Dismissed

Balbir Dass v. State of Punjab

NGT25 Jan 2024Original Application No. 142/2023

Case brief

AI extract

What is this about?

In an application seeking directions for a fair inquiry and a fine against a Sarpanch for illegally cutting trees, the National Green Tribunal held that inquiries under other enactments should follow natural justice rules but are outside its primary scope, and got the plea for directions dismissed.

What did the court decide?

Directions to the respondents to conduct a fair inquiry and join the applicant were dismissed as not warranted.

Balbir Dass vs State of Punjab — Environment and Pollution | NGT (2024)

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Item No.5

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(Court No.2)

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI.

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(Through Physical Hearing with Hybrid VC Option)

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Original Application No.142/2023 (I.A. No. 706/2023)

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Balbir Dass …Applicant

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Versus

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State of Punjab & Ors. …Respondents

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Date of hearing:- 25.01.2024.

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CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: Applicant in Person. Respondents: Mr. Prateek K. Chadha DAG for State of Punjab with Ms. Navdeep Kaur, DDPO, Ludhiana.

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Application has been filed under the provisions of the National Green Tribunal Act, 2010.

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Order

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The applicant has filed present application under the provisions of the National Green Tribunal Act, 2010 for issuance of direction for registration of FIR against Sarpanch Parminder Singh and imposing fine which should be minimum 30 times of the amount of Rs. 1,67,000/- received by him by illegally cutting and selling 40 trees standing over the panchayat land.

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The applicant has submitted that Parminder Singh, Sarpanch of Gram Panchayat-Kaddon, Tehsil Payal, District Ludhiana, Punjab had cut approximately 40 trees illegally from Panchayat land near Senior Secondary School, village Kaddon, Ludhiana and sold the same for Rs. 1,67,000/-. The applicant made complaint against Parminder Singh,

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O. A. No. 142/2023

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Balbir Dass Vs. State of Punjab & Ors. -2-

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Sarpanch of Gram Panchayat-Kaddon to the District Development and Panchayat Officer, Ludhiana who conducted the inquiry and found him guilty and made recommendation to the Director, Rural Development and Panchayat Department for his removal/suspension but did not recommend any penal action against him.

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This Tribunal took cognizance and vide order dated 13.03.2024 ordered issuance of notices to the respondents requiring them to file their reply/response within two months.

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In compliance thereof notices were duly served on the respondents.

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Reply was filed by the Block Development and Panchayat Officer, Ludhiana vide email dated 26.05.2023. The relevant part of the reply filed by the Block Development and Panchayat Officer, Ludhiana is reproduced as follows:-

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“ Reply/response in order to comply with the order dated 13.03.2023 of 2023

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X X X X

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1) That the applicant made the complaint to Block Development & Panchayat Officer Doraha regarding the DeForestation of Trees at Village Kaddon, Tehsil Payal, District Ludhiana by the Parminder Singh Sarpanch of Village Kaddon. On receiving the complaint then Block Development & Panchayat Officer Doraha made a report vide Letter No. 2093 Dated 27.06.2022 (Copy Enclosed)

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2) That complainant has not satisfy with the report of Block Development & Panchayat Officer Doraha and moved a complaint to District Development & Panchayat Officer Ludhiana. On receiving his complaint District Development & Panchayat Officer had referred the complaint to Block Development & Panchayat Officer Khanna. Block Development & Panchayat Officer Khanna vide letter no. 5600 Dated 13.10.2022 had made the report (Copy Enclosed)

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3) That District Development & Panchayat Officer Ludhiana vide his letter no. 20031 Dated 30.11.2022 a report sent to the Director Rural Development & Panchayat Department

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O. A. No. 142/2023

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Balbir Dass Vs. State of Punjab & Ors. -3-

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S.A.S. Nagar (Mohali) in which he submitted the report that Therefore, Mr. Parminder Singh Sarpanch Gram Panchayat has made himself guilty for cutting the trees without permission and even violating the directions of the Hon'ble Green Tribunal. So, he has no right to remain in office. Therefore, it is recommended to take action under section 20 of the Punjab Panchayati Raj Act 1994 against Mr. Parminder Singh Sarpanch, Gram Panchayat, Block Doraha has been taken..

