Motilal vs State of Madhya Pradesh

This original application is registered on the basis of the letter petition sent by one Motilal resident of village Tanda, Tehsil Kukshi, District Dhar with the plea that at survey no. 102 area 0.406 ha. in village Gatla Tanda, Tehsil Kukshi, District Dhar, about 150 fruit bearing several year old trees are standing but that land has been allotted for cutting the plots by the panchayat and this will result in felling of the trees, creating environmental hazard.

The  OA  raises  substantial  issue  relating  to  compliance  of  the provisions of schedule enactment.

Having regard to the fact that as per the allegation till now no tree has been cut and also considering the nature of allegation, we are of the opinion that at the first instance the issue needs to be examined by Member Secretary, Madhya Pradesh Pollution Control Board (MPPCB). Hence, we dispose of the OA with the direction to Member Secretary, MPPCB to duly look into the grievance of the applicant and ascertain the truthfulness of the allegation and take appropriate remedial measures.

The Member Secretary, MPPCB will do the needful within the period of two months and will submit the action taken report before the Central Zone Bench of the Tribunal, if found necessary, the matter will be listed for consideration before the Central Zonal Bench after submission of the report. OA is accordingly disposed of.

Office is directed to transfer the original record of the OA to Central Zonal Bench for appropriate further action.

A Copy of this order, along with a copy of the petition, be forwarded to the Member Secretary, MPPCB by e-mail for compliance.