sazara-Aks indicates the charts earmarking the portion of the land of the Applicant herein. The said Jamabandi,  Sazara-Aks as also the mutation records collectively comprise the total land records maintained by the State Government during the relevant period for the land falling within the Gurgaon District of the State of Haryana and reveal that as on the date of the Notification in concern dated 07.05,92 as also thereafter for a considerably long time the, the said property has stood as "Gairmumkin farm house" and thus, clearly out of the purview of the said Notification in concern. Copies of the latest land records have been annexed herewith and marked collectively as ANNEXURE-B (COLLY).

(iii) While Ansal was working on this project, a well-known Environmentalist, Dr. Shekhar Singh, filed a Public Interest Litigation [PIL] before the Hon’ble Supreme Court of India bearing Writ Petition No. 598 of 1990 - Shekhar Singh & others Versus Union of India. Ministry of Environment & Forest, the Government of India through Under Secretary, Mr. G. Hari Kumar filed an Affidavit. Para 4 of the Affidavit states “The respondent humbly submits that the said lands were purchased by Ansals and Aggarwal from individual owners – the lands were not allotted to them by the Government”.  Para 5 of the Affidavit states  “the respondent humbly submits that the lands are not recorded as forest lands.  Therefore Forest (Conservation) Act 1980 is not applicable to these lands”. Para 11 of the Affidavit states “” In reply to para V of the petition it is humbly submitted that on receipt of representation from Shri Shekhar Singh and others regarding alleged illegal transfer of forest land in Haryana in favour of Ansals and Aggarwal, a detailed was conducted by this Ministry. During the enquiry it was revealed that about 2,000 acres of land in Aravali Hills near Raisen Village in Gurgaon District has been purchased by Ansals and Aggarwal.  No land has been allotted by Government to them. The land purchased by Ansals is covered under General Section 4 of Punjab Land (Preservation) Act.  In respect of this land ownership as well as possession of the land is with individuals and not with Government”. Para 7 of the Affidavit states “these lands have not been recorded as ‘Forest” anywhere in Government records.  These lands are neither Reserve Forest nor Protected Forest nor recorded forest”.   Para 11 further states that “the land purchased by Ansal is covered under General Section 4 of Punjab land (Preservation) Act.  In respect of this land ownership as well as possession of the land is with individuals and not with Government.  These lands have not been recorded as “Forest” anywhere in Government records.  These lands are neither Reserve Forest, nor Protected Forest, nor recorded forest.  As land purchased by Aggarwal and Ansals is not recorded as Forest in Government records, Forest (Conservation) Act 1980 is not applicable to such lands.  Copy of Order dated 27.01.1995 of the hon'ble Supreme Court is attached marked as ANNEXURE-C   

(iv) That on 3.10.1991 Ansal Properties & Industries Ltd. ousin allotted a Farm admeasuring 1 acres being A-2 in the proposed Aravali  Retreat' Farms Scheme at Village Bass, District Gurgaon, Haryana to a Mr H S Dhakaalia and Mr P L Sakarwal F 68, Naraina, New Delhi – 28  The said developers charged an amount. of Rs 3,65,000/- per acre i.e., a total amount of Rs 3,65,000/- for the said piece of farm towards costs of land and charges of development under the Aravali Retreat Scheme which is to have artery roads, berms, plantation of trees along the artery roads etc. It was also indicated in the Allotment Letter that the developers would also provide each individual farm with barbed wire fencing and a separate gate. It was specifically submitted therein that the developers had purchased or entered into purchase agreements with various land owners/bhoomidars of the land comprised in the Scheme and the developers were entitled to enter into Agreements of Sale, with third parties directly as nominees of the said original land owners. The same finally indicated that the land will be transferred in favour of the buyers by the developers or as nominees of the developers, by the original owners / bhoomidars. The electric connection charges and charges for water were to be separately charged in accordance to the cost charged by the Haryana State Electricity Board and / or other authority (ies) for the services connection, sub-station equipment, security deposit etc. The developers entrusted the work of maintenance, upkeep and operation of common services and facilities to M/s Star. Estate Management Pvt Ltd.

