AI Structured Summary
Not yet generated for this judgment
Judgment
Application under provisions of the National Green Tribunal Act, 2010.
The applicant has filed the present application under the provisions of the National Green Tribunal Act, 2010 complaining about illegal felling of trees from a small forest owned and possessed by the Himachal Pradesh Forest Department.
The applicant has submitted that land measuring about 281 Kanal Marla situated at Nangal Township is owned and possessed by the Himachal Pradesh Forest Department where number of trees were planted and with passage of time, the land became a small forest. In the Revenue record, the land is recorded as Makbooja Mehkama Timber Market. The Punjab Government Revenue Department willfully misplaced the revenue record of village Nikku Nangal. Some local persons prepared wrong revenue map and claimed the land and trees standing over the same as belonging to them. During July, 2018 30 trees, one Shisham and 29 Eucalyptus, were illegally cut by some persons in collusion with Punjab PWD and B & R Br Construction Division, Ropar. Himachal Pradesh Forest Department requested for registration of FIR against the persons involved but the Punjab Police did not register any FIR. Some local persons have illegally cut 25 trees standing on the above said land. The Himachal Pradesh Forest Department requested for registration of FIR but no FIR is registered so far. If cognizance of the matter is not taken, the entire valuable small forest will be destroyed which will also damage the river bank and increase the soil erosion and endanger the Nangal Dam stability.
Vide order dated 19.12.2022 notices were ordered to be issued to the respondents and this Tribunal constituted a Joint Committee with direction to verify the factual position and submit its report. The relevant part of the order reads as under:-
" 4. In view of the averments made in the application, we consider it appropriate to have response of respondents (1) Deputy Commissioner, Rupnagar, (2) Senior Superintendent of Police, Rupnagar, (3) Daljit Singh, (4) Bachitter Singh and (5) Akash Rana already impleaded in the application as respondents no. 1 to 5 as well as (6) State of Punjab through Chief Secretary, Government of Punjab; (7) the Principal Chief Conservator of Forests (HoFF), Government of Punjab and (8) District Magistrate, Rupnagar; (9) State of Himachal Pradesh through Chief Secretary, Government of Himachal Pradesh; (10) the Principal Chief Conservator of Forests (HoFF), Government of Himachal Pradesh and (11) District Magistrate, Una, who stand , impleaded as respondents No. 6 to 11. The Registry is directed to amend memo of parties to the application and issue notices to respondents No. 1 to 11.
In view of the averments made in the application, we also consider it appropriate that a Joint Committee be constituted to verify the factual position. Accordingly, we constitute a Joint Committee comprising of the Principal Chief Conservators of Forests, Governments of Puniab and Himachal Pradesh and Punjab State Pollution Control Boards and the Deputy Commissioners, Rupnagar and Una and direct the same, to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and submit its Report within two months by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. The State PCB will be the nodal agency for coordination and compliance."
In compliance thereof report of the Joint Committee has been submitted vide email dated 16.03.2023. The relevant part of the report is reproduced below:-
“Meeting of the Joint Committee:
In Compliance of order dated 19.12.2022 of the Hon'ble National Green Tribunal, the meeting of the Joint Committee was held on 30.12.2022 in the Shakti Sadan Guest House of Bhakhra Beas Management Board (Power -Wing) at Nangal, in the presence of the complainant Sh. Sanjeev Kumar, the officers of Punjab and Himachal Pradesh as per the mandate of the order dated 19.12.2023. During the meeting, while deliberating the issue of illegal cutting of trees, the Department of Forest, Himachal Government has claimed the ownership right of the land where the illegal tree cutting has taken place and further, informed that BBMB has sold the land to them in 1950. The committee has also visited the site to verify the contents of complaint regarding tree cutting. In view of above facts, after looking into the situation and the concern of the complainant, the committee has decided as under:
i. The Forest Department Himachal Pradesh was directed to pursue the case with Police Department Puniab as per Forest Laws and other Rules immediately.
ii. The sub-committee may be constituted to resolve the dispute of the land consisting of DFO, Punjab & Himachal Pradesh, BBMB, Police Department, District Revenue Officer Punjab and Himachal Pradesh.
iii. The sub-committee will submit its report to the joint committee within one month.
The minutes of the meeting of the Joint Committee held on 30.12.2022 are enclosed herewith as Annexure-A.
