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Judgment
This Miscellaneous Application has been filed by the Border Road Organization (BRO) seeking extension of time till 30.09.2024 to comply with the direction of this Tribunal contained in the order dated 25.08.2023 in OA No. 520/2022. In the said OA, a complaint was raised that the BRO had violated the environmental norms while constructing the road from Simli to Gwaldam in a strategically sensitive and ecologically fragile area.
The Tribunal after considering the entire circumstances of the case by order dated 25.08.2023 had disposed of the OA No. 520/2022 by issuing the following directions:
“6. Hence, we dispose off the present OA by issuing following directions:-
i) The respondent, BRO will take appropriate steps for the plantation of at least ten thousand trees (10,000) in coordination with the concerned DFO within one month from today.
ii) The DFO will monitor the survival of the plantation for three months thereafter and will furnish a report before the Registrar General of the Tribunal in respect of the tree plantation and their survival rate.
iii) The DFO will also ensure that at least a part of the plantation is done in such a manner which will prevent the landslide.
iv) The concerned District Magistrate will ensure that the BRO takes appropriate steps for preventing the landslides by constructing the protective structures and will submit the report in respect of number of incidents of landslides during the intervening period and the action taken to prevent it.”
The present MA has been filed seeking extension of time to complete the plantation of 10,000 trees as directed by the Tribunal. Submission of Counsel for the Applicant is that earlier also an application for extension of time was filed in which relevant particulars were not disclosed, therefore, it was dismissed by order dated 18.10.2023 with liberty to file a fresh application with full particulars. Hence, the present MA has been filed.
He has further submitted that after the Tribunal order dated 25.08.2023 and after taking the legal opinion on 02.09.2023, a request was made to the DFO, Forest Department, State of Uttarakhand to give details of the activities carried out by the Forest Department with the money given by the Applicant. Thereafter, the request was made to give the estimate for plantation of 10,000 trees vide letter dated 05.09.2023 and the Forest Department had given the estimate on 06.09.2023. He has submitted that the Forest Department has given the estimate of around Rs. 13,80,000/- to complete the plantation of 10,000 trees. He submits that thereafter, the legal opinion was sought and the Forest Department vide letter dated 18.09.2023 had opined that it would be better to plant the trees in the month of July and August being the monsoon season when the survival rate will be high, therefore, extension of time for plantation has been prayed.
In view of the above submission and the disclosure made in the MA, we are of the view that a case for extension of time to complete the plantation is made out. However, in the meanwhile, the preparatory steps must be taken such as, identification of land for plantation, ascertaining the type of trees which are to be planted.
Counsel for the State of Uttarakhand is directed to file the report of the competent authority of the State before the Registrar General of the Tribunal disclosing the land identified for carrying out the plantation and the type of trees which are to be planted with the clear averment that the plantation site will not be far away from the affected area.
Hence, we dispose of the present MA extending the time till 30.09.2024 to comply with the direction of the Tribunal contained in the order dated 25.08.2023 and also complete the plantation of 10,000 trees in terms of the said order. Consequently, the report by the DFO in terms of direction Para 6(ii) will be submitted within three months from 30.09.2024.
MA is accordingly disposed of.