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4) That on receiving the report Director Rural Development & Panchayat Department S.A.S. Nagar (Mohali) has suspended the sarpanch and regular inquiry was marked to the Addional Deputy Commissinor (RD) Ludhiana which still pending and Parminder Singh Sarpanch Gram Panchayat had preferred the appeal against the order of Director Rural Development & Panchayat Department S.A.S. Nagar (Mohali) to the appellant authority i.e. Financial Commissioner Cum Sectary Rural Development & Panchayat at Chandigarh which is pending for 1^st June 2023.”

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Vide order dated 04.12.2023 State of Punjab through Chief Secretary, Government of Punjab; Secretary, Department of Science, Technology and Environment, Government of Punjab; Financial Commissioner, Rural Development and Panchayat, Government of Punjab; District Magistrate, Ludhiana; and District Development and Panchayat Officer, Ludhiana were impleaded as respondents No. 1 to 5 and notices were ordered to be served on them.

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I.A. No. 706/2023 has been filed by the applicant for giving directions to the respondents to conduct fair, regular inquiry in this matter by giving opportunity to the applicant to join regular Inquiry.

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This Tribunal is concerned primarily with the environmental questions arising in the present case and is not required to look into and issue directions regarding the manner of conducting of the inquiries by the respondents which inquiries were/are initiated for taking of appropriate action against the violators under enactments other than the enactments specified in Schedule I to the National Green Tribunal Act, 2010. Suffices it to observe that inquiries

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O. A. No. 142/2023

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Balbir Dass Vs. State of Punjab & Ors. -4-

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were/are required to be conducted in accordance with relevant statutory provisions/principles of natural justice and in case of any grievance the applicant may avail appropriate remedies before the Appellate Authorities/Hon’ble High Court of Punjab and Haryana, if so desired, in accordance with law. In the facts and circumstances of the case issuance of directions as prayed for by the applicant in I.A. No. 706/2023 by this Tribunal is not warranted and I.A. No. 706/2023 is dismissed accordingly.

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Reply has been filed on behalf of respondents no. 1 and 2 by Additional Secretary to Government of Punjab, Department of Science, Technology and Environment vide email dated 12.01.2024.

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The relevant part of the reply filed by respondent no. 1 and 2 is reproduced as below:-

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“ Short reply to Additional Secretary to Government of Punjab, Department of Science, Technology and Environment on behalf of respondent no. 1 and 2 i.e. the Chief Secretary, Punjab and Secretary, Department of Science, Technology and Environment, Punjab respectively. X X X X

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5. That the examination of the case has revealed that though the Director, Rural and Development and Panchayats on receiving the report dated 30.11.2022 from District Development and Panchayat Officer, Ludhiana has suspended the Sarpanch, Gram Panchayat Village Kaddon, Tehsil Payal, District Ludhiana and marked the regular inquiry to Additional Deputy Commissioner (Rural Development), Ludhiana, but the substantial question relating to the protection of the environment due to illegal cutting of trees and the remedial measures required to be taken has remained unanswered. In such cases Environmental Compensation is also required to be imposed for damage to environment.

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6. That in the above background, the case has been referred to the Department of Forests and Wildlife Preservation, Punjab vide memo no. 25 dated 10.01.2024 for framing of requisite Standard Operating Procedure, statutory framework for the protection of trees, grant of permission for cutting of trees, imposition of Environmental

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O. A. No. 142/2023

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Balbir Dass Vs. State of Punjab & Ors. -5-

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Compensation for illegal cutting of trees etc., which may be made applicable in general conditions in the State of Punjab. A copy of memo no. 25 dated 10.01.2024 is enclosed herewith as Annexure-A.

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7. That the State of Punjab may kindly be granted three-month time to formulate Standard Operating Procedure, statutory framework for the protection of trees, grant of permission for cutting of trees, imposition of Environmental Compensation for illegal cutting of trees etc.”

