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Judgment
Grievance in this application is against illegal cutting of more than 1000 trees by Acharya Shankar Sanskritik Ekta Nyas Bhopal (the project proponent – PP) in the course of construction of ‘Statute of Oneness’ near Omkareshwar in Madhya Pradesh. Land has been dug by heavy machinery without any safeguard to protect top soil. Debris has been dumped in River Narmada to the detriment of aquatic life. Pollution is being caused to the river by discharge of untreated sewage.
Considering the above, the Tribunal constituted a joint Committee comprising State PCB, CPCB, Divisional Forest Officer, Khandwa and District Magistrate, Khandwa to visit the site and furnish a factual report.
In pursuance of above, report of the joint Committee has been filed on 09.02.2023 which refers to proceedings in O.A No. 31/2022(CZ), Shiva Mission Trust v. State of Madhya Pradesh & Ors. on same issue. In the said application, a joint Committee filed report dated 27.07.2022 on which the matter was disposed of.
The Committee has filed report acknowledging cutting of about 1300 trees with permission of SDO under State Act.
We find that cutting of trees is patently illegal in view of Section 2 of the Forest (Conservation) Act, 1980 which requires permission of Central Government, as held in judgement of the Hon’ble Supreme Court in (1997) 2 SCC 267, T.N. Godavarman Thirumulpad vs Union of India & Ors. Permission by SDO is not a substitute of permission of Central Government. Forest (Conservation) Act, 1980 overrides the State statute on the subject. This aspect is not shown to have been gone into in the earlier matter referred to above.
Accordingly, we hold that cutting of trees was illegal for which action including suitable compensation and afforestation. There is also need to take all necessary safeguards in construction of the project such as muck disposal so as to protect Narmada River flood plain, maintaining proper sanitary conditions including sewage and solid waste management which may be duly monitored by the State PCB. Only electric motor vehicles be allowed by the visitors/tourists. Compensatory afforestation should include plantation of indigenous trees species which should be geo-tagged and plantation overseen by District Magistrate and DFO, Khandwa District. We suggest that the museum devoted to life of Adi Shankaracharya may include an interpretation center in respect of environmental ethics, flora and fauna and biodiversity including medicinal plants. No further cutting of trees may be done without following due process of law i.e. the permission of the Central Government.
The application is disposed of.
A copy of this order be forwarded to Chief Secretary, Madhya Pradesh, th PP - Acharya Shankar Sanskritik Ekta Nyas Bhopal and Integrated Regional Office, MoEF&CC, Bhopal by email for compliance.