Disposed

News Item Titled Continuous Encroachment and Cutting in the Forests of Forest Development Hundreds of Trees Are Being Cut Every Day But Responsible People Are Silent. Appearing in Cgmitan.Com Dated 07.05.2024 v. Principal Chief Conservator of Forest

NGT24 Oct 2024Original Application No. 182/2024

Case brief

AI extract

What is this about?

The National Green Tribunal suo-motu examined allegations of rampant tree cutting and encroachment in Chhattisgarh based on a news report. A committee was formed to investigate; it found specific encroachment removed and trees girdled. The Tribunal accepted the report and directed the State to comply with recommendations for ongoing protection and afforestation.

What did the court decide?

Directing the Respondents to strictly comply with the committee's recommendations regarding surveillance, plantation, and protection of forest areas.

News Item Titled Continuous Encroachment and Cutting in… — Environment and Pollution | NGT (2024)

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Item No. 09

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

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Original Application No.182/2024(CZ) (O.A.No.715/2024 PB)

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News Item titled ^^ou fodkl ds taxyksa esa yxkrkj vfrØe.k o dVkbZ] izfrfnu dkVs tk jgs lSdM+ks isM+] ft+Eesnkj [kkeks’k** appearing in CGmitan.com dated 07.05.2024

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Suo moto…

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Date of Hearing: 24.10.2024

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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): None.

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For Respondent(s) : Mr. Rohit Sharma, Adv. Mr. Siddharth Chouhan, Adv. Mr. Manuraj Singh, Adv.

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ORDER

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This original application is registered suo-motu on the basis of the news item titled “ वन ववकास के जंगलो में लगातार अवतक्रमण व कटाई , प्रवतववन काटे जा रहे सैकड़ो पेड़ , ववम्मेवााार खामोश ” appearing in CGmitan.com dated 07.05.2024.

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The matter relates to rampant cutting of wood and encroachment in the forests of Pandariya town in the Kabirdham district of Chhattisgarh. As per the article, indiscriminate cutting of trees is going on in the forest area of Pandaria sub forest division on Badora road. It alleges that the authorities have become mute spectators to the deforestation and no action is ever taken.

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News Item titled ^^ou fodkl ds taxyksa esa yxkrkj vfrØe.k o dVkbZ] izfrfnu dkVs tk jgs lSdM+ks isM+] ft+Eesnkj [kkeks’k** appearing in CGmitan.com dated 07.05.2024

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O.A. No. 182/2024(CZ)

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The news item alleges that 150-200 trees are being cut everyday. People bring wood every day on about 50 cycles. Wood from the forest is being used to construct hotels in the city. Due to cutting of trees, the area of forest is constantly shrinking. The sound of ax echoes the forests from 5 am to late evening. Along with firewood, teak and timber trees are 2 also being cut. Due to continuous felling in the forest areas, wild animals also feel unsafe and hence due to human intervention, wild animals move towards cities.

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The news item further alleges that the forest officials are aware of the situation and yet no action is taken or only notices are sent. It states that near the Kranti reservoir, about 13 acres of Forest Development Corporation’s forest was cut and a farm was built. But even after crops have been grown on the encroached land, no eviction action has been taken against the encroachment. Inaction against encroachment is encouraging further encroachment. It also alleges that the forest officials do not live in the forest due to which wood smugglers and encroachers are fearless.

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The above matter indicates violation of the Forest Conservation Act, 1980 and the Environment Protection Act, 1986.

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The matter was taken up by this Tribunal and the committee was constituted and headed by AIG of Forest, MoEF&CC with members of PCB and State PCB and representative of Collector with direction to submit the factual and action taken report. The members of the committee visited the site and submit the report as follows :-

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1. “Background of the area under question:

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News Item titled ^^ou fodkl ds taxyksa esa yxkrkj vfrØe.k o dVkbZ] izfrfnu dkVs tk jgs lSdM+ks isM+] ft+Eesnkj [kkeks’k** appearing in CGmitan.com dated 07.05.2024

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O.A. No. 182/2024(CZ)

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Encroached Area: The area under question (13 Acre near Kranti reservoir) belongs to Kawardha Project division, Kabirdham (CGSFDC) the total forest area under this division is 25735.597 hectare which comprises 04 Ranges Pandariya, Bodla , Taregaon and Singhari Range. The forest area of Pandariya Range having 10110.535-hectare land and distributed in 45 compartments of Protected Forest (PF). The Forest area of Pandariya Range is covered with Miscellaneous Forest and main species are Teak, sal, saja, dhawada, haldu, tendu, Tinsa, char, Salia mode, karra etc. The Encroachment site comes under compartment PF/498, Badaura-2 Beat of Kukdur-2 circle of Pandariya Range. the total area of compartment PF/498 is 216.250 Ha.