Constitution of Sub Committee by Deputy Commissioner, Rupnagar (Punjab):
In compliance to the decisions taken in the meeting of the Joint committee held on 30.12.2022, the Deputy Commissioner, Rupnagar vide office order no.148 dated 12.1.2023 has constituted a Sub Committee comprising of District Revenue Officer, Rupnagar; Tehsildar Nangal, Executive Engineer; BBMB, District Forest Officer, Rupnagar; Station House Officer, Police Station, Nangal for necessary coordination with the officers of Una, Himachal Pradesh in scrutinizing the land records and to submit report to the Nodal Officer i.e. Environmental Engineer, Punjab Pollution Control Board of Joint Committee so that the final factual report is submitted to the Hon'ble NGT. A copy of office order no.148 dated 12.1.2023 passed by Deputy Commissioner, Rupnagar is enclosed as Annexure-B.
Constitution of Sub Committee by Deputy Commissioner, Una (Himachal Pradesh):
In pursuance of the meeting of the Joint Committee held on 30.12.2022 and the constitution of Sub Committee by Deputy Commissioner, Rupnagar (Punjab) vide office order no. 148 dated 12.1.2023, the Deputy Commissioner, Una (Himachal Pradesh) has also constituted a Sub Committee comprising of District Revenue Officer, Una; Divisional Forest Officer, Una; Tehsildar, Una vide office order circulated vide endorsement no. 74-82/DRO/LR dated 13.1.2023 for necessary coordination with the officers nominated by Deputy Commissioner, Rupnagar for scrutinizing of land records involved in the matter and ensuring the demarcation of land in possession of H.P Forest Department in Nangal. A copy of the order issued by the office of Deputy Commissioner, Una vide endorsement no. 74-82/DRO/LR dated 13.1.2023 is enclosed as Annexure-C.
Submission of reports by the Sub Committees:
The Sub Committee formed by Deputy Commissioner, Rupnagar, Punjab vide office order no. 148 dated 12.1.2023 has submitted its report to the office of Environmental Engineer, Punjab Pollution Control Board, Rupnagar vide letter no. 520 dated 8.2.2023 (Annexure-D).
Deputy Commissioner, Una has also forwarded the report of the Sub Committee vide letter no. 351-52/DRO/LR dated 27.2.2023 to the office of Environmental Engineer, Punjab Pollution Control Board, Regional Office, Rupnagar (Annexure-E).
As per verification of available record, the land involved in the case was found to be recorded in the name of provisional Government under the possession of timber market as Makbooja Mahkama Timber Market.
Recommendations of Deputy Commissioner, Una, Himachal Pradesh:
The Deputy Commissioner, Una, Himachal Pradesh has also endorsed the report of the Sub Committee to the office of Deputy Commissioner, Rupnagar with the following observations and recommendations:
"I am in agreement with the report of the Sub Committee. Having personally visited the site, I am also of the opinion that there is a compact wooded block of green trees existing on this land which is in the nature of a forest under the possession and protection of Himachal Pradesh Forest Department. Therefore, I am making the following recommendations:
The land which is having the status as "Makbooja Mehkama Timber Market" should be demarcated and finalized with proper boundary pillars & need to be fenced for its protection.
Strict action should be taken against the defaulters by the District Administration Runagar & Police Department Rupnagar / Nangal.
Immediate help should be extended by the District Administration & Police Department Rupnagar to the Himachal Pradesh Forest Officials in order to stop & curb the further violation and encroachment activities.
FIRs should be registered against private persons who are found to have done illegal felling of tress on this land.
The District Administration & Departments of Rupnagar should also not undertake any projects on this patch of land without following the due process under Forest Conservation Act, 1980 and seeking permission of Himachal Pradesh Forest Department."
Action Taken by Deputy Commissioner, Rupnagar, Punjab:
Acting on the observations and recommendations of Deputy Commissioner, Una as conveyed vide letter no. 351-52/DRO/LR dated 27.2.2023, the Deputy Commissioner, Rupnagar, Punjab has issued directions to the concerned officers as under:
i. The Executive Engineer, Construction Division PWD (B&R), Rupnagar has been directed vide letter no. 876 dated 3.3.2023 not to undertake any projects on the patch of land without following due process under Forest Conservation Act, 1980 and seeking permission of Himachal Pradesh Forest Department (Annexure-F).
ii. The Senior Superintendent Police, Rupnagar has been directed vide letter no. 877 dated 3.3.2023 to investigate the matter relating the alleged felling of trees and take action under the relevant law against the violators immediately (Annexure-G).
Demarcation of Land in question:
After the receipt of the observations and recommendations of the Deputy Commissioner, Una, Himachal Pradesh vide letter no.351-52/DRO/L dated 27.2.2023 and on the directions of
Deputy Commissioner, Rupnagar, the Environmental Engineer, Puniab Pollution Control Board, Regional Office, Rupngar has written letter no. 891 dated 9.3.2023 to District Revenue Officer, Rupnagar to carry out the fencing of the demarcated area immediately (Annexure-H).
