Dismissed

Vikram Singh v. State of Haryana

NGT4 Nov 2024Original Application No. 831/2024

Case brief

AI extract

What is this about?

The applicant alleged cutting of trees on Goucher land. The NGT held the matter is under consideration by the Punjab and Haryana High Court, forbade parallel proceedings to avoid conflicting orders, and disposed of the application directing the applicant to join the pending High Court writ petition.

What did the court decide?

Application disposed of; applicant directed to file complainmeant in the pending Writ Petition before the High Court.

Vikram Singh vs State of Haryana — Environment and Pollution | NGT (2024)

¶1

Item No.04

¶2

Court No. 1

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

¶4

Original Application No. 831/2024

Vikram Singh

Applicant

Versus

State of Haryana & Ors.

¶9

Respondent(s)

¶10

Date of hearing: 04.11.2024

¶11

CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

¶12

Applicant: Mr. Anil Kumar Sharma, Adv. for Applicant (Through VC)

¶13

ORDER

¶14

In this Original Application, one of the residents of Village Balewa, Tehsil Pataudi, District Gurugram, has raised a complaint that land bearing 18/19, 18/21 and 19/25 of the village is reserved for Goucher Land/grazing purposes as per the scheme Angraj Jadid for village Ahemadpur.

¶15

It has also been stated that during the consolidation of land in Revenue Estate Ahemadpur formed part of village Balewa. Further plea of the applicant is that there are several green trees of Kikar, Neem, Peepal, Vat/Bargad, Sheesham etc in this Goucher Land. but the Respondent No. 13 Sarpanch of the Gram Panchayat, Balewa got demarcated the above Goucher land cutting trees for carving out residential plots for the BPL families.

¶16

During the course of the argument, Learned Counsel for the Applicant admitted that CWP No. 14061-2024 Radhe Shyam and another Vs. State of Haryana and others is pending before the Punjab and Haryana High Court which has been filed by some of the Villagers of the

¶17

¶18

same village raising grievances relating to the use of Goucher Land for cutting the residential plots. He does not dispute that in the writ petition, the issue of illegal felling of trees is also involved. The High Court in CWP No. 14061-2024 has passed the following order on 13.08.2024:

¶19

“Separate affidavits on behalf of respondent Nos.5 & 7 have been filed. The same are taken on record. Copies have been supplied to counsel for the petitioner.

¶20

Keeping in view the earlier order, let formal notice of motion be issued.

¶21

Mr. Mittal accepts notice on behalf of respondent Nos.1 to 6 & 8. Mr. Sood accepts notice on behalf of respondent No.7. While referring to paragraph No.6 of the affidavit filed by respondent No.5, counsel for the State has submitted that no trees are being cut. It is also admitted by the parties that the permission to cut the trees has been rejected.

¶22

Adjourned to 21.11.2024. Replication, if any, be filed by the said date.”

¶23

The learned counsel for the applicant does not dispute that in compliance of the above interim order of the High Court, no further felling of trees is being done in the area concerned.

¶24

We find that the same issue is under consideration before the Punjab and Haryana High Court; therefore, a parallel proceeding cannot be initiated before the Tribunal as it may result in the passing of conflicting orders.

¶25

Therefor proper course available to the applicant is to raise his grievance by filing appropriate in the pending matter before the High Court.

¶26

Hence, the O.A. is disposed of accordingly.

¶27

Prakash Shrivastava, CP

¶28

Dr. A. Senthil Vel, EM

¶29

November 4, 2024 O.A. No. 831/2024 HB..

¶30

Vikram Singh v. State of Haryana

Case brief

What is this about?

What did the court decide?

Vikram Singh v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Om Prakash vs

News Item Titled "Sonbhadra : File Me Simta Uppcb Ka Vayu Pradushan Niyantran Jaane Pura Mamla" Appearing in Newstrack.Com Dated 24.03.2024 vs

Rafikur Rehman So Shafekurrehman vs

Ajab Singh Solanki vs

Sumit Kumar Rastogi vs

Surender Kumar Mahto vs

Arun Jain vs

Murugharaj vs

Hubtown Limited vs Ministry of Environment Forest and Climate Change

Ashok Chandra Gautam vs Governing Body Members of Piyush Heights Residents Welfare Association Sector- 89 Faridabad (Phrwa)

Ashok Chandra Gautam vs Governing Body Members of Piyush Heights Residents Welfare Association Sector- 89 Faridabad (Phrwa)

Jasbir Singh vs NCT of Delhi

Jasbir Singh vs NCT of Delhi

Sandeep Kumar Singh vs State of Uttar Pradesh through District Magistrate Gautam Buddh Nagar