In the court of learned special judge, human rights, gurugram cm 788 of 2019 in the matter of



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IN THE COURT OF LEARNED SPECIAL JUDGE, HUMAN RIGHTS,
GURUGRAM

CM 788 OF 2019

IN THE MATTER OF
Sarvadaman Singh Oberoi,
….Applicant/Informant/Petitioner/Whistleblower-in-person

Versus
Union of lndia and others
…….Respondents



INDEX
S.No. Item
Date
Page
1
Memo of Parties
27.05.19 1

Application (Information) and affidavit in Human Rights with Affidavit us 30 Act 10 of 1994 27.05.19 2-8

Place: Gurugram Date 27.05.2019
Applicant/Informant/Petitioner/Whistleblower-in-person
Sarvadaman Singh Oberoi
1102, Tower 1, Uniworld Garden, Sector 47, Gurugram 122018 Mob 9818768349, Email manioberoi@ gmail.com

















IN THE COURT OF LEARNED SPECIAL JUDGE, HUMAN RIGHTS,
GURUGRAM


IN THE COURT OF LEARNED SPECIAL JUDGE, HUMAN RIGHTS,
GURUGRAM
CM 788 OF 2019
MEMO OF PARTIES
Sarvadaman Singh Oberoi, aged 70 years,
1102, Tower 1, Uniworld Garden I · Sector 47, Gurugram, Haryana, 122018 Email manioberoi@gmail.com Mob 9818768349
….Applicant/Informant/Petitioner/Whistleblower-in-person
Versus
1. Union of lndia Through The Cabinet Secretary
Cabinet Secretariat, Government of India,
Rashtrapati Bh.awan, New Delhi 110004
Email:.cabinetsy@nic.in
2. The State of Haryana through the Chief Secretary,
Government of Haryana,
Haryana Secretariat,
Sector 1, Chandigarh, Email cs@hry.nic.in
Respondents
Place: Gurugram Date 27.05.2019
Applicant/Informant/Petitioner/Whistleblower-in-person
Sarvadaman Singh Oberoi
1102, Tower 1, Uniworld Garden, Sector 47, Gurugram 122018 Mob 9818768349, Email manioberoi@ gmail.com
1

IN THE COURT OF LEARNED SPECIAL JUDGE, HUMAN RIGHTS,
GURUGRAM
CM 788 OF 2019
IN THE MATTER OF
Sarvadaman Singh Oberoi,
….Applicant/Informant/Petitioner/Whistleblower-in-person
Versus
1. Union of lndia Through The Cabinet Secretary
Cabinet Secretariat, Government of India,
Rashtrapati Bh.awan, New Delhi Email. cabinetsy@nic.in
2. The State of Haryana through the Chief Secretary,
Government of Haryana,
Haryana Secretariat,
Sector 1, Chandigarh, 16000 Email cs@hry.nic.in
Respondents
INFORMATION IN THE MATTER OF SUSTAINED OMISSION TO
ACT INHUMAN RIGHTS ENVIRONMENT MATTERS AT
NATIONAL LEVEL FROM 05.07.1988 TO DATE CAUSING A SLOW
AND STEADY MARCH TOWARDS POTENTIALLY
CATASTROPHIC (AKIN TO GENOCIDE) ... us 30 Act 10 of 1994
MOST RESPECTFULLY SHOWETH:
1. That, the instant Information Pt1tition has been filed by the above named
Informant/Petitioner under Article 51 A of the Constitution of India, so that Respondents no 1 & 2, keeping in mind the precautionary principle to protect. the people at large, are assisted to participate in arriving at a just decision, by this (Primary) Human Rights Court in this matter of sustained omission to act in Human Rights Environment Matters at National Level from 05.07.188 to date causing a slow and steady march towards potentially catastrophic (akin to genocide) air, water, soil, noise & radiation pollution,.heavy use of water, forest, fuel & land huge waste & pollution generation, urban overcrowding, high energy use & increased social tension conflict, respiratory diseases of
2
children, degraded land, air & water, disdain for citizen action feedback amid rising public distress by Governments State Centre, overconsumption & overpopulation leading to unmitigated deforestation, ignorance of Government about District Wise Population Carrying Capacity to arrive at a Sustainable Population Limit for India's Carrying Capacity as a whole, worsening quality of life, belittling by Governments of the seventh & eighth key elements of development, i.e. (7) Assurance of Basic Human Rights (8) Conservation of Nature and Natural Resources, rapidly rising agrarian distress compounded by ineffective executive controlled vigilance machinery, allegations of one million air pollution deaths per annum in India, three-fourths of Earths land surface has undergone drastic change in last Century amid irretrievable biodiversity loss of a million species worldwide, Ministry of Statistics and
Programme Implementation reported 14 fold spike in heatwaves and 34 fold spike in coldwaves in 2017 compared to 2016 in India - these extreme weather incidents are fuelled by greenhouse gases & climate change, and therefore the need for this individual action.
2. That, earlier in CM 699 of 2019 & CM 737 of 2019, a detailed analysis revealed that the environment in Gurgaon/ Gurugram (worlds most polluted city) as also in India (North West) faces a crisis of Aggression from across the borders. That the Aggression concept has been validated in earlier inchoate proceedings on 13.05.19.
3. The respondent No. 1 is the Cabinet Secretary of India, who is required to deal with this inter-ministerial/ intergovernmental matter under the procedures and policies envisaged in Government of India (Allocation of Business) (AoB) Rules, 1961.
4. The respondent No is the Chief Secretary of the Government of Haryana,
who is required to deal with this inter-ministerial/ intergovernmental matter.
3

