Disposed

Samit Kavdia v. State of Rajasthan

NGT5 Sept 2023Original Application No. 47/2023

Case brief

AI extract

What is this about?

The Tribunal disposed of an application seeking a halt to road widening and tree cutting in an Eco-sensitive Zone. It held that the Land Acquisition notification of 2011 was time-barred and directed an immediate stop to tree felling pending reconsideration by the government.

What did the court decide?

No tree will be subject of cutting without permission from Forest Department/Competent Authority; government shall reconsider the matter keeping in mind environmental impact.

Samit Kavdia vs State of Rajasthan — Environment and Pollution | NGT (2023)

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Item No.3

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BEFORE THE NATIONAL GREEN TRIBUNAL

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CENTRAL ZONE BENCH, BHOPAL

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(Through Video Conferencing)

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Original Application No.47/2023(CZ) I.A.No.36/2023

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Samit Kavdia & Anr Applicant(s)

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Versus State of Rajasthan & Ors. Respondent(s)

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Date of Hearing: 05.09.2023

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. A SENTHIL VEL EXPERT MEMBER

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For Applicant(s): Ms. Sarita Verma, Adv. For Respondent(s) : Mr. Om Shankar Shrivastav, Adv. Mr. Nishant Kesharwani, Adv. for Mr. Shoeb H. Khan, Adv.

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ORDER

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This application has been filed with the prayer to direct the respondents to stop the constructions work of road which is being enhanced from 60- feet road to 80 feet wide situated at Revenue village Hawala Khurd in Udaipur which starts from Badi Road to Rani Road through Shilp Gram and also direct to stop cutting trees on sides of the 60 feet road.

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The brief facts as narrated by the applicant are that Udaipur city was founded by Mahrana Udai Singh of Mewar as the Capital of Mewar Kingdom. He shifted his capital from Chittorgarh to Udaipur which was safe since it is surrounded by Aravali Hills and Lakes. To protect Udaipur from attack by others he built seven huge gates and 6 km.

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long wall. Royal Courtyard inside the City Palace was the first construction for the city palace. He also built various other significant structures while he was in the reign. There is 6- feet wide road situated at Revenue village Hawala Khurd in Udaipur which starts Badi Road to Rani Road through Shilp Gram. In both sides of the road, there is trees of Neem, Mahu, Babul, Aam, Bargad, Peepal, Enjoesis, Pedula, Laneya, Grandis, Akakiya, Kaituchu, Mitarangra, Parviflora, Bosveliya, Serata, Likefoliya etc.

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The Respondents are widening the road from 60 feet to 80 feet only for the purpose of increasing the rates of their properties, lands of them. The purpose of widening the road is only to establish the various colonies by the builders and to sell the lands in higher rates. In view of the above, the authorities of the respondents have given clear cut directions to enhance the road from 60 feet to 80 feet wide road which starts from Revenue village Hawal Khurd Badi Road to Rani Road through Shilp Gram, Udaipur and work of widening road is going to start soon. This area wholly comes under the Eco-sensitive Zone. Enhancement of the road from 60 feet to 80 feet a lot of tress will be cut. The Land Acquisition Officer, Urban Development has given compensation on 18.01.2023 to the landholder for construction of road which is being enhanced form 60 feet road to 80 feet wide road situated at Revenue village Hawala Khurd in Udipur which starts from Badi Road to Rani Road through Shilp Gram.

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The matter was taken up by this Tribunal on 05.07.2023 and a Joint Committee was constituted with directions to submit the factual and action taken report.

