Rajesh Ojha vs Union Of India And Ors

This application was registered after the original Writ Petition No. 239/2011 filed before the Hon'ble High Court of Madhya Pradesh at Jabalpur was transferred to this Tribunal vide order dated 22.01.2014.

After the case was registered before this Tribunal vide order dated 07.03.2014, notices were ordered to be issued to the respondents. The Respondents after being served with notices, have put in their appearance.

The principal contention of the Applicant in the Writ Petition as well as the relief claimed in the Writ Petition pertain to the violation of the provisions of the Forest (Conservation) Act, 1980 by the Respondents No. 3, 4 and 7 Western Coalfields Limited (WCL) destruction of the forest and utilizing the land being Khasra No. 551/2 contrary to the provisions of the Forest (Conservation) Act, 1980.

Vide order dated 29.04.2014, the Respondents No. 3, 4 and 7 were directed to file an affidavit stating therein as to in what manner the Respondent is complying / observing Conditions (i) to (viii) as mentioned in the Forest Clearance (FC) dated 12.11.1999. On 07.07.2014, the Respondents No. 3, 4 and 7 filed their affidavits indicating the manner in which the conditions had been complied. This was contested by the Applicant as also by the Counsel for the State who submitted that the officials of the Forest Department had found violation of the terms of the FC and Environmental Clearance (EC) and as many as 22 complaints of prosecution had been registered however after completing investigation, prosecution in 3 cases had been filed by the State. It was also submitted that the Forest Department, State of Madhya Pradesh had initiated action for sealing of the premises of Respondents No. 3, 4 and 7. It was submitted by the Counsel for the State that the action of the Forest Department had been challenged by the Respondent No. 3, 4 and 7 WCL before the Hon'ble High Court of Madhya Pradesh by means of a Writ Petition. The Hon'ble High Court of Madhya Pradesh had issued an interim order restraining the State from taking any coercive action against the WCL. It was also given out by the Respondents No. 3, 4 and 7 that with a view to make compliance of the conditions of the FC and carrying out compensatory afforestation, the Respondent WCL had deposited an amount of Rs. 1.38 Crores as early as in the year 1999. The Learned Counsel for the State also informed that contrary to the conditions of the FC, the Respondents WCL was found to have made encroachments by way of construction on the forest land which was not permissible under the FC as only underground mining i.e. below the surface of the forest had been permitted in terms of the FC and EC. Accordingly, the Respondents No. 3, 4 and 7 prayed for time to submit as to in what manner they had taken compensatory measures.

Accordingly, the Respondents No. 3, 4 and 7 submitted the compliance report which had been taken on record.

We have heard the Learned Counsel for the parties and examined the record.

The Respondent No. 3, 4 and 7, in compliance of our orders, had submitted the affidavit alongwith supporting documents indicating that the total area of Khasra No. 551/2 is 6.134 hectares and till date as directed by this Tribunal vide order dated 29.08.2014, in consultation with the officials of the Forest Department, State of Madhya Pradesh, more than 1700 trees have been planted. The supporting documents by way of the letter dated 01.09.2014 written to the Divisional Forest Officer by the General Manager, Western Coal Fields, Pathakheda area as well as the bill showing the purchase of the plants from the nursery of the Forest Department have also been enclosed in support thereof.

The Learned Counsel for the State and Respondents No. 3, 4 and 7 had brought to our notice that for the acts of commission and omission on the part of Respondents No. 3, 4 and 7, the Forest Department, State of Madhya Pradesh had initiated proceedings by way of prosecution against Respondents No. 3, 4 and 7 for violation of the Forest (Conservation) Act, 1980. Further, the Hon'ble High Court of MP at Jabalpur on being approached by the Respondents No. 3, 4 and 7 by way of filing Writ Petition No. 5017/2014 vide its order dated 25.04.2014, has passed interim order restraining the State not to take any coercive action against the Petitioner (Respondents No. 3, 4 and 7 herein before us) and further ordered that the State would restore the status of the unit of the Petitioner (Respondents No. 3, 4 and 7). It has also been brought to our notice that 11 structures which are built on the surface in Khasra No. 551/2 had been sealed by the Forest Department as it was of the view that under the Environmental Clearance (EC) granted to the Respondents No. 3, 4 and 7 only underground mining activity had been permitted. It has been submitted before us that the Respondents No. 3, 4 and 7 had in fact closed down the aforesaid structures and were not using them as is recorded in our order dated 29.08.2014 and these structures were earlier being used for the purpose of administration of activities of the coal mines and it had been undertaken by the Respondents No. 3, 4 and 7 that they are not utilising the same.