5. That since this is not an adversarial litigation, the absence of an independent public prosecutor at initial stages of the lis may be filled in by about
15.08.2019 inappropriate and judicious orders on the judicial side after granting opportunity to the Respondent No. 1.
6. That since this is not an adversarial litigation the perceived defect of Article Notification of this (Primary) Human Rights Court at initial stages of the
lis may be filled in by about 15.08.2019 inappropriate and judicious orders on the judicial side after granting opportunity to the Respondent No. 1.
7. That the Respondents have constructive notice of Draft Rules for
Independent Public Prosecutors hence maybe adopted by about 15.08.2019 inappropriate and judicious orders on the judicial side after granting opportunity to the Respondent No. 1.
8. That the Respondents have constructive notice of Draft Rules for (Primary)
Human Rights Courts hence maybe adopted by about 15.08.2019 inappropriate and judicious orders on the judicial side after granting opportunity to the Respondent No. 1.
9. That the single most pressing issue in this human rights petition would surely be Deforestation caused by the Constitutional objective of development' of better quality of life and health and the unintended shooting up of population from about 330 million onto over 1366 million on
30.04.2019.
10. That one subsidiary human assets issue also arises if only because the highly trained and respected national Indian Forest Service offic
ers sworn to uphold the India Forest Act. 1927. Forest (Conservation) Act, 1980, National Forest Policy, 1988 & Forest (Conservation) Rules 2003 have been made the cannon fodder of sundry mining & real estate mafias actively assisted by sympathetic development oriented elements amongst IAS & political
4
leadership which has systematically denied monetary and enforcement resource to the ForestDe4partments countrywide.
11. That the single most needed implementation of rule of law issue in this
.human rights issue would surely be enforcing the 'ecological "renaissance' declared by the then Union Minister of Environment and Forests, late Sh.
Ziaur Rahman Ansari on 05.07.1988.
12. That the Hon'ble Union Minister of Environment and Forests, brought in the.National Forest Policy, 1988 and stated aim in his letter dated 05.07.1988 was to increase the 'regenerating' forest cover of India from 36 million hectares to 109 million hectares (not ·monoculture plantation forests which
are nonregenerating), which works out to roughly one-third of India's total land area.
16. That most of India's forests are no longer seen as capable of regenerating and sustaining biodiversity, which is a silent disaster awaiting only the formal announcement.
17. That the Article mandate (as also asserted by a 3 judge Bench) of the
National Forest Policy, 1988 at Clause 4.1 needs must be enforced by all courts in lndia, including this (Primary) Human Rights Court
"4.1: Area under Forests The national goal should be to have a minimum of
one-third of the total/and area of the country under forest or tree cover. In the
hills and in mountainous regions, the aim should be to maintain two·third of
the area under such cover in order to prevent erosion and land degradation
and to ensure the stability of the fragile ecosystem. "
18. That in an unprecedented first, forced by striking children including Greta
Thunberg, the House of Commons has on 01.05.2019 resolved to declare an
"environment and climate emergency"
5

