Disposed

Sanidhya Jain v. State of Madhya Pradesh through Collector Bhopal

NGT17 Dec 2024IA No. 57/2024 in Original Application No. 114/2024

Case brief

AI extract

What is this about?

This order addresses an application seeking to prevent illegal tree felling for road construction in Bhopal. The Tribunal criticized the unscientific approach, directed tree plantation at a 10:1 ratio on-site, and ordered a complete review of the plan to minimize damage and relocate trees. It emphasized sustainable development over arbitrary cutting.

What did the court decide?

Directs tree plantation at 10:1 ratio within the affected area; prohibits further cutting without expert committee approval and competent authority sanction; mandates use of compensation funds for act

Sanidhya Jain vs State of Madhya Pradesh through… — Environment and Pollution | NGT (2024)

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Item No. 5

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BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

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Original Application No.114/2024(CZ) (I.A.No.57/2024)

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Sanidhya Jain Applicant (s) Vs.

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Bhopal Municipal Corporation & Ors. Respondent(s)

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Date of Hearing: 17.12.2024

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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): Mr. Udit Singh Parihar, Adv. Mr. Sanidhya Jain – in person

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For Respondent(s) : Ms. Gunjan Chowksey, Adv. along with Ms. Disha Chouksey, Adv. Mr. Prashant M. Harne, Adv. Mr. Om Shankar Shrivastav, Adv. Ms. Parul Bhadoria, Adv.

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ORDER

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The Executive Engineer, Division No. 1, Capital Region, Public Works Department, Bhopal vide letter dated 02.04.2024 has initiated the process of cutting and felling of more than 132 number of trees for the road construction from Swarna Jayanti Park, Bawariya, Kala, Tiraha to Kolar Road and aggrieved by the cutting of the trees the applicant a law student filed this application with the grievance that illegal felling of these trees will destroy the Flora and Fauna, adversely contaminate the ground water and severely affect the air quality of the city which gradually

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result in decreased capacity of water retention could lead to future raging of flood in the city and submitted that development must be in consonance with the fundamentals of sustainable development.

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It is further submitted that in the process of photosynthesis, phytoplankton release oxygen into the water. Half of the world's oxygen is produced via phytoplanktonphotosynthesis. The other half is produced 2 via photosynthesis on land by trees, shrubs, grasses, and these trees support a wide variety of Eco-System.

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The submission of the applicant on the basis of scientific evidence is that trees are the hope for mankind, heals the roots of our lives, making the human existence come true by providing the most essential element of life, the Oxygen. In addition to this, by felling such huge number of adult trees, which takes several decades to grow, an injustice is caused not just to the present generation of humans but also to the future generations of humans and all other living beings dependent on the eco-system.

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The rate of green cover loss in Bhopal is alarming. As per government data, the forest cover alone has shrunk 25% from 2017 to 2019. Upper lake was created by Rajabhoj in 11th century CE by constructing an earthen dam across the Kolans river, and the lower lake was constructed nearly 200 years ago, largely from the overflow of water from upper lake. It was way back in 20022003 the government had proposed a bird sanctuary around Bhoj wetland for conservation of 17 lacs trees and bird species. It has not been implemented till date. As per India State of Forest Report

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(ISFR) 2019, forest/green cover in Bhopal has decreased by 25.33%. Nearby Vidisha and Sehore districts too lost forest cover by 25.54% and 46.10% respectively compared to 2017. Taking reliance of M.K. Ranjitsinh & Ors. Vs. Union of India & Ors., W.P. (C) No. 838/2019, decided on 21.03.2024, the applicant has prayed for directing the respondents to refrain from the arbitrary felling of trees in the area of Shahpur and to find out an alternate method for construction of the road which does not include the mindless felling of trees, in a sustainable manner.