In reference to the above letter dated 9.3.2023 of Environmental Engineer, Punjab Pollution Control Board, Regional Office, Rupnagar, the District Revenue Officer, Rupnagar vide letter no. 923-24/NSK-2 dated 10.3.2023 has requested the Divisional Forest Officer, Una and Executive Engineer, BBMB, Nangal to carry out fencing of the land in question with immediate effect (Annexure-I).
Action taken by the concerned authorities:
In reference to the letters dated 3.3.2023 written by Deputy Commissioner, Rupnagar, the concerned authorities had ensured the compliance of the directions vide written communications as under:
i) In reference to office memo no. 877 dated 3.3.2023 of Deputy Commissioner, Rupnagar, the Senior Superintendent Police, Rupnagar vide letter no. 14406/AC-III dated 11.3.2023 has intimated the office of Deputy Commissioner, Rupnagar that Deputy Superintendent of Police, Sub Division, Nangal has been directed to look into the matter and to take action as per Law with further direction to comply with the directions issued by the Hon'ble National Green Tribunal meticulously (Annexure-J). The Police has registered an FIR no 0011 dated 30.01.2023 u/s 2 of Forest (Conservation) Act, 1980, u/s 15 of Environment (Protection) Act, 1986, u/s 16 of Environment (Protection) Act, 1986, u/s 57(1) of Biological Diversity Act, 2002,, u/s 189 of IPC 1860, u/s 379 of IPC 1860, u/s 425 of IPC 1860, u/s 441 of IPC 1860, u/s 3 of Prevention to Damage to Public Property Act, 1984, u/s 32 of Indian Forest Act, 1927 and u/s 33 of Indian Forest Act, 1927 at Police Station Nangal District Rupnagar against Daljit Singh s/o Baktawar Singh of Nangal Niku lower, Upper, Nangal, Rupnagar, Punjab, India and Akash Rana S/o Balwant Singh of Nangran Kalmot, Nangal, Rupnagar, Punjab, India along with 10-15 unknown persons of unknown, Nangal, Rupnagar, Punjab, India. (Annexure-K).
(ii) In reference to office memo no. 876 dated 3.3.2023 of Deputy Commissioner, Rupnagar, the Executive Engineer, Construction Division PWD (B&R); Rupnagar has reported vide letter no. 3056 dated 13.3.2023 to the office of Deputy Commissioner, Rupnagar that PWD Department will not carry out any construction activity on the mentioned patch of land without following due process under Forest Conservation Act, 1980 and seeking permission from concerned forest department. (Annexure-L).
The report of the Joint Committee is hereby submitted in compliance to order dated 19.12.2022 passed by the Hon'ble National Green Tribunal in O.A No. 882 of 2022 titled as Sanjeev Kumar V/s Deputy Commissioner, Rupnagar and others. ”
As per office report notices have been duly served on the respondents. No reply/response has been filed by any of the respondents.
We have gone through the report of the Joint Committee. No objections have been filed to the observations/recommendations in the report of the Joint Committee which deserves to be and is accordingly accepted. As mentioned in the report of the Joint Committee remedial measures have been taken/recommended by the concerned Authorities in the States of Punjab and Himachal Pradesh for protection of the Forest and against illegal felling of trees in the same.
In view of the factual position duly verified by the Joint Committee and observations/recommendations made in the report of the Joint Committee, the application is disposed of with the following directions:-
(i) entries in the revenue record regarding the land in question be appropriately updated and the land in question be demarcated with proper boundary pillars and be fenced for its protection within three months;
(ii) investigation be completed and police report be filed in the FIR already registered within three months;
(iii) FIR be also registered against other persons who are found to have done illegal felling of tress standing over the land in question in other incidents and investigation be completed and police report be filed in the FIR registered within three months;
(iv) environmental compensation be imposed on the persons who are found to have illegally cut the trees and compensatory afforestation be done within three months;
(v) strict action be taken by the District Administration Rupnagar and Police Department Rupnagar / Nangal in future against the defaulters by registration of FIR immediately on receipt of complaint;
(v) immediate help be extended by the District Administration and Police Department Rupnagar to the Himachal Pradesh Forest Officials in order to stop and curb any further violations and encroachment activities as and when so asked for; and
(vi) no project be undertaken on the land in question without prior approval of the Central Government under the Forest Conservation Act, 1980.
Action Taken Report regarding action taken in compliance of this order be filed by the District Magistrates Rup Nagar Punjab and Una Himachal Pradesh on or before 30.09.2023 by email at by email at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR supported PDF and not in the form of Image PDF before learned Registrar General of this Tribunal who may direct the matter to be listed before this Tribunal for directions in the matter if so considered to be necessary.
In case of any grievance in future in respect of the land in question, the applicant shall also be at liberty to move this Tribunal for further directions in the matter.
A copy of this order be supplied to the applicant and the respondents by email for information/compliance.