Disposed

Vijay Pal Singh Yadav v. Madhu Gupta Wife of Naresh Gupta

NGT5 Aug 2024IA No. 864/2023 in Original Application No. 740/2023

Case brief

AI extract

What is this about?

The NGT held that while four specific tree species were exempted under a Haryana notification, the illegal cutting of four remaining trees mandated the computation of environmental compensation.

What did the court decide?

Directing Member Secretary HSPCB to compute environmental compensation for four illegally cut trees in consultation with the Divisional Forest Officer within one month, submitting a report within fift

Vijay Pal Singh Yadav vs Madhu Gupta Wife of Naresh Gupta — Environment and Pollution | NGT (2024)

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Item No.12

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No.740/2023 (I.A. No.864/2023)

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Vijay Pal Singh Yadav Applicant

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Versus

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Madhu Gupta and Ors. Respondent

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Date of hearing: 05.08.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant(s): Applicant in Person

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Respondent(s): Mr. A K Jha and Mr. Sudhir Kumar, Advocates for Respondent No. 1 & 2 Mr. Rahul Khurana, Advocate for Respondent no. 3 & HSPCB with Mr. Rakesh Kumar, Range Forest Officer (through VC)

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ORDER

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The applicant in person.

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Basically a title dispute in respect of land in dispute has been raised in the present matter. The only issue relating to environment is the allegation that about 50 trees have been illegally cut without permission from competent forest officials under the provisions of Punjab Land Preservation Act, 1900 (hereinafter referred to as ’ PLP Act,1900 ’). On the issue of alleged illegal cutting of trees respondent 3 has filed a short reply stating that out of 50 trees which were uprooted on the land in dispute, 37 belong to Bakain (Melia Azedarch) and 9 trees are of Tut or Mulberry and 4 trees are of other species.

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Bakain and Tut/Mulberry species are exempted under a notification dated 04.01.2023 issued by State of Haryana in exercise of powers under Section 4 of PLP Act. Copy of said notification is on page 227 and it reads as under:

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“No.S.O. 8/P.A. 2/900/S 4/2013-whereas the Governor of Haryana is satisfied after due enquiry that the regulation, restrictions and probations of the Punjab Land Preservation Act, 1900 (Punjab Act 2of 1900).

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Now, therefore, in exercise of powers conferred by Section 4 of the said act. The Governor of Haryana hereby prohibits the following acts for a period of fifteen years with effect from the date of publication of this order in the Official Gazette in the areas more particularly specified in the Schedule given below, which has been notified under Section 3 of the said Act, vide Haryana Government, Forest Department. Notification No. S.O.s17A, 2/1900/S. 3/2012, dated 19^th December, 2012.

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a). The cutting of trees of timbere except Eucalytus, Poplar, Bakain, Baimboo, Tut, Amrood and Ailanthus or collection of removal or subjection to any manufacturing process, or any forest produce other than flower, fruit and honey. Save for bona fide domestic or agricultural purposes of the right-holders in the land. Provided in the powers of the land may sell trees or timber after obtaining a permit to do so from the Division Forest Officer of the concerned division. Such permit will prescribe such conditions for sale as may, from time to time appear necessary in the interest of forest conservancy. The farmers of the State shll be liberty to sell Khair trees to any person/agency/Haryana Forest Development Corporation Limited of their choice so as to enable them to get of their products provided that the owners of the land may sell the Khair trees after obtaining a permit to do so from the Divisional Forest Officer concerned. ”

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From the above reply it is evident that four trees which are of restricted or prohibited categories, have been cut illegally but there against, for the damage caused to environment, noenvironmental compensation has be determined.

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In view thereof we dispose of this Original Application by directing Member Secretary, HSPCB to compute environmental compensation in consultation with the concerned Divisional Forest Officer, in respect of the four trees which have been illegally cut lator after giving due

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opportunity of hearing to the violator and in compliance of principles of natural justice, within a period of one month and submit a Compliance Report with the Registrar General of this Tribunal within further fifteen days thereafter.

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The Registrar General place the matter before Bench if any further order is necessary.

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With the above directions/observations this Original Application is

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disposed of.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM August 05, 2024 Original Application No.740/2023 M

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Vijay Pal Singh Yadav v. Madhu Gupta Wife of Naresh Gupta

Case brief

What is this about?

What did the court decide?

Vijay Pal Singh Yadav v. Madhu Gupta Wife of Naresh Gupta

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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