News item titled "Pune: Forest Department Imposes Rs 8 Lakh Fine on Developer For Unauthorized Felling of 800 Trees in Mulshi" appearing in Pune Pulse dated 13.04.2024 Vs

This original application is registered suo-motu on the basis of the news item titled "Pune: Forest Department Imposes Rs 8 Lakh Fine on Developer For Unauthorized Felling of 800 Trees in Mulshi" appearing in Pune Pulse dated 13.04.2024.

The matter relates to the unchecked cutting of trees in Mulshi Taluka in Pune district, Maharashtra. As per the article, the Forest Department has levied a substantial fine of eight lakh rupees on a developer found guilty of chopping down 800 trees without proper authorization in the Nere area in Mulshi Taluka.

The above matter indicates violation of the Forest Conservation Act, 1980 and the Environment Protection Act, 1986.

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

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.

Hence, we implead the following as respondents:

(i). Principal Chief Conservator of Forests (H.O.O.F), Maharashtra, M.S. Nagpur, 3rd Floor, Van Bhavan, Ramgir Road, Civil Lines, Nagpur-440001

(ii).  Chief Wildlife Warden Maharashtra.

M.S. Nagpur, 3rd Floor, Van Bhawan, Ramgiri, Road, Civil Lines, Nagpur – 440001.

(iii). District Collector/District Magistrate, Pune,

District Collector Office, Opposite Sasson Hospital, Station Road, Pune- 411001

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.

The  news  item  reflects  that  Forest  Department  has  levied  fine against the person responsible for illegal cutting of trees, but it does not reflect any action by the authorities for compensatory plantation and levy of environment compensation for causing damage to the environment.

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

List before Western Zonal Bench at Pune on 19.07.2024.