Shatruhan Lal vs Union Of India And Ors

This application was originally filed as Writ Petition No. 19480/2013 in the High Court of Madhya Pradesh Principal Seat at Jabalpur and as per the judgment of Hon'ble Supreme Court in Bhopal Gas Peedith Mahila Udyog Sangathan and Others Vs. Union of India & Others (2012) 8 SCC 326 the case was transferred to the Central Zone Bench, National Green Tribunal, Bhopal vide order dated 19th March, 2014 of the Hon'ble High Court of Madhya Pradesh. Having received the case on transfer from the Hon'ble High Court, notices were issued to the Respondents on 16th May, 2014 for appearance on 28.07.2014 and subsequently the case was heard on 28th July 2014, 22nd August, 2014 and finally today.

The Petitioner in his application claimed that he has filed the petition in the nature of Public Interest Litigation alleging that the Respondent No 6/National Thermal Power Corporation Ltd. (in short, 'NTPC'), while installing the 5th stage of its power plant at village Jaitpur located towards northern side of Vindhyanagar, District Singrauli, has uprooted/removed 4139 number of green trees and in spite of the directions issued by the authorities to plant 16556 number of trees to compensate the loss of the aforesaid number of trees the Company failed to do so leading to increase in pollution levels and consequent damage to the health of the people living in that area. It was also submitted in the petition that permission for cutting the aforesaid 4139 number of trees was granted by the Municipal Corporation, Singrauli with the condition that the No Objection Certificate (in short, 'NOC') would be treated as cancelled if replanting of trees is not done. A copy of the permission granted by the Tree Officer, Municipal Corporation, Singrauli dated 12th June, 2012 has been filed at Annexure P-1, with the petition.

The Petitioner further stated that while furnishing information to him under the RTI Act, the NTPC on 18th March, 2013 has mentioned nothing about compensatory afforestation which implies that the Company failed to comply with the condition of planting new trees in lieu of 4139 trees permitted to be felled.

Accordingly, the petitioner prayed to direct the Respondent/NTPC to shift 5 th Stage of its Power Plant from the Jaitpur village to elsewhere to prevent damage to the health of the local inhabitants and also direct to plant 16556 new trees in place of the trees permitted to be felled.

The Respondents No. 6 & 7/NTPC in their reply dated 19th August, 2014 stated that the Company has initially established the Super Thermal Power Plant, Vindhyanagar, District Singrauli in the year 1982 with the capacity of 1260 MW and later the plant was expanded to 4260 MW and the 5th Stage expansion of another unit of 500 MW is going on after obtaining all the clearances. It was further stated that right from the beginning of the establishment of the project till now, massive tree plantation programme has been taken up by the Company and about 19,71,500 number of trees of different varieties have been planted and maintained to reduce the pollution in the surroundings. It was further stated that the 5th Stage unit is being constructed on NTPC's own land within the existing Company premises and Township boundary at Vindhyanagar and no additional land has been acquired at all for the purpose at Jaitpur village. As regards planting of new trees in place of 4139 trees it is stated that the Company has already planted about 37500 trees far exceeding the number of trees required to be planted as per the conditions imposed by the Tree Officer, Municipal Corporation, Singrauli while granting permission to cut the existing trees. The planting was done by awarding the contract to the Madhya Pradesh Rajya Van Vikas Nigam Ltd. (in short, 'MPRVVN') and in fact the company has placed new order for planting 10,000 more number of trees by the MPRVVN making the total number of trees to 47,500 in place of 4139 number of green trees felled for expanding the project by installing 5th stage of the unit.

In their further reply dated 9th September, 2014 the NTPC filed satellite imagery of the Thermal Power Plant premises and its surroundings depicting existence of the greenery in the area and in fact during the joint inspection of the Company officers with the officials of MPRVVN of the plantation carried out during the year 2012, it was found that the MPRVVN has maintained 100% rate of survival. A copy of the tree census was filed at Annexure R-6/A of the reply and as per the agreement executed with the MPRVVN on 1st October, 2012 the MPRVVN is required to maintain the trees for a period of 5 years and ensure 80% survival at the end of the 5th year but in fact the MPRVVN is succeeding the 100% rate of survival till date. Details of the proposed year wise expenditure amounting to a total of Rs. 53,40,000 for raising and maintenance of the plantation by the MPRVVN has been furnished along with reply. Photographs showing the plantation have also been filed by the Respondent Company.

Having gone through the replies furnished by the Respondent/NTPC dated 19 th August, 2014 and 9th September, 2014 it is clear that MoEF granted Environmental Clearance (in short, 'EC') dated 2nd May, 2012 for expanding the plant by installing 5th Stage within the existing plant premises which requires cutting of 4139 number of trees and accordingly after examining the request, the Tree Officer, Municipal Corporation, Singrauli accorded permission dated 12th June, 2012 to cut these 4139 trees in lieu of planting 16556 new trees. Thereafter, the Company entered into an agreement with MPRVVN during the year 2012 itself and planting has been taken up and 37500 trees were planted and it was further proposed to extend the plantation by planting 10000 more number of trees by the MPRVVN making a total of about 47500.

The photographs filed with the reply by the Company indicate that the planting has been done in the vacant spaces within the factory premises including the office complexes, residential quarters etc. Though, survival appears to be good the maintenance is not satisfactory. There is a heavy weed growth and the young plants are struggling because of high weed competition. Therefore, it is directed that the Company should direct MPRVVN which has been entrusted with the task of planting and maintenance of the trees, to carry out the following improvement/maintenance works to make the plantation successful:

A detailed plantation journal shall be opened, if not yet opened for all the plantation bits taken up from 2012 and the journal should be posted with up-to-date particulars.

Circular weeding of at least 1 mt. radius around the base of each plant shall be taken up to prevent competition from the weeds and grasses.

Those young plants which are growing bushy particularly Karanj (Pangamia pinnata) should be pruned and side branches coming from the base should be removed carefully with a sharp instrument to make the plant grow straight with prominent /distinct stem.

Wherever possible the space between the planting rows may be taken up with inter cultivation by Tractor cultivator plough to prevent further growth of weed and grass and also to conserve soil moisture.

Strict protection from cattle and wild animals by creating/strengthening the fence, shall be taken up.

Regular watering particularly during summer season, should be taken up.

Row wise planting points in each Bit/Location/Sector where the 37500 number of plants were planted from 2012 oneards along with species wise details should be recorded in the Journal.

With the above directions we dispose of this Original Application No. 137/2014. No order as to cost.

However, the Respondent/NTPC is directed to submit compliance report on all the above particulars with latest photographs and also a copy of the plantation journal should be produced before this Tribunal for perusal.