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The Joint Committee in response to the above order submitted the report that vide notification dated 02.09.2011 issued by the Nagariya Vikas Vibhag permission under section 4(2) of Land Acquisition Act, 1894 was granted under the Public Welfare to UIT to carry out the aforesaid activities. Another Writ Petition was filed before the Hon’ble High Court at Jodhpur vide DB Civil Misc. Writ Petition No. 7436 of 2023 titled as Samit Kavdia & Anr vs. State of Rajasthan & Ors. , which is pending before Hon’ble the High Court. It is further submitted that from the side of the Badi Road, after entering the aforesaid road it has been observed that some grown up trees had already been cut down and rampant of the stem were observed. On visual observation by the team, it was found that now during widening of the road, around 200 fully grown trees on the road side as well as line just inside the boundary wall of 18 land owners will be cut down. The matte will be considered for dropping in the district level monitoring committee of ESZ of road widening in the aforesaid matter as Cutting of Large number of trees is involved and the said road does not have much traffic as no large habitation exists n the nearby areas. Some traffic is there only during fairs at the Shilp Gram but that may not justify cutting such a large number of very old and massive trees. So government is ready to reconsider and re-examine the matter keeping in mind the environmental impact of the project. Environmental issues and rich biodiversity of the region is of paramount importance for the government.

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The Learned Counsel for the applicant has submitted that the effect of cutting down trees on the Ecosystem can cause widereaching problems, including soil erosion, water cycle disruption, greenhouse gas emission and biodiversity losses. Combined, these four issues affect not only wild plants and animals but human beings as well.

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Trees give out oxygen, even because of them we have the rains, in short they maintain the ecological balance. If we would cut trees what is going to happen is that population won’t stop growing but oxygen in the atmosphere will reduce. Another effect can be scarcity of food and many other problems are attached to it such as less of rains will result in less water for irrigation. Less water for irrigation would result in less harvest which would again lead to less food and if this continues to happen for a long period of time then it might lead to famine type situation. Cutting down trees takes away that oxygen. The most important is, tree are necessary for rain, trees creates cold and humid atmosphere required for rain. Second, when it rains, trees hold the water and do not allow to pass over soil which avoids floods. Third, they provide food to all of livings. If we continue to cut tree at larger extent then, it will definitely affect the rainfall and also will create a unstable atmosphere which will lend to destruction on / of earth.

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The most known consequence of deforestation is its threat to biodiversity. In fact, forests represent some of the most veritable hubs of biodiversity. From mammals to birds, insects, amphibians or plants, the forest is home to many rare and fragile species. When the forest trees are cut down, the percolation of rain water into soil is reduced. The aesthetic value of forest has

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economic value, since beautiful forests can increase the property value of a given area and attract tourists.

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There are two questions involved in it, one is that the notification dated 02.09.2011 with regard to the action taken by the Respondent under section 4 (2) of the Land Acquisition Act, 1894. The order passed by the Competent Authority under the Land Acquisition Act is not subject matter of this Tribunal and the aggrieved person may approach to the appropriate forum for challenging the notification dated 02.09.2011. Further the occurrence of acquisition which is of the year 2011 is not covered under section 14 & 15 of National Green Tribunal Act, being time barred. Next question involved in this application is cutting of trees for which the Collector and the Joint Committee has submitted that the matter has been placed before the District Level Monitoring Committee of Eco-sensitive Zone for taking a decision and not to cut the trees. It has further been submitted that the government is re-considering and re-examining the matter keeping in mind the environment impact of the project and local administration including Collector is of the view not to cut the trees for widening the road. We expect that the report of Joint Committee including the contention of the District Collector, Udaipur that the government is considering not to cut the trees shall be strictly complied with as per version narrated by the Collector. So far as the acquired land is concerned that may be protected since it is acquired as state land by wire or any other method so that it may not be matter of encroachment by others and it may be utilised for the public purposes for which it is required in case of necessity and urgency in due course of time. In case, if any grievance still survives after the decision of Collector the applicant shall be at liberty to file an application

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afresh. We further direct that no tree will be subject of cutting without permission from Forest Department/Competent Authority.

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With these observations the Original Application No. 47 of 2023 along with I.A. 36/2023 stands disposed of.

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Sheo Kumar Singh, JM

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Dr. A Senthil Vel, EM

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5^th September, 2023 O.A No.47/2023(CZ) K

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Samit Kavdia v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Samit Kavdia v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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