Disposed

In Re News Item Titled Pvt. Buses Turn Miyawaki Forest Into Parking Bay Appearing in the Times of India Chennai Edition Dated 18TH July 2025 v. National Highways Authority Represented by Its Regional Officer

NGT9 Sept 2026Original Application No. 142/2025

Case brief

AI extract

What is this about?

On its own motion, the NGT Southern Zone examined allegations that a Miyawaki forest developed by NHAI was converted into a bus parking area. NHAI submitted status reports with photographic evidence confirming the forest is free from encroachment and that such activity has ceased.

What did the court decide?

No further directions were considered necessary as the alleged encroachment had ceased and the forest was being maintained.

In Re News Item Titled Pvt. Buses Turn Miyawaki Forest… — Environment and Pollution | NGT (2026)

¶1

Item No.5:-

¶2

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

¶3

Wednesday, the 09^th day of September, 2026.

¶4

[Through Physical Hearing (Hybrid Option)]

¶5

Original Application No.142 of 2025 (SZ)

¶6

IN THE MATTER OF

¶7

Tribunal on its own motion Suo Motu based on the news item published in ‘The Times of India’, dated 18.07.2025, titled “Pvt buses turn Miyawaki forest into parking bay”.

¶8

With

¶9

1. National Highways Authority of India

¶10

Represented by its Regional Officer, Regional Office, Chennai, 5^th Floor, CMRL Building, Poonamallee High Road, Koyambedu, Chennai – 600 107.

¶11

2. Commissioner of Police

¶12

Greater Chennai Police, No.132, Commissioner Office Building, EVK Sampath Road, Vepery, Chennai – 600 007.

¶13

3. Greater Chennai Corporation Rep. by its Commissioner, Ripon Building, Chennai – 600 003.

¶14

[R3 – Suo Motu impleaded as per order dt.29.07.2025]

¶15

…Respondent(s)

¶16

For Applicant(s): Suo Motu. For Respondent(s): Mrs. S.R. Sumathy for R1. Mr. J. Pradeep for R2. Dr. S.B. Nirmalatha for R3.

¶17

Judgement Reserved on: 03^rd September, 2026.

¶18

CORAM :

¶19

HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

¶20

HON’BLE Dr. PRASHANT GARGAVA, EXPERT MEMBER

¶21

Page 1 of 5

¶22

J U D G M E N T

¶23

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

¶24

1) The present proceedings arise out of a newspaper report alleging that the Miyawaki forest developed by the National Highways Authority of India ( NHAI ) near the Maduravoyal Grade Separator had been substantially damaged and that the land earmarked for the said forest had been converted into a parking area for private/omni buses.

¶25

2) The newspaper report alleged that the site, which was said to have been developed as a Miyawaki forest approximately five years earlier, had initially grown into a lush green plantation, but was subsequently occupied by private buses. It was reported that the buses had run over and damaged the trees and that the area had effectively been converted into an open parking ground. It was further reported that approximately 30 to 40 private buses bound for Bengaluru, Vellore, Salem and Krishnagiri were found occupying the area.

¶26

3) The newspaper report also quoted the version of the Project Director of NHAI that the authority was not aware that private buses were parked at the location and that such use of the area could not be permitted if it resulted in damage to the Miyawaki forest and that the site would be inspected and appropriate action would be taken. On the other hand, representatives of private bus operators reportedly stated that the buses were being parked at the location owing to the absence of adequate parking facilities in and around Koyambedu.

¶27

4) Upon notice, the respondents have entered appearance and filed their respective pleadings.

¶28

5) The 1^st Respondent/NHAI has filed a status report dated 23.01.2026, stating that the land comprised in Survey No.3, including the sub-divisions thereof, situated at Vanagaram Village, Maduravoyal Taluk, Tiruvallur District, was acquired for highway purposes and thereafter developed and maintained as a Miyawaki forest from the year 2020. The NHAI has furnished details concerning the acquisition of the land. An extent of 7,600

¶29

Page 2 of 5

¶30

sq. metres comprised in Survey No.3 of Vanagaram Village was acquired by the National Highways Division of the State Highways Department vide Award No.1/98 dated 11.09.1998 under the provisions of the Land Acquisition Act, 1894. The remaining portions were acquired by the Special District Revenue Officer (Land Acquisition), National Highways, Tiruvallur, acting as the Competent Authority appointed by the Central Government, pursuant to Award No.50/2005 dated 07.03.2006 and Award No.3/2005 dated 02.06.2006. Certain portions were also acquired through private negotiations.

¶31

6) It is further stated by the NHAI that, subsequent to the acquisition, the land was developed as a Miyawaki forest and has since been maintained by the authority. The lands comprised in Survey No.3 have also been mutated in favour of NHAI under Patta No.14750.

¶32

7) The NHAI has specifically stated that, after mutation of the land in its favour, access to the property by outsiders was prevented by cutting trenches along the main thoroughfare. The NHAI has categorically reported that there is presently no private occupation whatsoever in the said area and that the Miyawaki forest near the Maduravoyal Bypass is presently free from encroachment and is no longer being used as a parking area by omni-bus operators. In support of its present position, the NHAI has annexed photographs with latitude and longitude details. The NHAI has also undertaken to continue maintaining the Miyawaki forest in future in the best possible manner.