(v)  That on 29.01.90 the District Town Planner for the Director, Town & Country Planning, Haryana, Chandigarh confirmed its “No Objection” to Ansal Properties & Industries Ltd for development of Farm /  Orchid estate in the scheme known as 'Aravali Retreat' in Raisina village, District Gurgaon, Haryana wherein it was specifically confirmed that the proposed site does not fall in any controlled area and no permission is required for any activity thereto and that any subsequent attempt to revoke the same without following the due process of law cannot form the basis of attempting to enforce the same retrospectively. A copy of the NOC dated 29.01.90 from the District Town Planner for the Director, Town & Country- Planning, Haryana; Chandigarh is annexed hereto and marked as ANNEXURE-D.

(vi) That on 29.6.93, the Conservator of Forests, South Circle, Gurgaon wrote to M/s Ansal Properties & industries Ltd upon the query by the later that the Khasra Number in question in the village Raisina was not closed under Section 5 of the Punjab Land Preservation Act 1900 and the restriction under the said Act does not apply thereto. A copy of the communication dated 29.6.93 by the Conservator of Forests, South Circle; Gurgaon to M/s Ansal Properties & industries Ltd is annexed hereto and marked as ANNEXURE-E.

(vii) That thereafter, the said farm house land was sold / allotment transferred by Shri H S Dhakaalia and Shri P L Sakarwal Resident of F 68 Naraina, New Delhi – 110028 to Mr. Kuldeep Kumar Kohli S/o Late Shri Prem Nath Kohli Resident of RZ 200B, Street No. 3, Ram Chowk, Sadh Nagar Par I, Palam Colony, New Delhi -110045 the present applicant on 25.2.1996. Subsequent to receipt of the said confirmation from the Ansal Housing and Construction Ltd to whom the erstwhile owner had applied for the said transfer, the  afore stated farm house land was purchased at a price of Rs 3,65,000/-. A copy of the Allotment Letter with transfer details are annexed hereto and marked as ANNEXURE-F (COLLY).

(viii) That thereafter, due possession was taken over finally on 4.4.2006 by the applicant.

(ix) That the due Sale Deed was entered into between M/s Ansal Housing and Construction Company Ltd and the Applicant herein on 9.6.2005 and due Stamp Duty of Rs 46,200.00 was paid thereupon. A copy of the said Sale Deed and Receipt for the stamp Duty is annexed collectively and marked as ANNEXURE-G (COLLY).

(x) That the said Farm house land being Farm No A-2 in Aravali Retreat in village Raisina District Gurgaon, Haryana was specifically described as the piece of land admeasuring 1 acres, bearing distinct No. A 2 covered by Rectangle No. 9/23 Min, 24 Min and Rectangle No. 24/2 Min, 3 Min, Khewat No. 58, Khata No. 94 Kita 856, Total Area 6612 Kanal 7 Marla Ka 160/132247 Bagh Area 8 Kanal  share hereinafter referred to as Farm No A 2. The Sale Deed also confirmed that the said farm is free from all sorts of encumbrances, liens, charges etc and the Promoter has the full right and authority to sell the land.

 (xi) That suddenly, in the Year 2004, the Applicant was served with a Notice dated 1.9.2004 being a Show Cause Notice under the Environment Protection Act 1986 with the allegation that the Applicant herein had constructed a farm house/boundary wall/gate/fencing/room without applying and without obtaining prior environmental clearance on a Gair Mumkin Pahar and that the same was in violation of the Aravali Notification dated 7.5.1992 A copy of the said Show Cause Notice dated1.9.2004 is annexed herewith and marked as ANNEXURE-H.

(xii) That in response thereto, the Applicant herein sent various correspondences inter alia dated 08.10.2004 and 09.11.2004. That further, various correspondences were also sent to the Ministry of Environment and all avenues possible detailing out the fact that the farm house land in concern was unequivocally indicated as being "farm house" and not as Gair Mumkin Pahar in the Land Records maintained by the State Government itself and that the Applicant was a bona fide allottees having paid monies only upon the fact of the land being a 'farm house' and for purposes of a farm house.

