Pawan Kumar & Ors vs State of H.P. & Ors

Application is registered based on a letter petition received by Post.

Mr. Pawan Kumar and other residents of Gram Panchayat Thana, Dhamriana, Tehsil Sujanpur, District Hamirpur, Himachal Pradesh have sent the present letter petition, which is treated and registered as original application, complaining about illegal mining on government land and uprooting of Khair Trees at village Riyah Tehsil Sujanpur, District Hamirpur by Pradhan of Gram Panchayat Thana, Dhamriana.

This Tribunal took suo moto cognizance in view of law laid down by Hon’ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC 897 and settled principles of law governing Public Interest Litigation.

Vide order dated 30.08.2022, this Tribunal constituted a Joint Committee comprising of representative of State PCB, DFO and District Magistrate, Hamirpur and directed the same to submit its report within two months.

In compliance thereof Mr. Apoorv Devgan, IAS, Member Secretary, HPSPCB, Shimla has submitted the report of the Joint Committee vide letter dated 03.11.2022 by email dated 03.11.2022. The relevant part of the report is reproduced below:-

“ Joint Inspection Report in compliance to the orders dated 30.08.2022 passed by this Hon’ble National Green Tribunal in the matter of O.A No. 514/2022 titled as Pawan Kumar & Ors vs. State of H.P. & Ors.

X X X X

B. Meeting and spot visit of the Joint Committee on dated 11/10/2022

In compliance to the aforementioned orders dated 30.08.2022 a Joint Inspection of the site at Village Riyah, Tehsil Sujanpur, Distt. Hamirpur (HP) under the Chairmanship of Sub Divisional Officer (C), Sujanpur along with stakeholders/officials was carried out on 11/10/2022 wherein following were present: -

Sub Divisional Officer (C), Sujanpur.

Assistant Environmental Engineer, HPSPCB Una

Mining Inspector, Hamirpur

Range Forest Officer, Hamirpur

Field Kaanungo Sujanpur

Pradhan Gram Panchayat Thana Dhamriana

During the site visit, it was found that at the land comprising of Khasra Nos. 184 & 187 in Village Riyah, Tehsil Sujanpur, Distt. Hamirpur (HP) the work for the construction of Panchvati Park was under process and the said work is being executed by the Gram Panchayat of Thana Dhamriana. At the time of inspection, it was found that the concerned Gram Panchayat has only constructed approximately half of approach road and carried out plot development work of the Panchvati Park. During the inspection, it was found that averments made in the complaint letter by the complainants are not true and no uprooting of Khair Trees and illegal mining has been found on the spot.

The Forest Guard of Sujanpur Range apprised the Chairman that a similar complaint on this issue was received in Forest Department of HP. During the enquiry in the matter already carried out it was found that there was no uprooting of trees at the site under question and also the person ( s) named in the complaint as complainant denied about the knowledge of any such complaint and told that they have not submitted/signed any complaint. In this context, the Deputy Conservator of Forests, Hamirpur Forest Division, Distt. Hamirpur (HP) vide his office letter No./RK/ 7899 dated 15/10/2022 has submitted his report in the matter wherein it has been reported that no illicit felling has been found in the area. Copy of letter is enclosed as Annexure-1.

The Mining Officer Hamirpur, Distt. Hamirpur (HP) vide his office letter no. 907 dated 14/10/2022 has submitted the report in the matter that no illegal mining/lifting has been found at the site under question. Copy of letter is enclosed as Annexure-11.

The Pradhan of Gram Panchyat Thana Dhamriana who was also present at the site during the inspection of site by the Joint Committee apprised the Chairman that the proposal for the construction of the Panchvati Park on the Government Land was approved in the Gram Sabha for the year 2021-22 and during the development of site no damage has been done to the Plants. The Pradhan of Gram Panchayat Thana Dhamriana has submitted written submission in this regard vide letter no. Nil dated 11/10/2022. Copy of the letter is enclosed as Annexure-

He also apprised that some mischievous persons are continuing complaining against the Members of Panchayats /Gram Panchayat by impersonating a Villager. He also told that the complaint in the present matter was signed with the name of Sh. Pawan Kumar & others, however Sh. Pawan Kumar S/o Sh. Rumi Ram, Village Dhamriana, Distt. Hamirpur (HP) has refused that he has not submitted this application. The Pradhan of Gram Panchayat Thana Dhamriana has submitted the Proposal passed by the Gram Panchayat in Gram Sabha held on 09/10/2022 regarding request to the Govt. Departments not to consider the fake complaints which are being submitted with bad intentions by unknown persons/ without complete name and address. Copy of passed resolution No. 03 dated 09/10/2022 is enclosed as Annexure-IV.

The intimation letter of the Joint Inspection was also sent to the Sh. Pawan Kumar, R/o Gram Pancayat Dhamriana, Tehsil Sujanpur, Distt. Hamirpur (HP) and was requested to remain present at the site at the time of inspection of the site by the Joint Committee on 11/10/2022 along with other complainants. However, Sh. Pawan Kumar and any other complainant were not present during the site inspection by the Joint Committee. However, Sh. Pawan Kumar, S/o Sh. Rumi Ram, Village Dhamriana, Tehsil Sujanpur, Distt. Hamirpur (HP) has submitted letter no. niL dated 11/10/2022 addressed to the Pradhan of Gram Panchayat Thana Dhamriana wherein he has stated that the complaint of illegal mining and illicit felling of trees being submitted before the Hon'ble NGT is fake and baseless and requested to close the said complaint. Copy of letter is enclosed as Annexure-V.

Conclusion-cum-Recommendations of the Committee:

After the deliberate conversation and examining the matter on the observations made during the site inspection, the committee submits that the averments made in the application are not true and there is no uprooting of Khair Trees and illegal mining at the site under question. The said complaint/application was found to be fake on baseless facts using the name of the residents of the area. As there is no violation of HP Forest Policy and Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 has been found, hence no further action is required in the matter. The joint report is submitted for consideration of the Hon'ble NGT please. ”

None has appeared on behalf of the applicant to dispute the correctness of the observations made in the report.

We have gone through the material on record including the report of the Joint Committee.

The Joint Committee has, on inspection of the site and due verification of factual position, reported that the averments made in the application are not true and there is no uprooting of Khair Trees and illegal mining at the site in question. The application was found to be fake and to have been made on baseless allegations by falsely using the name of the residents of the area.

In view of the factual position duly verified by the Joint Committee, no further intervention by this Tribunal in exercise of its jurisdiction under the provisions of the National Green Tribunal Act, 2010 is required and the application is disposed of accordingly.