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The matter was taken up by this Tribunal on 09.05.2024, a committee consisting representative of the Principal Chief Conservator of Forest, Bhopal and one representative of MPPCB was constituted with direction to submit the factual and action taken report. The committee has filed the report with the following facts:-

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“ Background : Ministry of Road Transport and Highway of India New Delhi has sanctioned four lane Cement Concrete Road from Saithan Singh Chaouraha, Shahpura Bhopal to Kolar Road Via Manisha Market, Bansal Hospital, Swaran Jyanti Park, Bawadia Tiraha. Executive Engineer Construction division no. 1 Capital Project Administration Bhopal has sought permission to cut 132 Trees from Superintended Horticulture Department Nagar Nigam Bhopal. Vide Letter dated 23.01.2024. For cutting tree 132 has Executive Engineer Construction division no. 1 Capital Project Administration Bhopal deposited Rs. 7,92000/- in Nagar Nigam account vide letter no. 1454 dated 07.06.2024 and also deposited Rs. 765600 /- In account vide letter no. 749 dated 13.03.2024 of Conservator Paryawaran Vaniki, Van Mandal, Bhopal. for compensatory plantation.

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Field Observation : Joint committee on dated 24/06/2024 conducted a site visit. The Geographical locations, photographs and visual observations were recorded during inspection.

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During inspection, Joint Committee visited the site as mentioned in the petition. The points discussed during the inspection are mentioned as under : -

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1. As per Permission granted by Nagar Nigam, Bhopal via proposal for 130 trees has been cut from Danish Chouraha to Kolar Road where the work of construction of road is near to completion.

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2. Executive Engineer Construction division no. 1 Capital Project Administration Bhopal paid Rs. 765600/-, the amount to Paryawaran Vaniki, Van Mandal, Bhopal for compensatory plantation accordingly Forest Department will conduct the plantation.

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3. M/s Jeet Construction company Narwani allocated work to construct concrete road by Executive Engineer Construction division no. 1 Capital Project Administration Bhopal has felled about 800 trees mostly Kaner, Kesia, Byflora of Central Verge from Bansal Chouraha to Danish Chouraha Kolar Road about 1 kilometer length without any permission from Authorities.

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4. Public Work Deptt.(PWD) Bhopal has conducted survey from Shaitan Singh Chouraha to Shahpura Station via Aura Mall and marked 176 trees, from Campion school to Bansal Hospital Tiraha marked 235 trees identified and Marked which are on the way of propose four lane concrete road and also requested vide letter no. 1574 dated 24.06.2024 to Commissioner Nagar Nigam, Bhopal and Conservator Forest Paryawaran Vaniki, Van Mandal, Bhopal to direct

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Government agency expertise in shifting the trees on the way of the said road network to be constructed.

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5. Traffic Jam due to increasing number of Vehicles In road From saitan singh churaha to kolar road is quite frequent resulting rise in AQI of City, so widening of road as well as saving of more number of trees are important issues.

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6. The road is to be converted into 4 lane road from Manisha Market- Shaitan Singh Chouraha-Aura MallShahpura - Bansal. And the four lane road that is to be constructed is concrete road. The design of Concrete road is a little wide road in comparison to bitumen road.

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Action Taken By Forest Department :- M/s Jeet Construction company Narwani allocated work to construct concrete road by Executive Engineer Construction division no. 1 Capital Project Administration Bhopal has felled about 800 trees mostly Kaner, Kesia, Byflora of Central Verge from Bansal Chouraha to Danish Chouraha Kolar Road about 1 kilometer length without any permission from Authorities hence Conservator Forest Paryawaran Vaniki, Van Mandal, Bhopal has asked vide letter no. 1745 dated 20.06.2024 with Executive Engineer Construction division no. 1 Capital Project Administration Bhopal to deposit Rs. 23,20000/- for compensatory plantation due to cutting of 800 nos. trees of Central Verge from Bansal Chouraha to Danish Chouraha Kolar Road.”

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The matter was again taken up on 09.07.2024 and after considering the report of the joint committee the Tribunal observed and directed as follows :

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The perusal of report reveals that there are large number of cutting of trees legally and illegally and in unscientific manner without considering the environment and its affect on the local citizens. Rule or the directions issued with the plantation does not mean that the violator have to violate the rules and pay for it. Cutting of trees or damaging of trees cannot be permitted if it is not in the way of plantation and if adversely affecting the ecology and environment of the area. The authorities have simply taken a decision to deposit the amount in the Forest Department and to cut the trees. This is not the purpose of the environmental rules.