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Kranti reservoir : It was built in 1982-83 and this reservoir located about 7 km from district head quarter of Pandriya near Sagona village. It is earthen dam and total length is 2040 meter and height are 9.75 meter. It is mainly used for irrigation and agriculture work of the area and total irrigated land from this reservoir is 1012 hectare. The length of main canal is 13 km and minor canal is 6 km. The catchment area of the reservoir 9.37 sq.km and water holding area about 2.53 sq. km. This reservoir located just near to incident area and it was observed that during the full tank level this area submerged upto 0.5 meter of water.

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2. Brief about Forest Rights Act (FRA), 2006:

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i. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 or The

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News Item titled ^^ou fodkl ds taxyksa esa yxkrkj vfrØe.k o dVkbZ] izfrfnu dkVs tk jgs lSdM+ks isM+] ft+Eesnkj [kkeks’k** appearing in CGmitan.com dated 07.05.2024

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O.A. No. 182/2024(CZ)

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Forest Rights Act (FRA), 2006 recognizes the rights of the forest dwelling tribal communities and other traditional forest dwellers to forest resources, on which these communities were dependent for a variety of needs, including livelihood, habitation and other socio-cultural needs. It can also be claimed by any member or community who has for at least three generations (75 years) prior to the 13th day of December, 2005 primarily resided in forests land for bona fide livelihood needs and the Gram Sabha is the authority to initiate the process for determining the nature and extent of Individual Forest Rights.

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ii. Through this act, there are three major rights on forests to be transferred to the forest-dwelling tribal people. These include:

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a. Title for Forest Land Under Occupation.

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b. Title to Community Forest Rights (CFR): This is the right of ownership, access to collect, use, and dispose of minor forest produce which has been traditionally collected within or outside village boundaries’. The Act defines the term “minor forest produce” to include “all non-timber produce of plant origin, including bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, lac, tendu or kendu leaves, medicinal plants and herbs, roots, tubers, and the like”.

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c. Title to Community Forest Resources.

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d. However, the rights vested under the act are inheritable but not sale-able.

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News Item titled ^^ou fodkl ds taxyksa esa yxkrkj vfrØe.k o dVkbZ] izfrfnu dkVs tk jgs lSdM+ks isM+] ft+Eesnkj [kkeks’k** appearing in CGmitan.com dated 07.05.2024

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O.A. No. 182/2024(CZ)

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3. Field Observations of the Committee:

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i. GPS location of the Kranti reservoir at Pandriya block has been recorded using a mobile-based GPS application. The google map of the alleged tree cutting site and photographs taken during the inspection are enclosed herewith. The geographical coordinates of area under question are 22o27’78.91’’N, 81o41’12.52’’E.

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ii. Committee visited the stretch of Kranti reservoir and protected forest compartment no 498 which is specifically mentioned in the paper news. On the day of site inspection, no such type of activity was observed. No transportation of wood was observed by the Committee at the time of visit.

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iii. As informed by the Sarpanch and local residents of the area the local tribals are depended only on forest wood to fulfil their fuel requirement at home and this is the main reason of the illicit tree cutting. As mentioned above girdling’s were observed; Girdling, also known as ring-barking, involves removing a strip of bark from around the circumference of a tree trunk. This disrupts the flow of sap and nutrients between the roots and the leaves of the tree. Eventually, the tree dies because it can no longer transport water and nutrients effectively. This method is being used to select trees for firewood, but it may have negative ecological impacts i.e Girdling

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can disrupt local ecosystems and reduce 5

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News Item titled ^^ou fodkl ds taxyksa esa yxkrkj vfrØe.k o dVkbZ] izfrfnu dkVs tk jgs lSdM+ks isM+] ft+Eesnkj [kkeks’k** appearing in CGmitan.com dated 07.05.2024

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O.A. No. 182/2024(CZ)

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biodiversity. It's often considered illegal or unethical especially in protected forest areas.