(xiii) That again in the year 2005, the Applicant was served with a Notice dated 22.7.2005 being another  Show Cause Notice under the Environment Protection Act 1986 with the allegation that the Applicant herein has carried out construction activities in Gair Mumkin Pahar and violated Aravali Notification dated 7.5.1992. That Applicant, in response thereto sent a reply dated 18.08.2005. A copy of the said Show Cause Notice dated 22.7.2005 is annexed herewith and marked as ANNEXURE-I.

(xiv) That on 1.11.2006 the Additional Director, Ministry of Environment & Forests, Government of India wrote to the Aravali Retreat Plot Owners Association clarifying that the Notification dated 7.5.92 was not applicable to plots which were categorized as "Farm House" and which were not registered as Gair Mumkin Pahar, Gair Mumkin Rada, Gair Mumkin Behed or Banjad Beed or Rundh as on the date of the said Notification. A copy of the said clarification issued by the Ministry of Environment & Forests, Government of India vide Order No 17 — 1/91.PL/1 A dated 1.11.2006 is annexed herewith and marked as ANNEXURE-J.

(xv) That again in the year 2009, the Applicant was served with a Notice dated 28.2.1.2009 being another  Show Cause Notice under the Environment Protection Act 1986 with the allegation that the Applicant herein has consciously and in a planned manner developed infrastructure like roads, water supplies, sewerages, Electricity network to enabling construction of cluster of dwelling units, Farmhouses and other buildings and you have yourself constructed cluster of Residential Unit/ Residential Accommodation/ Commercial Establishment etc. without applying and without obtaining prior environment clearance which is in violation of the provisions of the Aravali Notification and provisions of EP  Act, 1986 thereby render yourself liable for prosecution under section 15 red with section 19 of Environment (protection) Act, 1986.. A copy of the said Show Cause Notice dated 28.1.2009 is annexed herewith and marked as ANNEXURE-K.

(xvi) That however, suddenly in 2009, the Haryana State Pollution Control Board (HSPCB) which came into existence under the provisions of the Environment Protection Act 1986 had urged a Complaint dated 12.11.2009 against the Applicant before the Ld. Presiding Officer, Special Environment Court, Faridabad in capacity of a State Government functionary as authorized by the Central Government. M/s Ansal Properties & Industries Ltd. was made the accused No. 2 in the said complaint bearing dated 12.11. 2009 against the Applicant before the Ld. Presiding Officer, Special Environment Court, Faridabad and so were the other companies associated with Ansal Properties & Industries Limited made accused No. 3, 4 and 5. A true copy of the said Complaint dated 12.11.2009 is annexed herewith and marked as ANNEXURE L.

(xvii) That subsequently, on 28.4.2014, the Applicant herein was summoned by the Ld. Special Environment Court, Faridabad and consequently, entered appearance together with the accused no. 2, 3, 4 and 5.
(xviii) That since M/s Ansal Properties and Industries Limited with other associate companies were the promoters of the project namely Ansals Aravali Court and hence apart from they being co accused in all the cases in respect of the farm houses in Aravali Retreat were also the main accused in a separate case No. 12 of 2007 instituted on 26.7.2007 in the court of Ramawatar Pareek, being the Ld. Presiding Officer, Special Environment Court Faridabad in Case titled "Haryana State Pollution Control Board (HSPCB) v. M/s Ansal Properties and Infrastructure Ltd.

(xix) That after almost 20 years of having sold the property to different buyers, HSPCB not only chose to prosecute Ansals before the Special Environment Court, Faridabad but also chose to fractionalise the lands of Ansal Aravali Retreat and instituted cases against 579 farm land owners who bought the property from Ansals. That the proceedings against all the accused in this matter were running parallel in the court of Ramawatar Pareek, being the Ld. Presiding Officer, Special Environment Court Faridabad  including the Case titled "Haryana State Pollution Control Board (HSPCB) v. M/s Ansal Properties and Infrastructure Ltd. in respect of the entire 1200 acres of land which was developed by M/s. Ansal Properties and Infrastructure Limited with the allegation that the entire area of 1200 acres of land namely Ansal Aravali Retreat has been developed by them in violation of the Aravali notification dated 07.05.1992. 

