Supreme Court sets aside NGT's 'ruthless' order for removal of centre for leprosy patients

New Delhi: Calling it a "ruthless order", the Supreme Court on Tuesday set aside an NGT verdict directing the removal of a centre for leprosy patients running since 1960 in Pune.

A bench of Justices Surya Kant and Ujjal Bhuyan set aside the NGT order directing authorities to remove it for allegedly encroaching the forest land.

"There is something called humanity; something called compassion and empathy. They (leprosy patients) are part of the society. We are giving lectures in five-star hotels on inclusivity and other things, and here a ruthless order is passed, without even hearing the society. All kinds of things are happening in the name of forests and environment in this country," the bench said.

The top court said the green tribunal should have at least heard the society, running for decades, before passing such "sweeping directions" for removal of alleged encroachments from forest land.

The top court said that the western zone bench of the NGT regardless of the categorical stand taken by some of the alleged encroachers that they had nothing to do with the forest land and hadn't encroached it in any manner, passed an order for the removal without assigning any reason and discussion on the issue.

"We are constrained to observe that the tribunal has failed to observe the principles of natural justice and has passed sweeping directions without determining whether the subject land is forest land and if so whether it has been duly notified under the relevant statutes," it said.

The bench further noted that no opportunity was granted to the bonafide users of the site in question like the appellant society, which established that a leprosy centre was being run with prior permission of the authorities concerned.

"The issue as to whether the strict parameters are liable to be relaxed in a case of exceptional circumstance like a charitable trust run for the welfare and rehabilitation of leprosy patients for decades and for providing them timely medical treatment also deserves to be uprooted from the site treating alike a commercial venture are several factors which the tribunal ought to have kept in mind before issuing the omnibus directions," the bench said.

It said that a quasi judicial body like the NGT must keep in mind the bonafide and locus standi of a person who approaches it.

"In a given case, if a applicant has not come to tribunal with clean hands and entire objective of his application is to grind an axe to settle score, it is the bounden duty of the tribunal to accord a reasonable opportunity to be heard to the parties likely to be affected and give an opportunity to enable them to demonstrate that the concerned applicant has not approached the tribunal with the bonafide intentions," it said.

The bench said in the case at hand, the applicant, a resident of Pune appears to have approached the tribunal "one fine morning without even disclosing that the structure of the society came to be raised in the year 1960." It said, unfortunately the officers of the forest department who were present before the tribunal also did not disclose the correct facts leading to an immense hardship to the appellant society.

It set aside two impugned orders dated January 23, 2018 and May 26, 2017 of the tribunal but allowed the green tribunal to proceed against those who have encroached upon the forest land for commercial gains.

However, the bench said no adverse orders to a party should be passed without giving an opportunity to be heard.

The bench noted that appellant society was a public charitable trust at a village in Pune, Maharashtra and was been working for the welfare and rehabilitation of leprosy patients since 1960.

It said the trust possesses three acres of land and had access to the road.

"Since the appellant trust has also been directed to remove its structure where leprosy patients have been treated for decades, the instant appeal has been filed and in which this court had directed to maintain the status quo at the site on December 13, 2019," the bench noted.

One Ramesh Aarge, who is a Pune resident, moved the NGT in 2015 alleging destruction of forest land due to the encroachments, pointing out six such points in the area.

The NGT tribunal had asked the principal chief conservator of forest and chief conservator of forest besides other officials to make an inspection on the spot mentioned by the petitioner and ordered removal of encroachments.

It directed police to provide necessary assistance in the anti-removal of the encroachment drive.