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iv. Committee was informed by the officers of Chhattisgarh State Forest Development corporation that two persons Sh. Sadhuram and Sh. Pardeshi illegally encroached the protected forest land 1.813 hectare and 2.493 hectare near Kranti reservoir under protected forest compartment no 498 and damaging the 18 trees through girdling. After receiving the information, the forest officer registered a case POR 16217/09 on 13.4.2023 under forest offence, during the investigation both the culprit confess the crime. After completing the investigation the CG State Forest Development Corporation Kawardha Project division issued the show cause notice to Sh. Sadhuram and Sh.Pardeshi on 19.5.2023 regarding unauthorised encroachment in forest land but both the accused not given any reply of notice issued. In continuation of that kawardha project division issued second notice to both the accused on 13.6.2023 but again they are not submitted any reply. After some time, division issued final notice for removal of encroachment on 12.01.2024 and receiving submitted to office. Due to Model Code of Conduct and Parliament election of 2024 all the field employee engaged in the election duty hence action of removal of encroachment could not be completed. The relevant document i.e.

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News Item titled ^^ou fodkl ds taxyksa esa yxkrkj vfrØe.k o dVkbZ] izfrfnu dkVs tk jgs lSdM+ks isM+] ft+Eesnkj [kkeks’k** appearing in CGmitan.com dated 07.05.2024

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O.A. No. 182/2024(CZ)

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complaint investigation information dated

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11.5.2023, notices issued, Panchnama of spot action are enclosed.

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v. As informed on 4.8.2024 CG state forest development corporation again verbally instructed to both the persons for removal of encroachment in compliance of that the encroachment of Sh Pardeshi from 2.493 hectare removed on 5.8.2024 and encroachment of Sh Sadhuram from 1.813 hectare has been removed on 7.8.2024 and final report submitted to Range office, Pandriya. The action taken report submitted to Kawardha Project division of Chhattisgarh state forest development corporation Kawardha on 14.8.2024.

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vi. The committee was observed that the facts published in the news article is true at some extant but the situation is not that much serious as mentioned in the news. The CG state forest development corporation constantly doing patrolling in the area and kept vigil on any illegal activity.

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vii. As mentioned in the news article approx. 150-200 trees cut every day, wood from the forest being used for constructing hotels in city, sound of axe echoes the forest not found in consonance of the facts available on ground. The committee observed that at the time of visit there is no encroachment in the 13acre land near Karanti reservoir area, girdling was found in some of the trees for that the CG forest

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News Item titled ^^ou fodkl ds taxyksa esa yxkrkj vfrØe.k o dVkbZ] izfrfnu dkVs tk jgs lSdM+ks isM+] ft+Eesnkj [kkeks’k** appearing in CGmitan.com dated 07.05.2024

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O.A. No. 182/2024(CZ)

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development corporation taking remedial measures

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for reviving those trees.

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viii. The committee observed that about 15 trees still affected from girdling and its revival is very much required and Chhattisgarh state forest development corporation must take care it.

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ix. It was observed that to revive the girdling affected trees, the forest officials enclose the trunks of affected trees with chicken wire, hardware cloth, or plastic drainage pipe and make sure that bury it several inches below the surface so the smallest critters can't get to the bark and plant will be survived if not damaged so badly.

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x. As informed by the Divisional Manager of the Kawardha Project division the CG state forest development corporation keep constant vigil over the activities in the forest area through flying squad and ground officials of the area and also taking action against the violators in accordance to law. During January 2023 to June 2024 total 43 cases of illicit tree cutting were registered under the relevant section of Indian Forest Act, 1927 and seized the 3.053 cubic meter of timber wood and also recovered the penalty of Rs. 88,150/-. The CG Forest Development Corporation also caught the 50 bycycles, 02 motor cycle and one tractor trolly who involved in illicit tree cutting activity and confiscation process in under consideration at higher authorities.

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News Item titled ^^ou fodkl ds taxyksa esa yxkrkj vfrØe.k o dVkbZ] izfrfnu dkVs tk jgs lSdM+ks isM+] ft+Eesnkj [kkeks’k** appearing in CGmitan.com dated 07.05.2024

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O.A. No. 182/2024(CZ)

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4. Action taken so far:

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i. The encroached land 1.813 and 2.493 hectare has been vacated by the encroachers after strict action taken by the CG state forest development corporation and its compliance report submitted to its division office Kawardha.

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ii. To revive the damage of the girdled trees action has been initiated by the expert of the forest development corporation and most probably the tree will survive.

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iii. The vacant land has been demarked and plantation work has been started and so far, 250 plants has been planted and proposal of 15000 tree plantation in next phase is under consideration.

