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Judgment
This MA has been registered on the basis of the report submitted by the Joint Committee in terms of the order of the Tribunal dated 28.04.2023 in OA No. 184/2023.
In the OA, registered on the basis of the letter petition, the complaint was that some miscreants were indiscriminately cutting trees in the name of pruning in Sector 104 of Mohali, Punjab. The Tribunal by order dated 28.04.2023 had formed a Joint Committee and had directed the Committee to visit the site, collect relevant information and take appropriate remedial action in accordance with law if any violation of environmental laws is found and submit action taken report before the Registrar General of the Tribunal.
In pursuance to the said direction, the report dated 12.02.2024 has been submitted by the C.M. Field Officer for District Magistrate, S.A.S. Nagar stating that the concerned area was visited along with the complainant and trees were found cut on the spot.
If any unauthorized felling of trees has taken place, then the Environmental Compensation (EC) is required to be levied on the person responsible for the same. There is nothing on record to show that any action for imposition and collection of EC for violation of the environmental norms has been taken against the violators, though the Tribunal by the order dated 28.04.2023 had directed to take appropriate remedial action in accordance with law if any violation of the environmental norms was found.
Hence, we dispose of this MA directing the Member Secretary, Punjab Pollution Control Board (PPCB) to examine the report of the Joint Committee, ascertain the nature and extent of violation of environmental norms, the persons responsible for violation and take appropriate action of levy of environmental compensation against the violators by duly following the principles of natural justice in accordance with law. Let the action taken report be submitted by the Member Secretary, PPCB within three months before the Registrar General of the Tribunal by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. If found necessary, the matter will be listed for consideration before the Bench.
The MA is accordingly disposed of.
Let a copy of this order, along with copy of the communication dated 12.02.2024 received from C.M. Field Officer for District Magistrate, S.A.S. Nagar, be forwarded to the Member Secretary, PPCB by e-mail for compliance.