Proposed petrol pump on Aravalli land in violation of environment ministry norms, rules NGT

The National Green Tribunal (NGT) has ruled that land allotted for a proposed petrol pump in Chakkarpur village violates norms set by the union environment ministry

The National Green Tribunal (NGT) has ruled that land allotted for a proposed petrol pump in Chakkarpur village violates norms set by the union environment ministry. Upholding the status of the land parcel — allotted by the Municipal Corporation of Gurugram (MCG) to a public sector oil and gas company — as Aravalli forest, the NGT has directed the district administration to “enforce the law” in the matter and file an action taken report.

HT Image

This development comes on the back of a petition filed by a city-based NGO, Manav Awaaj Trust, in January. The petition, a copy of which is with HT, alleges that the MCG’s allotment of land for the project amounts to an “unlawful diversion of forest land for non-forestry purposes”.

As per revenue records, reviewed by HT, the land in question is also categorised as “gair mumkin pahad” or uncultivable hilly lands. The petition also references a letter from the district forest department to the deputy commissioner, dated July 29, 2020, pointing out this violation.

The letter from the forest department to the district administration states that the land “comes under the Aravalli plantation zone. This zone is considered as a forest as per the Supreme Court (SC). Any non-forestry activity conducted in the forest area without the permission of MoEF&CC is a violation of the Forest Conservation Act, 1980 and orders of the SC.”

The letter further states that the implementing agency must first take permission from the Centre before proceeding with the project.

Hearing the matter on February 9, the NGT noted, “In spite of the said stand of the forest department, the MCG has failed to take the remedial action to enforce the law. Use of forest land for non-forest purposes is also in violation of the ministry of environment, forest and climate change (MoEF&CC) notification dated 07.05.1992 with regard to the Aravalli range”. A copy of the order was shared with HT on Monday.

Despite the current laws, the MCG had, on March 15, 2019, leased out a 150-square metre land parcel in Chakkarpur to a private sector entity for a period of 30 years, with a payable rent of ₹2.25 lakh per month (subject to a 25% increase every three years). The petrol pump, however, is yet to come up.

Abhay Jain, spokesperson, Manav Awaaj Trust said, “We took the matter to NGT after the government did not take any action despite repeated requests to not go ahead with the project on forest land. The NGT has now taken cognizance of the issue of land leased by the municipal corporation to install petrol pumps in an area of the forest department in Gurugram.”

Vinay Pratap Singh, municipal commissioner, Gurugam, did not respond to requests for comment on Monday.

However, speaking to HT regarding the matter in December last year, Singh had said, “We have received representation regarding the apprehensions related to grant of lease of land for fuel retail outlet (petrol pump). Environmental concerns about forest and Aravalli notification have been raised, citing various environmental regulations and orders of courts. We are examining the case to clear all apprehensions before moving forward with the lease. The applicant will have to get all environmental and forest clearances from concerned government department before getting permission from MCG.”

On January 16, 2021, Gurugram MLA Sudhir Singla also wrote to the principal secretary of Urban Local Bodies department, Haryana government, requesting cancellation of the land allotment.

Singla, in the letter, wrote, “…The allotted land is a gair mumkin pahar and forms part of the National Conservation Zone and the protected forest area. There is even a restriction on any commercial activity by the hon’ble high court on such land... It is therefore requested that the allotment of the land be cancelled so that there is no further damage to the forest area…”

When contacted on Monday, RS Dhull, divisional forest officer of Gurugram, said, “I will not be able to comment on this matter as I am yet to read the NGT order.”

Yash Garg, deputy commissioner of Gurugram, did not respond to calls and messages on Monday.