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Judgment
In this original application, registered suo moto, issue relates to the activities of cutting of hills and felling of trees which could result in a landslide in the area concerned in H.P.
Tribunal by order dated 18.08.2023 had formed a joint committee and had directed the committee to visit the site and file action taken report.
Report dated 20.09.2023 has been filed by the joint committed finding cutting of certain trees. The report also contains report of Patwari stating that such cutting/site development may result into disaster. Report also records that though the land is private in nature but the possible nuisance as a result of development in question in the opinion of Sub-divisional Magistrate, Palampur was public in nature.
Reply on behalf of Himachal Pradesh, Pollution Control Board (HP PCB) has been filed mentioning that during the joint inspection some excavation work and construction activities were observed on the site in question relating to land development activities, construction of road, boundary wall and retaining wall on the private land of the owner. Excavated materials/muck has been used in cut and fill method for plot development at site.
Private respondents have filed their replies and the stand of Counsel for private respondents is that no loss has been caused by these privates respondents.
In view of the above material on record, HP PCB is now required to give an opportunity of hearing to the private respondents and ascertain the extent of damage to the environment, if any, by them and also to take action for Imposition of environmental compensations/punitive action and steps for restoration, in accordance with law.
Hence, we dispose of the original application with a direction to the Member Secretary, HP PCB to do the needful in terms of the above observations and submit the action taken report before the Registrar General of the Tribunal within three months.
Original application is accordingly disposed of.
Pending IA is also stands disposed of.