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In report of MPPCB at Sl. No. 1 Nagar Nigam has made a proposal for cutting of 130 trees for construction of road from Dhanish Chauhara to Kolar Road. The authorities have not taken recourse for plantation of the trees in the area. Accordingly, in Sl. No. 1 as mentioned above, we direct that the trees must be planted within the same area at the ratio of 100 plants in case of damaging one tree.

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In case of the report at Sr. No. 3, where the construction company has felled about 800 trees mostly Kaner, Kesia, Byflora without any permission from authorities. We direct that the necessary action must be initiated against the construction company not only for environmental compensation but also with such an action which may prohibit such an agency to cut the trees without any permission from the competent authority.

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There are further reports in para 4 that 176 + 235 trees are identified for cuttings. We direct the authorities concerned and Principal Chief Conservator of Forest to re-examine the matter and unnecessary permission should not be issued to damage or cut the

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trees. Sustainable Development is required for development of the nation and development of the area but it does not mean to damage the environment and the air quality which is primary necessity to survive the humanity. Development cannot be done on the cost of the life of the persons. We further direct that PWD should revise the proposal and repeat the survey keeping in mind to identify the trees that can still be saved, &relocated as well so that the cutting of trees can be minimum. The 4 lane which is being constructed has advantages and need as well toward rush and jamming condition of the traffic whereas disadvantageous towards environment. The road that is to be constructed if can be of bitumen then comparatively less number of trees will be cut.

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The methodology and technology which are required to be complied with for construction of road is to be taken by the department concerned according to the scientific parameter but so far as damage of trees are concerned this Tribunal has serious concern and further direct the respondent to re-examine the proposal and policy in consultation with the Forest Department and we further direct that further cutting of the trees should be avoided.

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We direct that there should not be any cutting of trees or damage of trees without examining by the expert committee and that too without sanction or approval from the competent authority.

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The contention of the Learned Counsel for the applicant are that the cutting of the trees adversely affect the migratory birds that one-of-a-kind bird survey of the area during peak summer season in 2022, revealed 61% of the species were resident migratory and 26% migratory. Over 50,000 birds were found in the 2022 survey, and that too in peak summer. Human intervention has posed

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serious ameliorating effects to wildlife in the city of Bhopal. Thousands of adult and decades old trees, some even in deemed areas have been felled with the permission of Bhopal Municipal Corporation. Many Trees have been chopped for a convention center and expansion of the resident areas in sheer avariciousness. Project Smart City was proposed with a promise to keep 50% of the area covered with trees capes. Unfortunately, more than 1000 large trees have been chopped under the garb of development which could be done more sustainably by ensuring to maintain adequate treescapes but the govt. cromulence in the name of development is posing serious health implications to the people of Bhopal.

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That, in a current popular discourse about climate change and trepidation about its adverse effects. Many cities in India including Bhopal and Indore in Madhya Pradesh are battling shortage of ground water, the borewells have turned dried just because of disproportion between extraction of water and the efforts made to recharge it. Recently, the public works department of Madhya Pradesh issued a set of guidelines to prevent further mining and digging in ground for borewell in Bhopal and Indore, contravention of these guidelines will attract the application of criminal liability which shall be punishable with Imprisonment and Fine. Despite all this, the state government working in outright callousness and in defiance of the framework and directives issued by the Hon’ble Supreme Court of India. Pertinently, the access to clean water is not a privilege; it is a basic human right. Yet, millions of people in India face the daily struggle of finding safe water sources for themselves and their families. Lack of clean water leads to