(xx) That on 05.01.2011, the Commissioner, Gurgaon Division, Gurgaon on 05.1.2011 wrote and confirmed to the Chairman, Haryana State Pollution Control Board, C-11, Sector – 6, Panchkula-1 that the Deputy Commissioner was asked to submit a report as per records maintained by the State and the same confirmed that M/s Ansal Group had purchased the land in the Year 1987-88 and developed farmhouses, makan, road, electric supply as also other developmental work prior to March 1990 i.e., prior to the subject Notification dated 7.5.1992, and after noticing the progress on the site the Patwari had recorded this change in March 1990 as Gair Mumkin farmhouse, makan, road. A copy of the confirmation by the Commissioner, Gurgaon Division dated 05.01.2011 is annexed herewith and marked as ANNEXURE-M.

(xxi) That the final Judgment and Order dated 17.12.2014 passed by the Court of Ramawatar Pareek, being the Ld. Presiding Officer, Special Environment Court Faridabad in Case No 12 of 2007 titled "Haryana State Pollution Control Board (HSPCB) v. M/s Ansal Properties and Infrastructure Ltd. and others wherein it was unequivocally found and held that  sufficient evidence has been brought upon file to prove that the development of Aravali Retreat in Raisina village has be done before the Aravali Notification   since  the area is a Gairmumkin Farm House and the Aravali notification is applicable on Gairmumkin Pahad.  A true copy of the Order dated 17.12.2014 is annexed herewith and marked as ANNEXURE-A.

(xxii) It has been confirmed repeatedly as per the following judgements that the land in question at Aravali Retreat is farm house and hence the Aravali notification dated 7th May 1992 is not applicable to the farm houses at Ansal Retreat, Tehsil Sohna, Dist. Gurgaon.
·       HSPCB v. Sunil Kalra
·       HSPCB v. Prateek Shrivastava
·       HSPCB v. Mrs. Raj R Gupta
·       HSPCB v. Namita Mehta
·       HSPCB v. Sanjay Mittal
·       HSPCB v. Jyotirmay Daw
·       HSPCB v. K K Nanda
·       HSPCB v. Gulshan Rai
·       HSPCB v. Gulshan Rai
·       HSPCB v. Ansal Properties & Infrastructure Ltd.
·       HSPCB v. Shri Nirmal Jain 
·       HSPCB v. Shri Jeevan Mehar
·       HSPCB Mrs. Sunita Kalra
·       HSPCB v. Shri A.K Kalra
·       HSPCB v. Shri Prasanchit Ganguli
·       HSPCB v. Shri Narayan Nair
·       HSPCB v. M/s. Beniwal & Co.
·       HSPCB v. Shri Surender Pradhan
·       HSPCB v. Mrs. Sonia Sood
·       HSPCB v. Shri Rajeev Singh
·       HSPCB v. Mrs. Sharda Agarwal
·       HSPCB v. Vijay Mullick

