Rajinder Krishan Sharma Ifs Retd vs. Union Of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. _______/2018 (@CIVIL APPEAL DIARY NO(S). 14013/2018)

RAJINDER KRISHAN SHARMA IFS RETD. APPELLANT(s)

VERSUS

UNION OF INDIA & ORS. RESPONDENT(s)

O R D E R

Delay condoned.

Digitally signed by ASHWANI KUMAR Date: 2018.05.16 17:00:15 IST Reason:

Signature Not Verified

While dismissing the review petition by the impugned order the Tribunal has given two reasons which are as follows:

1. The issue raised by the appellant in the Original Application was the same which was the subject matter of the previous proceedings in O.A. Nos. 127/2013, 155/2013, 156/2013 and 120/2013 wherein the same issue was dismissed and the said judgment in rem and not in personam and because of this reason the appellant could not have filed another Original Application on the same issue. In the opinion of the Tribunal it operates as a bar to the subsequent proceedings which was raised in Original Application No. 123/2016 instituted by the appellant.

2. The review application was filed after the expiry of 30 days and, therefore, such a review application was not maintainable.

Insofar as second reason is concerned, we need not go into the same. We find that Original Application No. 123/2016 which was filed by the appellant was dismissed vide order dated 22.09.2017 inter alia on the following grounds:

"11. Further it is urged that Tribunal vide its order dated 01.04.2014 has held in clear term that the land in question which is used or likely to be affected by the project in question does not fall in the definition of forest land and further held that land in question is not within the domain of the Forest Act and as such the provisions of Forest Conservation Act, 1980 do not apply or are attracted. They have relied on the communication issued by the Divisional Forest Officer, Gurgaon District, Haryana, granting requisite permission on 04.04.2012 for felling of trees and the fact that the same issue was considered by the Tribunal held in favour of the project proponent and against the applicant."

It is clear from the above that there was a specific finding arrived at in the previous proceedings that the land in question is not a forest land and this finding, the Tribunal rightly concluded, was finding in rem. There is no reason to interfere with the order impugned.

The appeal is dismissed.

......................J. [A.K. SIKRI]

......................J. [ASHOK BHSUHAN]

NEW DELHI; MAY 14, 2018.

ITEM NO.15 COURT NO.6 SECTION XVII

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

CIVIL APPEAL Diary No(s). 14013/2018

RAJINDER KRISHAN SHARMA IFS RETD Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

( IA No.65231/2018-CONDONATION OF DELAY IN FILING and IA No.65234/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT )

Date : 14-05-2018 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN

• For Petitioner(s) Mr. Vaibhav Verma, Adv. Mr. Jitendar Singh, Adv. Mr. Sahil Tagotra, AOR
• For Respondent(s) Mr. Pinaki Misra, Sr. Adv. Ms. Ruby Singh Ahuja, Adv. Ms. Deepti Sarin, Adv. Ms. Aakanksha Munjhal, Adv. Ms. Manik Karanjawala, Adv. M/S. Karanjawala & Co., AOR

UPON hearing the counsel the Court made the following O R D E R

Delay condoned.

The appeal is dismissed in terms of the signed order.

Pending application(s), if any, stands disposed of accordingly.

(ASHWANI THAKUR) (MALA KUMARI SHARMA) COURT MASTER (SH) COURT MASTER (Signed order is placed on the file)