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Judgment
Grievance in this application is against cutting of trees at Jain Mango Orchard in the City of Bijnor, Uttar Pradesh in violation of order of the Hon’ble Supreme Court dated 12.12.1996 in T.N. Godavarman vs. Union of India & Ors. 1997 (2) SCC 267
Case of the applicant is that about 4,000 trees are being cut by Respondent Nos. 6 to 11 who are owners of the orchard, which is not permissible under the law. The trees are being cut to sell the plots which are in the green belt, as per master plan.
Considering above allegations of the applicant, original application was disposed of by order dated 16.12.2021 directing Divisional Forest Officer, Bijnor to look into the matter and take such action as may be found necessary, following due process of law.
Thereafter, present execution application was filed alleging that no action has been taken by concerned officer to protect illegal cutting of lush green mango trees spread in an area of about approximately 1100 Bighas, whereon Respondent Nos. 6 to 12 are planning to colonize same at city and District Bijnor.
Taking note of allegations made in the execution application, Tribunal passed order on 27.09.2022 referring to the allegation made by applicant and directing DFO, Bijnor to give his response within one month. Relevant extract of Tribunal’s order dated 27.09.2022 passed in execution application reads as under:
“2. The Applicant has filed a copy of order passed by the DFO, Bijnor on 30.03.2022 as follows:-
“2. Case of the applicant is that about 4000 trees are being cut by respondent No. 6 to II who are owners of the orchards, which is not permissible under the law. The trees are being cut to sell the plots in the green belt as per master plan.
In the sequence as the above, it is to be informed that under the Uttar Pradesh Tree Protection Act, 1976, the report of fruitful potential of Faldaar mango trees is received by the divisional office under the provisions of the said Act. At present this office is not in receipt of the application regarding falling of trees by the owner of Jain Mango orchard. As far as the question of making a residential colony by destroying fruit trees is concerned, information in this regard can be obtained from the Revenue Department. Regarding the master plan, information has been sought from Planning Officer Moradabad by office letter no. 1998/14-1 dated 12.01.2022 regarding green belt as per master plan copy which has not been received yet.”
It is submitted that in absence of any permission, cutting of trees will be violation of the judgement of the Hon’ble Supreme Court in T.N Godavarman v. Union of India & Ors 1997 (2) SCC 267 and also notification dated 07.01.2020 issued by the U.P Government under the UP Protection of Trees Act, 1976, prohibiting of cutting of mango trees without permission.
In view of above, let the DFO, Bijnor give response in the matter within one month by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.”
Pursuant to above order, Divisional Director, Social Forestry Division, Bijnor, UP has submitted its response vide letter dated 30.11.2022 stating that a survey of Orchard maintained by private respondents which is called as “Jain Mango Orchard” was conducted. It was found that about 2900 mango trees and more than 1000 trees of popular and other species were standing on the spot. In 2018-19, permission for felling 18 mango trees was granted as per the provisions of U.P. Tree Protection Act, 1976 and thereafter no such permission was sought or issued or granted by concerned authority. It is also said that there is no illegal felling of trees and authorities are taking precaution and would not permit any illegal felling of trees. Some anonymous complaints were filed and received by authorities which on verification were not found correct.
This report has been given by DFO on 30.11.2022 and no objection has been filed to this report till date.
In view thereof and considering the stand taken by concerned DFO, we do not find anything to be done further by this Tribunal.
Accordingly, this application is disposed of.