Hindustan Times (Noida)

Green ministry u-turn on Faridabad Aravalli plot leaves activists baffled

VOLTE-FACE Ministry’s regional office earlier said plot where 7K trees were felled was ‘deemed forest’

- Jayashree Nandi jayashree.nandi@htlive.com

NEWDELHI: More than a year after the environmen­t ministry’s regional office concluded that a plot of land where more than 7,000 trees were felled for a group housing project — being developed by Bharti Land Limited — in Faridabad was a “deemed forest,” the ministry informed the National Green Tribunal (NGT) on Thursday that the area is, in fact, not a forest.

The ministry’s U-turn has left activists in Haryana puzzled.

NGT was hearing a petition against the Haryana government for permitting the felling of more than 7,000 trees, including mesquite and axlewood (dhau), to make way for a group housing colony in Sarai Khwaja village in Faridabad.

One of the main contention­s of the plea filed by Lt Col (Retd) Sarvadaman Singh Oberoi through advocate Ritwick Dutta was that Haryana government was in violation of the Supreme Court orders as per the TN Godavarman and Lafarge judgments pertaining to forest issues in 1996 and 2011 respective­ly. Those judgments said that irrespecti­ve of whether an area is a forest as per revenue records, it will be covered by the Forest Conservati­on Act, 1980, and cannot be used for any non-forestry activity without the Centre’s permission if it meets the dictionary meaning of the word forest.

On Thursday, the union environmen­t ministry in an affidavit said: “It has been confirmed that this land is neither part of Aravalli Plantation Project nor of Aravalli notificati­on…the ministry agrees with the averment of the state government that the land measuring 52.85 acres is not a “forest land” for the purpose of the Forest Conservati­on Act (1980).”

This submission contradict­s the ministry’s own regional August 2017 inquiry report which stated that the area in question has dense vegetation and is to be treated as a forest as per the dictionary meaning of the word.

“As per felling permission dated June 23, 2017, about 38,941 number of trees existed on the spot, indicating that 1846 number of trees existed per ha. The density was very high. As per vegetation status, the stand of Haryana forest department to treat the land as deemed forest seems to be justified,” the inquiry report concluded.

The environmen­t ministry in Thursday’s affidavit, however, put the onus on Haryana. The ministry recommende­d that the definition of the Aravallis in the environmen­t ministry’s 1992 notificati­on (which was meant only for Gurugram in Haryana and Alwar in Rajasthan) also be used to delineate Aravallis in the entire National Capital Region. But this hasn’t been done by Haryana government yet.

“It is the responsibi­lity of the state government (Haryana) to identify forests, Aravalli range, and other features in the Natural Conservati­on Zone or NCZ (where developmen­t activity is restricted)...; the state government should immediatel­y identify forest outside the recorded forest (area) as per the dictionary meaning,” the affidavit added.

Haryana is the state with the lowest forest cover in the country, at 3.59%.

The environmen­t ministry’s stance is significan­t because the Haryana government has been dragging its feet on both finalising NCZ areas and has also recently proposed amending the Punjab Land Preservati­on Act (PLPA), a move which will open up more land for real estate developmen­t.

The amendment involves excluding tracts of land included in the final developmen­t plans or town improvemen­t plans from the ambit of PLPA. This developmen­t could affect the Aravallis, catchments of the Badhkal, Surajkund and Damadama lakes, and other forest areas in the state. The Haryana government is also yet to identify forests as per dictionary meaning of the word in the state.

The NGT on Thursday did not pass any orders based on the environmen­t ministry affidavit but only observed that the affidavit may not have looked in detail at the regional office’s inquiry report.

“The court today rightly observed that the environmen­t ministry has discussed the stand of the state government but not discussed the findings of the enquiry report of its own regional office. The regional office report concludes that the area in question had around 39000 trees and stems, indicating a high density of trees, with moderate to dense forest cover,” said Chetan Agarwal, a Gurugramof­fice’s

based environmen­tal activist.

The land in question belongs to Ajay Enterprise­s Limited, which has entered into an agreement with Bharti Land Limited for the developmen­t of the project. “The matter has been deferred to February 28 so I will not be able to comment on it,” said SK Sayal, CEO, Bharti Realty Limited, of which Bharti Land Limited is a part.

Sanjiv Ailawadi, lawyer representi­ng Ajay Enterprise­s Limited said, “In our interactio­ns, Haryana government and the Centre have maintained that this is not forest. If it was a forest we would have to apply for a forest clearance first before we could get an environmen­tal clearance.”

 ?? REPRESENTA­TIVE PHOTO/ HT ARCHIVE ?? The environmen­t ministry’s submission contradict­s its own regional office’s August 2017 inquiry report that stated that the area in question had dense vegetation and was to be treated as a forest.
REPRESENTA­TIVE PHOTO/ HT ARCHIVE The environmen­t ministry’s submission contradict­s its own regional office’s August 2017 inquiry report that stated that the area in question had dense vegetation and was to be treated as a forest.

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