Lal Chand Sharma vs State of U.P.

This original application was registered on the basis of a letter received with the complaint that transformer repair plant is being set up at Tehsil Badlapur, Distt. Jaunpur and in that process employees of the electricity department have cut number of trees illegally which include the old trees of mango, mahua and shisham planted by the villagers and that such cutting of trees has adverse impact on environment.

The Tribunal by order dated 03.03.2023 had constituted the Joint Inspection  Committee  to  look  into  the  grievance  by  issuing  following directions:-

“3. In our view the grievance at the first instance can be looked into by the Local Authorities, for the purpose whereof, we constitute a joint Committee comprising PCCF (HoFF), State PCB and District Magistrate, Jaunpur who shall look into the complaint, visit the site, collect relevant information and if finds violation, take appropriate remedial action in accordance with law within two months.

4.The District Magistrate, Jaunpur shall be nodal agency for coordination and compliance.”

The Joint Inspection Committee has filed the report along with the covering letter dated 13.05.2023 stating that during the inspection 21 trees were standing on the site and electricity department has been restrained from cutting them but 31 trees were already cut for the purpose of setting up of the transformer repair plant, therefore, electricity department has been asked to give an undertaking to plant 510 fast growing trees i.e. more than 10 time of trees fallen as compensatory plantation.

We are of the view that necessary action in accordance with law is now required to be taken by the competent officer of the Forest Department to plant fruit bearing, broad leaf, native species of trees.

Hence, we dispose of this M.A. with a direction to the Conservator of Forest, Forest Department, Varanasi Range to ensure appropriate action for compensatory plantation and recovery of compensation on the basis of the report of the Joint Inspection Committee after giving an opportunity of hearing to the concerned electricity department.

Let  the  needful  the  done  by  the  Conservator  of  Forest,  Forest Department, Varanasi Range within three months and action taken report be submitted before the Tribunal thereafter by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.

M.A. is accordingly disposed of.