(xxiii) The above judgements are therefore clearly indicative of the settled fact that the land in question is a Gairmumkin Farm House  land and that the notification of the Government of India issued by the Ministry of Environment and Forests SO No. (19) Dated 7th May 1992 commonly known as Aravali Notification is not applicable in respect of the farm houses sold by Ansal Group in village Raisina, Tehsil Sohna, District Gurgaon. Needless to mention that the above judgements have been made by the Honourable Court after going into details of each and every issue taken up by Haryana State Pollution Control Board and the documentary evidence provided in terms of the Revenue Records for the said farm houses.
(xxiv) That three appeals were filed by the HSPCB before the Honourable High Court of Punjab & Haryana against the following respondents:
Mr. Sunil Kalra through CRM A 299 MA 2014;
Mr. Prateek Srivastava through CRM A 298 MA 2014;and
 Mr. Jyotirmay Daw through CRM A 297 MA 2014.
All the above three appeals were dismissed by the Honourable High Court of Punjab & Haryana vide order dated 16.07.2015. True copies of the Online Case Status of appeals above have been annexed herewith and marked as ANNEXURE-N (COLLY).
(xxv) In the order of the Divisional Forest Officer, Gurgaon vide letter No. 867G dated 17.07.2015 it is stated that:
  That As per report of Tehsildar Sohna the petitioner and its associate companies have purchased the land in the revenue estate of Raiseena Tehsil Sohna and not in the revenue estate of village Gairatpur Bass.  The land purchased by the petitioner is not covered under section 4 and 5 of the Punjab Land Preservation Act 1900 and Aravali Plantation Scheme and Reserve Forests/Protected Forest
It is to be noted that the general section 4 of Punjab Land Preservation Act, has been made applicable in the area of Tehsil Sohna District Gurgaon as per Haryana Government Notification dated 4.1.2013. The True Copy of the order of the Divisional Forest Officer, Gurgaon dated 17.7.2015 along with Notification dated 04.01.2013 has been annexed herewith and marked as ANNEXURE-O (Colly)
(xxvi)  That These documents are relevant insofar as the non-applicability of section 4 and section 5 of the Punjab Land preservation Act 1900 and Aravali Plantation Scheme and Reserve Forest/protected Forest is concerned as the document clearly specifies that the land at Ansals Aravali Retreat does not fall in any of the above categories.
(xxvii) In the order of the Honourable High Court of Punjab & Haryana dated 24.07.2015 in respect of a writ petition CWP Nos. 5603, 6689 and 6690 of 2015 filed by Delhi Towers and Estates Ltd. v. State of Haryana and ORS in a matter related to farms at Ansal’s Aravali Retreat, Village Raisina, Tehsil Sohna, Dist. Gurgaon the Hon'ble High Court settled the issue whether the land at Ansals Aravali Retreat is a forest land. True copy of the Order dated 24.07.2015 has been annexed herewith and marked as Annexure-P.
(xxviii) In CWP 5603 of 2015 in the High Court of Punjab & Haryana, at Chandigarh in the matter of M/s Delhi Towers  Estates Private Limited versus State of Haryana and Others an affidavit has been submitted by Shri T L Satyaprakash IAS Deputy Commissioner Gurgaon wherein it has been stated at page 2 as –
And as per report of Tehsildar, Sohna pertaining to revenue record of village Raiseena the total area measuring 9057 Kanal 15 marla described in revenue record as “Gair Mumkin Pahar” since Chakbandi of year 1955-56 are in the ownership of private owners of Village Raiseena bearing Had Bast No. 184 and above said area “Gair Mumkin Pahar” in village Raiseena never remained in the ownership of State of Haryana and Gram Panchayat.

(xxix) That accordingly, the Ld. Special Environment Court was pleased to hold that there was a miserable failure in proving the charges u/s 19 of the Environment Protection Act on the part of the present HSPBC. That notwithstanding the aforestated, it has now come to the knowledge of the Applicant that the name of the Applicant in relation to his farmhouse / land have been erroneously included in the list of alleged violators of the Aravali Notification dated 07.05.92 and it has been further stated that prosecution cases have been filed in the Special Environment Court, Faridabad, Gurgaon, against the said alleged violators.

(xxx) That since the aforestated is notwithstanding the fact that firstly, the subject land / farmhouse did not fall within the purview of the said Notification; and secondly, the same had already been adjudicated by the Special Environment Court and held completely in favour of the farm land owners in respect of all the cases decided so far and hence, being left with no option, the Applicant herein has urged the present Application for Impleadment in the subject proceedings and to have its name deleted from the array of alleged offenders in the affidavit of the Respondent No.3.   