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devastating consequences, affecting health, and economic opportunities. India is one of the most water-deprived nations. According to a 2019 report by the Niti Ayog, the country has 17 per cent of the world’s population but just 4 per cent of freshwater resources. According to a report by (water.org) 6 per cent of Indians (91 million people) lack access to safe drinking water, and 746 million people don’t have proper sanitation facilities. Contaminated surface water and lack of piped water supply are the most common water problems Indians are facing. But fortunately, our mother nature has gifted us the most precious natural phenomenon to recharge the levels of ground water, that is, with the help of our trees. Trees turned out to be crucial for maintaining the large pores that characterize the soil in the area and which lead water into the ground. If there were no trees, the water would just run off or evaporate. The leaves of the trees help bring water through the process of transpiration. Water percolates deep into the ground as the trees make the soil loose, which further helps increase groundwater levels. Clean and safe drinking water is our fundamental right, and, thus, by felling the trees we are contributing to water contamination which is indeed an intergenerational injustice and depriving the people from their most essential fundamental right. Sadly, the trees are being fell just because to facilitate the stimulation of machineries which are used for road construction.

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That, urban treescapes significantly lower the temperature by lowering surface and air temperatures by providing shade and cooling through evaporation and transpiration, also called evapotranspiration. Transpiration is a process in which trees and

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vegetation absorb water through their roots and cool surroundings by releasing water vapor into the air through their leaves. Trees and vegetation also provide cooling through evaporation of rainfall collecting on leaves and soil. Research shows that urban forests have temperatures that are on average 2.9°F lower than unforested urban areas.

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The trees those are about to fell/cut by the respondents are of major importance as they are endangered and specifically protected under Wildlife Protection Act of 1972. Consequently, major breeds of birds and squirrel protected under the Wildlife Protection Act of 1972 will also get affected in tandem with the felling of trees. Trees, Birds and Squirrels protected under Wildlife Protection Act, 1972 which will face the direct adverse consequences of the actions of the respondents are –

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i. The Banyan tree (Ficus benghalensis), which is a widely recognized and culturally significant tree in India, is protected under Schedule VI of the Wildlife Protection Act (WPA) of 1972. Schedule VI of the WPA deals with plants that are deemed to require protection due to their ecological and environmental importance. The inclusion of the Banyan tree in this schedule emphasizes the need to conserve and safeguard this species and its habitat from overexploitation and destruction. It's important to note that the Wildlife Protection Act not only protects animals but also extends its provisions to certain plant species that play critical roles in the ecosystem.

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ii. The Peepal tree (Ficus religiosa), also known as the sacred fig tree, is protected under Schedule VI of the Wildlife Protection Act (WPA) of 1972 in India. Schedule VI of the WPA includes plants that require protection due to their ecological significance and importance in maintaining biodiversity. The Peepal tree holds cultural and religious significance in India, and its inclusion in Schedule VI underscores the need to conserve and protect this species and its habitats from threats such as deforestation, habitat destruction, and unauthorized trade. Protection under Schedule VI of the WPA helps ensure the preservation of the Peepal tree for future generations and the overall health of the ecosystem.

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iii. The Saptparni tree (Alstonia scholaris), also known as the Indian devil tree or dita bark tree, is protected under Schedule IV of the Wildlife Protection Act (WPA) of 1972 in India. Schedule IV of the WPA provides a moderate level of protection to certain plant species. This listing aims to regulate the harvesting, trade, and transportation of the Saptparni tree to prevent its overexploitation and ensure its conservation in the wild. The inclusion of the Saptparni tree in Schedule IV reflects its ecological importance and the need to manage its conservation effectively.

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iv. The Kadam tree (Neolamarckia cadamba), also known as the Burflower tree or Leichhardt pine, is protected under Schedule VI of the Wildlife Protection Act (WPA) of 1972 in India. Schedule VI of the WPA includes plants that require protection due to their ecological significance and importance in maintaining biodiversity. The Kadam tree is valued for its timber, medicinal properties, and ecological role, and its inclusion in Schedule VI highlights the need to conserve and protect this species and its habitats from threats such as deforestation and habitat degradation. Protection under Schedule VI of the WPA aims to regulate activities related to the Kadam tree to ensure its sustainable use and conservation in the wild. This listing emphasizes the importance of managing and safeguarding plant species like the Kadam tree to maintain the health and diversity of India's ecosystems.