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Reply has been filed by the District Development and Panchayat Officer, Ludhiana on behalf of Chief Secretary, Government of Punjab, Financial Commissioner, Rural Development and Panchayat, Government of Punjab, District Magistrate, Ludhiana and District Development and Panchayat Officer, Ludhiana vide email dated 20.01.2024.

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The relevant part of the reply of Respondent no. 5 is reproduced as below:-

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“Reply/response in order to comply with the order dated 04.12.2023of Hon’ble Bench.

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2. That the applicant made the complaint to Block Development and Panchayat Officer, doraha regarding the unauthorized cutting of trees at Village Kaddon, Tehsil Payal, District Ludhiana by Parminder Singh, Sarpanch of Village Kaddon.

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3. The regular inquiry report of the Additional Deputy Commissioner (RD) Ludhiana, report of BDPO Khanna and BDPO Doraha are on record. These reports do no indict the Sarpanch for tree felling. However, as per the report of DDPO Ludhiana No. 20031 dated 30-11-2022 and one of the documents on record, the members of Shaheed Bhagat Singh Sports Club, Kaddon and Baba Sidhsar Sports Club Kaddon have taken responsibility of the cutting of trees.This document thus establishes that trees have indeed been cut and indicates dereliction of duty on the part of the Parminder Singh, Sarpanch Kaddon. The said Sarpanch has already been suspended by Director, Rural Development and Panchayat based on report submitted by DDPO Ludhiana. He has preferred for appeal with Additional Chief Secretary, Rural Development and Panchayat which is pending . This appeal shall be decided in due course of time on merits.

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4. It is further submitted that in the State of Punjab, strenuous efforts are being made for the protection of the trees. Van Mitras are appointed under MGNREGA, where, after every 200 trees Van Mittras are appointed to protect the

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O. A. No. 142/2023

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Balbir Dass Vs. State of Punjab & Ors. -6-

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trees. In the year 2023-24 in district Ludhiana alone, about 4.75 lakh trees have been planted to add to the quality of Environment.

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5. Also, as per the directions of this Hon'ble Court, compensatory afforestation to the tune of about 500 trees against the alleged uprooting of 40 trees has been done at the village common land, Kaddon by the DDPO, Ludhiana through the office of BDPO, Ludhiana compliance has been made of orders of worthy NGT”.

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It is evident from the replies filed by the respondents that on complaint of the applicant inquiries were made. In the course of inquiries members of Shaheed Bhagat Singh Sports Club, Kaddon and Baba Sidhsar Sports Club Kaddon took the responsibility of the cutting of trees. However, Mr. Parminder Singh, Sarpanch, Gram Panchayat Kaddon has also been indicted for dereliction of duties and action is being taken against him. Compensatory afforestation to the tune of about 500 trees against the alleged uprooting of 40 trees has been done at the village common land, Kaddon.

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It may also be observed here that in their replies the respondents have submitted that strenuous efforts are being made in the State of Punjab for the protection of the trees. Van Mitras are appointed under MGNREGA, where, after every 200 trees Van Mittras are appointed to protect the trees. In the year 2023-24 in District Ludhiana alone, about 4.75 lakh trees have been planted to add to the quality of Environment. Reference has been made to the Department of Forests and Wildlife Preservation, Punjab vide memo no. 25 dated 10.01.2024 for framing of requisite Standard Operating Procedure, statutory framework for the protection of trees, grant of permission for cutting of trees, imposition of Environmental Compensation for illegal cutting of trees etc., which may be made applicable in general conditions in the State of Punjab.

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O. A. No. 142/2023 Balbir Dass Vs. State of Punjab & Ors. -7-

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In view of the above we are of the considered view that no further action is required to be taken on the present application which is disposed of accordingly with no order as to costs.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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January 25, 2024 ag

Balbir Dass v. State of Punjab

Case brief

What is this about?

What did the court decide?

Balbir Dass v. State of Punjab

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

Case details

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