In a significant development concerning environmental protection in the National Capital Region, the Supreme Court of India has stepped into a contentious dispute over alleged forest land diversion in Gurgaon. The apex court has issued formal notices to the Central government and the Central Pollution Control Board (CPCB) based on a civil appeal that contests a recent order from the National Green Tribunal (NGT).
The Core of the Controversy: Protected Land and Luxury Apartments
The appeal, which has now reached the highest court, challenges the NGT's dismissal of allegations concerning a luxury residential complex. The petitioners, retired IFS officer RK Sharma and journalist-social worker Pawan Kumar Bansal, allege that the Ambience Island Lagoon Apartments in DLF Phase 3 were constructed by illegally diverting a notified protected forest land. The specific area in question is the Sikandarpur-Nathupur bundh and the Nathupur drain, located near the sensitive Delhi-Gurgaon border.
Bansal, in his statements, emphasized that their fight is against what they perceive as "commercial construction" on land that should remain protected. The original plea before the NGT, which was filed on July 11, 2024, argued against illegal encroachment and construction activities on this ecologically significant tract.
Legal Proceedings and Judicial Scrutiny
A Supreme Court division bench, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, heard the matter. The bench not only issued the notices to the concerned authorities, making them returnable by March 23, but also took the notable step of permitting the petitioners to appear and argue the case in person. This move underscores the court's serious consideration of the issues raised.
During the proceedings, the petitioners brought to light another critical aspect of the case. They pointed out that the Haryana government had initially filed a case against the developer in the Faridabad environment court. However, in a puzzling turn of events, the state later decided to withdraw this prosecution. The appellants have challenged this withdrawal as part of their larger quest for environmental justice.
The Road Ahead and Environmental Accountability
The primary demand put forth by Sharma and Bansal is the restoration of the disputed land to the Haryana Forest Department. Their appeal to the Supreme Court represents a persistent effort to hold entities accountable for potential violations of green laws and land-use regulations. The case highlights the ongoing tension between rapid urban development in regions like Gurgaon and the imperative to conserve protected forest ecosystems.
The Supreme Court's intervention marks a new chapter in this legal battle. By seeking responses from the Centre and the CPCB, the court has effectively placed the allegations of forest land diversion under heightened national scrutiny. The outcome, expected after the returnable date in March, could set a crucial precedent for how similar disputes between real estate development and environmental conservation are adjudicated in the future.
