Order of the National Green Tribunal in the matter of Sarv Jan Kalyan Sewa Samiti Vs Union of India & Others dated 13/07/2021.

Question for consideration is the remedial action for established violation of Forest (Conservation) Act, 1980 in use of protected forest land for non-forest purposes by Medanta Hospital in Sector 38, Gurgaon with the permission of Haryana Shehari Vikas Parishad (HSVP), who allotted the said land in public auction, after illegal acquisition in the year 2004 - the illegality came to light in proceedings before the NGT in 2017.

In terms of the inspection report of the Regional Officer MoEF, September 11, 2018, the area of reserved forest in question is 5530 sq yards. Medanta has surrendered 3200 sq yards. In lieu of remaining 2330 sq yards, Medanta has offered to give alternative land, at its cost, to be used as reserved forest.

The NGT said that it was wrong on the part of HUDA/HSVP for putting forest land to auction - without permission for diverting the forest land for non-forest purposes. And for the 3200 sq yard of land, which was surrendered by the Medanta, the court directed that the land be restored to the forest department as protected forest and managed by the forest department as per Forest Act, 1927.

The Chief Administrator, Haryana Shahari Vikas Pradhikaran (HSVP), Gurgaon has to ensure this within a month and also directed the HSVP, Gurgaon to pay compensation equal to 5 times of the NPV and also deposit the Compensatory Afforestation charges, as per applicable procedure.