19. That there is a need to declare similar environment and climate
emergency” in India for which notice Dasti may kindly be granted in
favour of the Respondents.
PRAYER
From the facts and circumstances as aforestated, the Petitioner herein most respectfully submits that this Learned Court may graciously be pleased to
a. Issue an order or direction thereby directing the Respondent No. 1 to arrange judicious -publication of the draft rules in consonance with human rights law, for independent public prosecutors, as also their notification by the Central Government in accord with Article 246 List 1 Item 13/ List III Item 1 (exception clause excludes criminal law of India) as maybe judicious, in strict accord, jus cogens and erga omnes, with International Administrative Law in harmony with Domestic Legislation
b. Issue an order or direction thereby directing the Respondent No. 1 to arrange judicious publication of the draft rules in consonance with human rights law for human rights courts, as also their proper notification by the Central Government in accord with Article 246 List 1 Item 13/ List III Item 1 exception clause excludes criminal law of India, as maybe judicious, in strict accord jus cogens and erga omnes, with International Administrative Law in harmony with Domestic Legislation
c. Issue an order or direction thereby directing the Respondent No. 1 to arrange for the passage of emergency measures in harmony with Environment and Climate Emergency" declared on 01.05.2019 by the House of Commons of the United Kingdom, including increase of the regenerating forest area to 109 million hectare by 2050;
6

d. Issue an order or direction thereby directing the Respondent No. 1 and 2 to arrange for the passage of emergency measures to ensure environmental remediation measures for pre-7th July 2004 larger construction projects and industrial townships, on the similar lines as those post-7th July 2004 larger projects which fall within the mischief of Notification SO. 1533 dated
14.09.2006.
e. Issue an order or direction thereby directing the Respondent No. 1 to arrange for the passage of emergency measures in harmony with National Action Plan on Climate Change, (NACC 2008)/ National Urban Policy Framework, 2018 suitably amended to take care of the concerns raised in this application.
f. Permit, in view of the climate emergency, issue of notice Dasti to respondents
g. Pass such other order (s)/direction (s, as maybe necessary in the facts and circumstances of the case. Place Gurugram Date 27.05.2019
Applicant/Informant/Petitioner/Whistleblower-in-person
Sarvadaman Singh Oberoi
1102, Tower 1, Uniworld Garden, Sector 47, Gurugram 122018 Mob 9818768349, Email manioberoi@ gmail.com
7

IN THE COURT OF LEARNED SPECIAL JUDGE, HUMAN RIGHTS,
GURUGRAM
CM 788 OF 2019
IN THE MATTER OF
Sarvadaman Singh Oberoi,
….Applicant/Informant/Petitioner/Whistleblower-in-person
Versus
Union of lndia and others
…….Respondents
AFFIDAVIT
I, Sarvadaman Singh Oberoi, aged 70 years So Capt. HS. Oberoi, R/o 1102, Tower, Uniworld Garden I, Sector, Gurgaon do hereby solemnly affirm and declare asunder. That the contents of the above said human rights information petition, are true and correct to the best of my knowledge and belief.
2. That I am fully conversant with the facts and circumstances of the present case and am also competent to swear this affidavit. DEPONENT Verification Verified presently at Gurugram on this 27th day of May 2019 that the contents of above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therein at all.

Place: Gurugram Date 27.05.2019
Applicant/Informant/Petitioner/Whistleblower-in-person
Sarvadaman Singh Oberoi
1102, Tower 1, Uniworld Garden, Sector 47, Gurugram 122018 Mob 9818768349, Email manioberoi@ gmail.com
8

CNR No.HRGR01-007517-2019
CM 788-2019
Sarvadaman Singh Oberoi Vs. Union of India.
Present: Appellant Sarvadaman Singh Oberoi in person.
Civil Misc. presented before me being Special Court. It be checked and registered. Let, notice of the same be given to the respondent on filing of PF, copy of application etc.
Date of order : 27.05.2019.
(Sandeep K. Duggal)
AD&SJ/Special Court.
(Kusum Lata,St.Gr.II)
Gurugram (UID-HR-0492)