 6. That the aforestated Order dated 17.12.20014 also came to be passed by the Ld. Environment Court in view of the fact that firstly, the prohibition was prospective and not retrospective i.e., that there to be no constructions etc. undertaken in the restricted lands subsequent to the Notification. Hence, firstly, the land ought to fall within the specific categories as afore stated as on date of the Aravali Notification; and secondly, there ought to be constructions carried out subsequent to the said Notification upon the said restricted land. Hence, one without another did not attract   the provisions of the Act i.e., not carrying out any constructions / cutting of trees / mining / electrification subsequent to the notification on the category of land as stipulated would not attract the provisions of the Notification nor would construction etc. even subsequent to the Notification on a land not falling within the category attract the same simply because it was out of the scope of the Notification.

7. That interestingly, there is to be not even a complete bar on construction / electrification etc. in an area which falls within the restricted areas as earmarked by the Notification but rather, the bar is on carrying out the activity without a prior permission. Hence, where there is an element of discretion conferred on the State Government Authorities, there can then be said to be no eminent or compelling public interest requiring a uniform and structured compliance without any scope for consideration.

8. That in any case a bare perusal of the records collectively as indicated in the foregoing paras, being the official Land Records maintained by the State the sale Deed and transfer documents, the correspondence by the District Town Planner for the Director Town & Country Planning Haryana, Chandigarh dated 29.01.90 granting “No Objection Certificate” for development of Farm / Orchid estate in the scheme known as Aravali Retreat in Raisina village, District Gurgaon, Haryana wherein it was specifically confirmed that the proposed site does not fall in any controlled area and no permission is required for any activity thereto; the correspondence dated 29.03.93 by the Conservator of Forests, South Circle, Gurgaon indicating that the Khasra Number in question in the village Raisina is not closed under Section 5 of the Punjab J Land Preservation Act 1900; the correspondence by the Additional Director, Ministry of Environment & Forests, Government of India vide Order No 17 1/91. PL/1 A dated 1.11.2006 confirming that the Aravali Notification dated 7.5.92 is not applicable to plots which were categorized as "Farm House" and not as Gair Mumkin Pahar, Gair Mumkin Rada, Gair Mumkin Behed or Banjad Beed or Rundh on the Land Records of the Government of Haryana as on the date of the said Notification; and further, as late as on 05.1.2011 the correspondence and confirmation from the Commissioner, Gurgaon Division, Gurgaon to the Chairman Haryana State Pollution Control Board, C-11, Sector-6, Panchkula-1 confirming that the Deputy Commissioner was asked to submit a report as per records maintained by the State and the same confirmed that M/s Ansal Group had purchased the land in the Year 1987-88 and developed farmhouses, makan road, electric supply as also other developmental work prior to March 1990 and after noticing the progress on the site the Patwari had recorded this change in March 1990 as Gain Mumkin farmhouse, makan, road i.e., prior to the subject Notification dated 7.5.92 which operated prospectively and not retrospectively; and lastly, the findings in the Judgment and Order dated17.12.2014 passed by the Ld Special Environment Court, Faridabad in Case No 12 of 2007 titled HSPCB v. Ansals Properties and Infrastructure Limited leave no scope for doubt that the Applicant is outside the purview of the Aravali Notification dated 07.05,92, as he is having his parcel of farmhouse land within the 1200 Acres of land comprising the Aravali Retreat, which was the subject matter of the case above, Consequently, as also observed by the said Ld Environment Court, the proceedings against the present Applicant are an abuse of the due process of law and in case the Applicant is made to undergo the entire process once again before this Hon’ble Court the same amounts to nothing short of double jeopardy under law and is wholly impermissible Accordingly, the issue of the farm house land of the Applicant not being amenable to the subject Notification- as aforestated is no longer res Integra and the same already stands decisively concluded  in favour of the Applicant herein. Hence, the name of the Applicant requires to be specifically deleted from the List of Offenders to the Notification dated 7.5.92 as filed by the Respondent No 3 along with Affidavit despite being well aware of the fact that the proceedings have already been concluded in favour of the Applicant.