¶33

8) The 3^rd Respondent/Greater Chennai

¶34

Corporation (GCC) , in its status report dated 30.09.2025 , has placed the jurisdictional position before the Tribunal. It has stated that, following the expansion of the Chennai Corporation in 2011 from 176 sq. km. to 426 sq. km., various local bodies were merged with the Greater Chennai Corporation pursuant to G.O. (Ms.) No.97, Municipal Administration and Water Supply Department, dated 19.07.2011. The administration of the concerned municipalities, town panchayats and village panchayats was thereafter taken over by the Greater Chennai Corporation. Upon inspection, however, the GCC officials found that the private

¶35

Page 3 of 5

¶36

buses referred to in the newspaper report were parked beyond the limits of the Greater Chennai Corporation, within the jurisdiction of Vanagaram Municipality.

¶37

9) We have carefully considered the allegations made in the newspaper report, the status reports filed by the respondent authorities and the submissions made by the learned counsels appearing for the respondents.

¶38

10) The grievance raised in the newspaper report was that the Miyawaki Forest developed by the NHAI near the Maduravoyal Bypass had been damaged by private buses and that the area was being used as a parking space. The said allegation has been specifically examined by the NHAI. In its status report dated 23.01.2026, the NHAI has stated that the land comprised in Survey No.3 of Vanagaram Village was acquired for public purposes and that a Miyawaki Forest has been developed and maintained thereon since 2020. The NHAI has further stated that the land stands mutated in its favour under Patta No.14750 and that access by outsiders has been prevented by providing trenches along the main thoroughfare.

¶39

11) More importantly, the NHAI has categorically reported that the Miyawaki Forest is presently free from encroachment and is no longer being used as a parking area by omni-bus operators. Photographs taken using a GPS-enabled camera have also been placed on record in support of the said position. The NHAI has further undertaken to maintain the Miyawaki Forest in future also in the best possible manner.

¶40

12) It is relevant to observe that the Miyawaki method, developed by Japanese botanist Akira Miyawaki , involves creating dense, multilayered forests with native species in small areas. It is particularly suitable for urban areas like Chennai, where land availability for conventional forests is limited, enabling underutilised spaces to be converted into green areas. Such forests enhance urban greenery, support biodiversity, improve microclimatic conditions, reduce dust and particulate matter, aid carbon sequestration and rainwater infiltration and serve as valuable ecological assets whose importance increases as the

¶41

Page 4 of 5

¶42

vegetation matures. Therefore, once such a forest is created on public land, its protection and continued maintenance are of equal importance.

¶43

13) In the present case, since the NHAI has confirmed that the alleged parking activity has ceased, the area is presently free from encroachment and the Miyawaki Forest continues to be maintained, the grievance raised in the newspaper report stands addressed. However, the NHAI shall remain vigilant and ensure that the forest is not subjected to any unauthorised occupation or activity resulting in damage to the plantation.

¶44

14) In view of the subsequent developments and the undertaking given by the NHAI, no further directions are considered necessary at this stage. Accordingly, the Original Application [O.A. No.142 of 2025 (SZ)] is disposed of .

¶45

Sd/-
Smt. Justice Pushpa Sathyanarayana, JM
Sd/-
Dr. Prashant Gargava, EM
Internet – Yes/No
All India NGT Reporter – Yes/No

¶46

O.A. No.142/2025 (SZ) 09^th September, 2026. Mn.

¶47

Page 5 of 5

In Re News Item Titled Pvt. Buses Turn Miyawaki Forest Into Parking Bay Appearing in the Times of India Chennai Edition Dated 18TH July 2025 v. National Highways Authority Represented by Its Regional Officer

Case brief

What is this about?

What did the court decide?

In Re News Item Titled Pvt. Buses Turn Miyawaki Forest Into Parking Bay Appearing in the Times of India Chennai Edition Dated 18TH July 2025 v. National Highways Authority Represented by Its Regional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Habib Mohammad vs State of Rajasthan through Its Chief Secretary

Vivasayeegal Mattrum Suthrusuzhal Paathukapu Sangam Erode Represented by Vijayakumar vs Sunraja Oil Industries Pvt. Ltd.

Mr Ahmed Riyas vs State of Tamil Nadu Rep by Its Principal Secretary Environment Forest and Climate Change Department Secretariant Complex Namakkal Kavignar Maaligai

Bablu Kumar Vanshal vs State of Madhya Pradesh

Bhom Singh vs Jai Bholenath Resort

Puru Sharma vs Union of India

Rakhi Bala Singare vs State of Madhya Pradesh

Mr Sumit Vilas Kdam vs the Maharashtra Pollution Control Board

Vivasayeegal Mattrum Suthrusuzhal Paathukapu Sangam Erode Represented by Vijayakumar vs Sunraja Oil Industries Pvt. Ltd.

Mr Ahmed Riyas vs State of Tamil Nadu Rep by Its Principal Secretary Environment Forest and Climate Change Department Secretariant Complex Namakkal Kavignar Maaligai

Vivasayeegal Mattrum Suthrusuzhal Paathukapu Sangam Erode Represented by Vijayakumar vs Sunraja Oil Industries Pvt. Ltd.

Fishing Boat Owners Association vs Kerala Coastal Zone Management Authority

Fishing Boat Owners Association vs Kerala Coastal Zone Management Authority

Fishing Boat Owners Association vs Kerala Coastal Zone Management Authority