The aforesaid structures were located in Khasra No. 551/2 the extent of area of which is 6.134 hectares and in accordance with the definition of 'Forest' as applicable in the State of MP, there would be a requirement of a minimum of 200 trees per hectare and accordingly as per the directions of this Tribunal, the Respondents No. 3, 4 and 7 have ensured that there are in fact 200 trees per hectare and for this purpose they were directed to make good the deficiency and carry out afforestation on 551/2. As has been recorded hereinabove, the Respondent No. 3, 4 and 7 in their affidavit filed on 24.09.2014, indicated that they have already planted more than 1700 trees on Khasra No. 551/2 so as to make up the deficiency.

Accordingly we find that the Respondent No. 3, 4 &7 have undertaken not to do any act contrary to the EC and the permission granted to them i.e. no surface mining or any other non-forest activities etc. shall be carried out and only underground mining as has been permitted under the terms of EC, shall be carried out. Whatever utilisation of the land on the surface was being done by the Respondents has since been stopped and it has been stated before us on affidavit that the area has been restored by way of plantation of 1700 trees. We further direct that the Respondents No. 3, 4 & 7 shall also take steps in consultation with the Forest Department to ensure the protection and survival of the trees so planted by them so as to ensure restoration of vegetation on Khasra No. 551/2.

Since it has been stated by the Respondents No. 3, 4 & 7 as well as the Learned Counsel for the State that the matter is under active consideration before the Hon'ble High Court of M.P. at Jabalpur with regard to the challenge to the prosecution launched against the Respondents No. 3, 4 & 7 under the Forest (Conservation) Act, 1980, we refrain from proceeding further in the matter and the parties shall abide by the outcome of the decision of the Hon'ble High Court of M.P.

M.A. No. 559/2014

From the reply filed on behalf of the State today to the M.A. No. 559/2014 submitted by the Respondents No. 3, 4 & 7, it has been mentioned in para no. 3 that 11 illegal structures were sealed by the Respondent State and 8 structures "being important and useful for the legal underground mining activity and health and life of the workers of the Respondent Company" were allowed to be used and this position exists today.

It has also been brought to our notice, by the Learned Counsel for the parties that the Respondent No. 3,4 & 7 have applied to the State Government seeking permission for establishment of the structures on the surface on the land in Khasra No. 551/2 as mentioned in para 3 of the reply of the State. Shri Sachin K. Verma, Learned Counsel for the State, submitted that while he is aware that such application has been submitted by the Respondent No. 3, 4 & 7, he is not aware regarding the progress made on the said application or its outcome.

We would accordingly direct that the State Government to consider the aforesaid application and in case it is found to be necessary for carrying out the underground mining operations and also for protection of health and life of the workers and for their welfare, to have such structures on the surface, to make a favourable recommendation to the MoEF for permission to establish such structures without damaging the vegetation. The MoEF/Respondent No.1 is directed that in the event of such recommendation being forwarded by the State Government shall take a decision on the same expeditiously. The State Government is granted one month's time to take a decision on the matter and make its recommendations to the MoEF which in turn is granted further two months' time to take a decision on the said issue and communicate the same to the State as well as the Respondent No. 3, 4 & 7 i.e. the Project Proponent (WCL).

Since this Original Application has been filed for seeking a direction to ''stop all non forest activities on land bearing Khasra No. 551/2 measuring 6.134 hectares in Chhattarpur Village, Block Godha Dongri, District Betul as also the direction to the Respondent No. 2 for registering the cases against the Respondent No. 3 in the event of any offence having been committed under Forest (Conservation) Act, 1980, we are of the view that what has been discussed hereinabove and in view of the directions issued from time to time in our orders during the course of hearing of this application, no further directions are required to be issued in the matter.

With a view to expedite the compliance of the aforesaid directions it is directed that Respondents No. 3, 4 and 7 shall approach the Principal Secretary (Forests), Govt. of Madhya Pradesh for compliance along with a copy of this order and copy of the application which is reported to have been already submitted by the Respondent No. 3 to the State Government for taking necessary action on the same.

In view of the above, the Original Application No. 39 of 2014 stands disposed of. The Misc. Application No. 559/2014 filed by the Respondent No. 3, 4 & 7 also stands disposed of accordingly.