CNR No.HRGR01-007517-2019
CM 788-2019
Sarvadaman Singh Oberoi Vs. Union of India.
Present: Appellant Sarvadaman Singh Oberoi in person.
Notice issued to respondent no not received back served or unserved.
Now it be again issued for 9.8.2019. Notice issued to respondent no.2
received back served however, in the interest of justice it is ordered that he be again served for the date fixed.
Date of order : 30.05.2019.
(Sandeep K. Duggal)
AD&SJ/MACT,
(Kusum Lata,St.Gr.II)
Gurugram (UID-HR-0492)

CNR No.HRGR01-007517-2019
CM 788-2019
Sarvadaman Singh Oberoi Vs. Union of India.
Present: Appellant Sarvadaman Singh Oberoi in person.
Sh. Attin Shankar Rastogi, counsel for the respondent no.1.
Sh. Suresh Deswal, GP for respondent no.2.
Memo of appearance on behalf of respondent no alongwith authorization on behalf of respondent no has been filed by Sh. Attin
Shankar Rastogi, Advocate. Whereas on behalf of respondent no Ld.
GP has appeared and submitted that he may required to consult and to obtain necessary permission from concerned authorities to appear on behalf of respondent no, therefore, a short adjournment may kindly be given.
Ld. Counsel for the respondent no has submitted that the present petition is not maintainable. So issue on maintainable be decided firstly as it is barred by Section 29 of National Green Tribunal
Act. Whereas the applicant has submitted that the petition is maintainable under Section 30 of Human Rights Act. As such, now matter is adjourned to 10.10.2019 for deciding the issue on maintainability.
Date of order : 09.08.2019.
(Sandeep K. Duggal)
AD&SJ/MACT,
(Kusum Lata,St.Gr.II)
Gurugram (UID-HR-0492)

CNR No.HRGR01-007517-2019
CM 788-2019
Sarvadaman Singh Oberoi Vs. Union of India and another.
Present: Applicant Sarvadaman Singh Oberoi in person.
Sh. Attin Shankar Rastogi, Advocate for the respondent no.1.
Sh. Jagbir Singh, GP for respondent no.2.
Case received by transfer. It be checked and registered. Memo of appearance alongwith reply to the petition has been filed by the ld.
Counsel for the respondent no. Now case stands adjourned to for filing reply to the petition by the respondent no. Power of attorney on behalf of respondent no be also filed on the date fixed. Date of order : 10.10.2019.
(Aman Deep Dewan)
ADJ, Gurugram,
(Kusum Lata,St.Gr.II)
(UID-HR-0144)
State Vs
Present:-
None.
File taken up today as on 02.01.2020 has been declared local holiday. Therefore, case is adjourned to ______________ for the same purpose as already fixed. All concerned be informed accordingly.
(Raj Gupta)
ASJ/Gurugram. 21.12.2019
(UID no. HR0110)
CM 788 Sarvadaman Singh Vs. Union of India
Present: Applicant Sarvadaman Singh Oberoi in person Sh.Attin Shankar Rastogi, Counsel for respondent no Sh. Vinod Kumar Sardana, Advocate for respondent no It is submitted by the petitioner that the connected case is fixed for 18.03.2020, so this case be also adjourned for. Now to come upon for filing of reply to the petition Dr.D.N.Bhardwaj
Additional District Judge Gurugram. UID NO.HR-0100
(Puja)
18.02.2020.
Stenographer-II
CM 788 Sarvadaman Vs. UOI
Present: Applicant in person Sh. Pardeep Yadav, proxy counsel for respondent no Sh.Suresh Deswal, PP for respondent no Today the case is fixed for filing of reply. Reply not filed.
Adjournment is requested. Heard. Allowed. Keeping in view the instructions of the Hon’ble High Court as contained in letter no.506/SOL/GZ.II.17 dated 17.03.2020 conveyed by endorsement no dated 17.03.2020 of the learned District and Sessions Judge
Gurugram, the mater is adjourned to 21.04.2020 for the purpose already fixed.
Dr.D.N.Bhardwaj
Additional Sessions Judge Gurugram. UID NO.HR-0100
(Puja)
18.03.2020.
Stenographer-II
COVID-19 ORDERS

Document Outline

  • CM 788 OF 2019 CLIMATE CHANGE AKIN TO GENOCIDE WITH ALL ORDERS UPTO 18.03.2020.pdf (p.1-9)
  • ALL ORDERS CM 788 OF 2019 UPTO 18.03.2020.pdf (p.10-16)


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