Tribunals and CommissionsFull Bench(2024) 05 NGT CK 0056

News item "Sugandhagiri tree felling case Forest dept stays suspension of South Wayanad DFO" appearing in Onmanorama dated 18.04.2024 Vs

National Green Tribunal · Decided on 21 May 2024

HON’BLE JUDGES
Prakash Shrivastava, Chairperson · Arun Kumar Tyagi, Jm · Dr. A. Senthil Vel, Em
RESULT
Disposed Of
CASE NUMBER
Original Application No. 573 Of 2024

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Judgment

11 paragraphs · 306 words
1.

This original application is registered suo-motu on the basis of the news item titled "Sugandhagiri tree felling case Forest dept stays suspension of South Wayanad DFO" appearing in Onmanorama dated 18.04.2024

2.

The matter relates to the Sugandhgiri tree felling case. As per the article, there was a massive tree felling at Sugandhagiri Cardamom project land in Wayanad (Kerala), misusing the permits received to fell 20 trees, which posed a danger to houses and vehicles. Only 36 illegal tree-felling incidents were mentioned in the preliminary report. An inquiry by the DFO revealed that 107 trees were felled and the remaining parts of the tree stumps were dug out. The report found as many as 18 personnel guilty in the tree-felling case.

3.

The above matter indicates violation of the Forest Conservation Act, 1980.

4.

The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.

5.

Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.

6.

Hence, we implead the following as respondents:

(i).  Principal Chief Conservator of Forest, Kerala & Chief Wildlife Warden, Forest Headquarters, Vazhuthacuad, Thriuvananthapuram - 695014

(ii). District Magistrate, Wayanad Collectorate Wayanad, North kalpetta P.O. Wayanad.

7.

Issue notice to the respondents for filing there response before the appropriate bench of the Tribunal at least one week before the next date of hearing.

8.

Since the matter relates to the Southern Zonal Bench, Chennai, therefore, OA is transferred to the Southern Zonal Bench. Therefore, the original record of this OA be transferred to the Southern Zonal Bench, Chennai for further action.

9.

List before Southern Zonal Bench at Chennai on 19.07.2024.