A three-judge bench called the `Green Bench' will take up the pending petitions. Interestingly, despite the apex court's judgment of May 2005, in which it had ordered that any land notified under Section 3 cannot be acquired or sold unless a noobjection is obtained from the authorities concerned under the Forest Conservation Act, 1980, bodies like the Haryana State Industrial and Infrastructure Development Corporation is inviting tenders for the purchase of such land.

In an advertisement published January 15 this year, the HSIIDC invited bids for a "Recreation and Leisure project" on 350 acres of land in Wazirabad village on the Gurgaon-Faridabad road forming a part of sectors 42, 53 and 54 and falling in the agricultural zone of the Gurgaon district. The project will comprise of residential areas (38.47 acre), commercial space (19.24 acre), a sports complex (20 acre) and a golf course.

The notice also mentions that an area of over 300 acres falls under the Punjab Land Preservation Act, 1900 (PLPA).

As a sub-clause the ad reads that the areas are to be utilised as per permissible land use and under the terms and conditions it is mentioned that the onus is on the bidder to get the necessary clearances including permission under the Aravalli notification, PLPA 1900, FC-1980, EIA notifications and others before undertaking any developmental work.

The Conservator of Forests, Gurgaon, R P Balwan said: "The advertisement goes against the orders passed by the SC. We have already written to the authorities concerned but have not received any communication. Even if the land is cleared under the Forest Conservation Act, 1980, the party has to give the forest department an equivalent portion of land and also pay for plantation and various other charges. Neither has the department sought any NOC, nor has any land been given to us."