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iv. The Kawardha project division of CG state forest development corporation issued office order on 28.03.2024 for night surveillance in Pandhariya block and constituted the teams of three members who started the duty as per weekly schedule.

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v. To assessed the sensitivity of the issue and for protection of forest in this block, additional two Assistant Project Range officer has been deputed in Badora beat-II area the office order issued on 12.07.2024.

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News Item titled ^^ou fodkl ds taxyksa esa yxkrkj vfrØe.k o dVkbZ] izfrfnu dkVs tk jgs lSdM+ks isM+] ft+Eesnkj [kkeks’k** appearing in CGmitan.com dated 07.05.2024

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O.A. No. 182/2024(CZ)

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vi. The caution boards for prevention of forest have been place at prominent locations and more caution boards will be install as per the field requirement.

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5. Recommendations:

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The matter has been settled as encroachment removed, more than 250 tree planted, complaint registered under forest act and all necessary office order has been issued, however to further protect the forest the following recommendation made by the committee:

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i. The State Government should provide adequate manpower, security and vehicles etc. to the authorities concerned for regular monitoring and patrolling in the area to prevent illegal activity, if any.

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ii. Warning boards intimating the penalty for illegal tree cutting should be placed by the Forest Department at prominent locations, along with contact details/phone/mobile of the official to whom the information/complaint can be made, if any one who notices illegal cutting.

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iii. The Chhattisgarh State Forest Policy 2001 includes strategies such as promoting forest education, recognizing traditional rights, and developing a forest database etc. it should be effectively implemented in the area, if required a refresher course for field officers may be organised.

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News Item titled ^^ou fodkl ds taxyksa esa yxkrkj vfrØe.k o dVkbZ] izfrfnu dkVs tk jgs lSdM+ks isM+] ft+Eesnkj [kkeks’k** appearing in CGmitan.com dated 07.05.2024

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O.A. No. 182/2024(CZ)

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iv. The forest department may prepare the detailed plantation plan for next year and after obtaining necessary approval and fund allocation work may be start along with revival of old plants affected from gridling. This work may be executed through CAMPA fund, if feasible.

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v. The forest authority makes regular interaction, organised awareness activity with local residents and tribals who are residing in the forest area and if any un-scheduled activity observes than take action accordingly.

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vi. The environment may be compensated by the planation of the trees in 20 times or more in ratio to the damaged trees. Accordingly, the Department of Forest, Kawrdha may be directed to ensure the planation @ 20 times or more of the trees, which has been damaged in area through the same offenders, at the same time the forest rights of tribals of the area should not be affected.”

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We have heard the Learned counsel for the State Mr. Rohit Sharma, who have submitted that proper actions have been taken by the State Authorities and land which was subject matter of encroachment was taken care of and that encroachments have been removed and the matter has been given to forest department for plantation and protection.

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It is further submitted that there are proposal for plantation of 15000 trees and the work has been started. Accordingly, we except report of the

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News Item titled ^^ou fodkl ds taxyksa esa yxkrkj vfrØe.k o dVkbZ] izfrfnu dkVs tk jgs lSdM+ks isM+] ft+Eesnkj [kkeks’k** appearing in CGmitan.com dated 07.05.2024

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O.A. No. 182/2024(CZ)

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committee and direct the respondents to strictly comply the

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recommendations of the committee.

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With these directions Original Application No. 182/2024 stands

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disposed of.

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Sheo Kumar Singh, JM

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Dr. A Senthil Vel, EM

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24^th October, 2024 O.A. No. 182/2024(CZ) PN

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News Item titled ^^ou fodkl ds taxyksa esa yxkrkj vfrØe.k o dVkbZ] izfrfnu dkVs tk jgs lSdM+ks isM+] ft+Eesnkj [kkeks’k** appearing in CGmitan.com dated 07.05.2024

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O.A. No. 182/2024(CZ)

News Item Titled Continuous Encroachment and Cutting in the Forests of Forest Development Hundreds of Trees Are Being Cut Every Day But Responsible People Are Silent. Appearing in Cgmitan.Com Dated 07.05.2024 v. Principal Chief Conservator of Forest

Case brief

What is this about?

What did the court decide?

News Item Titled Continuous Encroachment and Cutting in the Forests of Forest Development Hundreds of Trees Are Being Cut Every Day But Responsible People Are Silent. Appearing in Cgmitan.Com Dated 07.05.2024 v. Principal Chief Conservator of Forest

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

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