9. That by inclusion of the name of the applicant at Entry No. 89 in the affidavit of Sh. Balraj Singh, Regional officer, Gurgaon Region North, on behalf of Haryana State Pollution Control Board dated 20.4.2015 filed before this Hon'ble Triubunal, the Respondent No.3 has attempted to initiate fresh proceedings before the applicant, while concealing the settled facts in the matter, and any continuance of such attempted fresh proceedings on part of Respondent No. 3 qua the Applicant without bringing on record the settled facts or questions of law  shall be hit by the provisions of law as being res judicata since the same would be repugnant to the settled judicial finding of a competent court of law.

10. That even otherwise, the inclusion of the name of the Applicant herein in the Annexures appended to the Affidavits as indicated afore would be contemptuous on the part of the HSPCB to the findings of the Ld. Special Environment Court being already seized of the matter and having applied its mind to the same  as also the fact that neither its final Order nor its findings have even been stayed  before any court of law, leave alone being set aside,

11. That the Applicant herein clarifies that the interest of the present Applicant in the present proceeding is limited to the extent of having his name deleted from the so called List of Offenders of the Aravali Notification dated 07.05.92 as appended to the Affidavits as afore and a clarificatory order that the Applicant is outside the purview of the present proceedings or any Orders passed there under.

12. That the present Applicant has moved this Hon'ble Tribunal in order to obviate any instance of Orders being passed per incuriam the earlier judicial findings vide the Order dated 17.12.2014

13. That the Applicant also craves to be placed on parity with similarly situated other lands such as the Pathways World School at village Raisina, Tehsil Sohna, District Gurgaon, Haryana wherein it has been specifically also held that since the same were categorized as "farm house" prior to the Aravali Notification the same neither attracts provisions of the Forest (Conservation) Act 1980 nor the Aravali Notification No SO - 319(E) dated 07.05.1992 r/w Notification no.1189 (E) dated 29.11.99. That it has also come to the come to the notice of the Applicant herein that there are many other persons / farmhouse owners who have not even received notices and the Applicant herein has been singled out.

14. That in any case nothing remains in the present matter qua the Applicant subsequent to the clarification issued by the Ministry Environment & Forests, Government of India vide Order No 17-1/91 PL/1A dated 1.11,2006 as aforestated confirming that the Aravali Notification dated 07.05.92 not applicable to plots which were Categorizes as farm house on the land records of the government of Haryana as on the date of the said notification.

15.. That the present applicant is a necessary and material party to the present proceedings in so far as its land is concerned in order to do complete justice in the matter and for the reason that its name has been placed on record as an offender of the Aravali notification dated 07.05.1992. That accordingly, the applicant craves permission to intervene and be impleaded as party to the present proceeding, failing which grave and substantial injury shall be caused to the applicant’s material rights under law.

16. That the present Application is being made bona fide and in the interest of justice. The application has a good prima facie case in favour. That the grave inconvenience, irreparable injury and prejudice would be caused to the applicant in case the present Application is disallowed in as much as the same would directly prejudice the right of the applicant in present and in the future as also lead to multiplicity of proceedings. That accordingly, the balance of convenience and inconvenience, both, tilt overwhelmingly in favour of allowing the application of the present applicant for impleadment.

17. That the applicant herein has not filed any another application seeking impleadment in the proceedings. That however, a part of the


determination sought to be delivered vide the present proceedings being the part concerning the land of the applicant stands already determined vide prior proceedings in Case No 12 of 2007 vide the final judgement and order dated 17.12.2014 as aforestated and hence, the land of the applicant ought to be deleted from the present proceedings.

PRAYER
For the facts and circumstances afore narrated, it is therefore most humbly prayed that Hon’ble court may graciously be pleased to:
(a) Allow the present application and permit the applicant to intervene and be a party to the present proceedings:
(b) Direct/permit the amendment of the memo of parties in terms of the present application and
(c) Pass any such other orders(s) and directions as this Hon’ble court may deem fit and proper in the facts and circumstances of the case.
It is prayed accordingly.

APPLICANT

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