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The following trees which are being fell/cut by the respondents emit Tonnes of Oxygen in a year:

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Azadirachta Indica (Neem)- 19.81 Tonnes O2 in Ha/Y1

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Magnifera Indica (Mango) - 186.74 Tonnes O2 Ha/Y1

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Delonix regia (Gulmohar) - 200.30 Tonnes O2 Ha/Y1

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Swietenia Mahagoni - 83.54 Tonnes O2 Ha/Y1

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Alstonia Scholaris (Saptaparni) - 12.39 Tonnes O2 Ha/Y1

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Polyalthia Longifolia (Ashok) - 32.17 Tonnes O2 Ha/Y1

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Ficus Religiosa (Peepul) - 95.5695.59 Tonnes O2 Ha/Y1

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Ficus Benghalensis (Banyan) - 22.19 Tonnes O2 Ha/Y1

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The following birds will suffer the wrath of the actions of the respondents-

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I. The White-bellied Kingfisher (Todiramphus albonotatus), also known as the White-breasted Kingfisher or the White-throated Kingfisher, is protected under Schedule I of the Wildlife Protection Act (WPA) of 1972 in India. Schedule I of the WPA provides the highest level of protection, and species listed under this schedule are afforded stringent legal safeguards against hunting, trade, and other forms of exploitation. The White-bellied Kingfisher is a species native to parts of Southeast Asia, including India, and is considered vulnerable due to habitat loss and other threats. Its inclusion in Schedule I of the WPA reflects the urgency and importance of conserving this species to prevent further decline in population numbers. Under Schedule I of the WPA, stringent penalties apply for offenses related to the White-bellied Kingfisher, and special permits are required for any activities involving this protected species. This level of protection is crucial for the conservation and preservation of India's biodiversity and avian fauna.

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II. The bulbul, specifically the Red-vented Bulbul (Pycnonotus cafer), is protected under Schedule IV of the Wildlife Protection Act (WPA) of 1972 in India. The WPA aims to conserve wildlife and prevent exploitation of endangered or vulnerable species, including certain birds like the Red-vented Bulbul.

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III. The Magpie Robin (Copsychus saularis), also known as the Indian Robin, is protected under Schedule IV of the Wildlife Protection Act (WPA) of 1972 in India. The WPA aims to conserve wildlife and prevent exploitation of various species, including birds like the Magpie Robin, to ensure their survival and ecological balance.

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IV. The Yellow-throated Sparrow (Gymnoris xanthocollis), also known as the Chestnut-shouldered Petronia or

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Yellow-throated Petronia, is protected under Schedule IV of the Wildlife Protection Act (WPA) of 1972 in India. This schedule provides legal protection to the Yellowthroated Sparrow.

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V. Egrets, which are birds belonging to the family Ardeidae, including species like the Great Egret (Ardea alba), Intermediate Egret (Ardea intermedia), Little Egret (Egretta garzetta), and others, are generally protected under Schedule IV of the Wildlife Protection Act (WPA) of 1972 in India.

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VI. Cormorants, which are aquatic birds belonging to the family Phalacrocoracidae, are protected under Schedule IV of the Wildlife Protection Act (WPA) of 1972 in India. This schedule provides legal protection to cormorants, including species like the Indian Cormorant (Phalacrocorax fuscicollis) and the Great Cormorant (Phalacrocorax carbo), by prohibiting hunting, capturing and every other form of exploitation.

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VII. The Lesser Golden Woodpecker (Dinopium benghalense) is protected under Schedule IV of the Wildlife Protection Act (WPA) of 1972 in India.

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So, these are some breeds of the birds protected under Wildlife Protection Act, 1972. That, according a survey conducted by International Union for Conservation of Nature, the world is witnessing one of the most appalling repercussions of deforestation and unsustainable development, that is, drastic decline in Birds population due to multiple factors such as, habitat loss, felling of trees, Increasing Electromagnetic radiations and many more. The study by IUCN states-

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IUCN Red List of Endangered Species lists 182 species of Indian birds in the categories of Critically Endangered, Endangered, Vulnerable,

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and Near Threatened. These species are threatened with global extinction, and trade in these species is internationally banned. Many of these species are endemic to the Indian Subcontinent, which has special relevance for conservation of birds in India.”

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That, due to gradual decline in Birds Population and its species and their coruscating consequences to ecology is important for understanding the impacts of biodiversity loss and ecosystem changes. Some of the vital points to consider are as follows-

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Birds plays in pivotal role in Ecological balance: Birds play crucial roles in seed dispersal, pollination, insect control, and nutrient cycling. Understanding these interactions is essential for assessing the consequences of bird population declines.

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Impact on Food Webs: Extinctions of vulnerable bird species can affect food webs and trophic interactions. Loss of key bird species can disrupt ecosystem balance, leading to cascading effects on other species within the ecosystem.

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3.Habitat Changes and Fragmentation: Habitat changes and fragmentation impact vulnerable bird populations. Loss of suitable nesting sites, foraging areas, and migration stopover sites can threaten bird survival and reproductive success.

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Climate Change Effects: Climate change is affecting vulnerable bird species, including changes in distribution patterns, timing of migrations, and availability of food resources. Climate-driven shifts can further stress bird populations already facing other threats.

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Ecosystem Services: Birds contribute to ecosystem services such as pest control, crop pollination, and ecotourism, which are important for local economies and livelihoods. Furthermore, according to a survey by AQI.IN on 13th November 2023, which displays that, out of the 10 most polluted cities in the world 8 cities are in India.

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Learned Counsel for the State has argued that due to traffic jam and increasing number of vehicles on road from Shaitan Singh Chouraha to Kolar Road are causing rise in the AQI of city and thus widening of the road as well as felling of the trees are important issues and road is to be converted into four lane road to avoid traffic jam and air pollution due to vehicles. It is further 15

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argued that the project of construction of road was taken up in the 100^th meeting of Financial Expenditure Committee of Public Works Department and tender was floated and the proposal was accepted in accordance with rules, where there was a verification of cutting of only 132 trees and the necessary permission and NOC have been issued by the competent authorities. The felling of all those trees was executed strictly in accordance with the requirement after No Objection Certificate from the Forest Department. It is further argued that after the order of this Tribunal no further felling of trees has been carried out and a revised administrative approval for the project was received from the Public Works Department, which includes approval for the transportation of the trees. It is further submitted that all plants and shrubs removed during the construction process will re-planted on the median of the road upon completion of the road construction.

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Learned Counsel for the State Mr. Prashant M. Harne has submitted that previous tender has been cancelled and revised DPR has been prepared and submitted with taking care with minimum number of trees may be affected and he has further submitted that as per revised DPR approximately 65 trees are being affected for which necessary steps are being taken for reallocation of the trees or planation @ of 10 (ten) times of the damaged trees.

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It is further submitted that in accordance with the recommendation of the Joint Committee report the revised proposal has been submitted by the Public Works Department to identify the trees that can still be saved and relocated so that

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cutting of the trees can be minimised. Accordingly, we dispose of this application with the following directions :

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i. The respondent will ensure that there should not be any unnecessary cutting of trees or damage of trees without properly examining it and that too without approval of the competent authority.

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ii. The methodology and technology which are required to be complied with for construction of road is to be taken by the department concerned. The Public Works Department and the Forest Department must ensure the transplantation, plantation and afforestation at the ratio of minimum 10 time subject to increasing the number of planation of trees within the area beside the road to maintain the ecology and air pollution. The amount of compensation which has been paid to the Forest Department must be utilised for plantation and protection of the plants in the nearby areas.

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With these observations, the Original Application Nos. 114/2024(CZ)

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along with I.A. stand disposed of.

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Sheo Kumar Singh, JM

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Dr. A Senthil Vel, EM

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17^th December 2024 O A No.114/2024(CZ) K

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O A No.114/2024(CZ) Sanidhya Jain vs. Bhopal Municipal Corporation & Ors..

Sanidhya Jain v. State of Madhya Pradesh through Collector Bhopal

Case brief

What is this about?

What did the court decide?

Sanidhya Jain v. State of Madhya Pradesh through Collector Bhopal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

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