Disposed

Sou Motu Action on the News Paper Article Published in Nai Duniya Daily on 14TH March 2024 Chhattisgarh Regarding Illegal Cutting of Trees in the Forest and Reserved Forest Area for Construction of Road in Sukma District Chhattisgarh v. State of Chattisgarh

NGT3 Jul 2024Original Application No. 69/2024

Case brief

AI extract

What is this about?

The National Green Tribunal examined a suo motu application regarding unauthorized tree cutting during road construction in Sukma district. A committee visited the site and found 53 trees damaged. The Tribunal directed the Forest Department to ensure replantation of trees in a 100 times ratio to the damaged trees.

What did the court decide?

Directed Department of Forest and Environment Conservation Board to ensure plantation of 100 times the damaged trees.

Sou Motu Action on the News Paper Article Published in… — Environment and Pollution | NGT (2024)

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Item No. 01

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

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Original Application No.69/2024(CZ)

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Suo Motu congnizance on the News Paper Article Published In Nai Duniya Daily on 14.03.2024 regarding illegal cutting of trees in Forest and Reserved Forest Area for construction of road in Sukma District of Chhattisgarh.

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State of Chhattisgarh

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….Suo Moto

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Date of Hearing: 03.07.2024

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CORAM: HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER

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For Applicant (s):

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For Respondent(s) : Mr. Rohit Sharma, Adv. Mr. Gaurvanvit Jain, Adv.

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ORDER

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The news article published in the Nai Duniya Daily on 14.03.2024 highlighted the cutting of the trees in reserved forest area by the PWD for construction of road in Sukuma district of Chhattisgarh.

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The matter was taken up by this Tribunal on 19.03.2024 and a committee consisting representative of DFO, District Sukma and one representative from the Chhattisgarh Environmental Conservation Board was constituted with direction to submit the factual and action taken report. The member of the committee visited the site and submitted the report as follows :

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O.A. No.69/2024(CZ)

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Suo Motu congnizance on the News Paper Article Published in Nai Duniya Daily on 14.03.2024 regarding illegal cutting of trees in Forest and Reserved Forest Area for construction of road in Sukma District of Chhattisgarh vs. State of Chhattisgarh

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The place mentioned in the case is located in the forest area under Sukma block of Sukma district, about 36 kilometers away from the district headquarters Sukma. Where normally visit is not possible due to Naxalite activities, Therefore, the site was inspected with the help of police force.

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In the road construction work mentioned in the case, the work of upgrading the traditionally used kutcha road is being done by the Public Works Department for a total length of 10.05 kilometers. The said route passes through revenue and forest land. Out of which 9.50 kilometers is located in revenue area and 0.55 kilometers in forest area.

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During the upgradation work of the said road, 16 trees of Forest land PF 246 and 247 of Sukma Forest Division Sukma area were damaged during the operation of the JCB machine. All the said 16 trees have been logged by the forest department as per the rules and transported to the forest depot, Sukma by registering the forest crime number 8810/15. The above information was given by Shri Gulshan Kumar Sahu (Forest Range Officer, Sukma) present on the spot.

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During the inspection, trees were damaged during road construction in the revenue area also, whose number is 37. The details of which, species wise and stem thickness report, had been prepared by Shri Jharan Manjhi, Revenue Patwari, Badesatti..

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Considering the sensitivity of the area and Naxalite activities, it was necessary to construct a road, but a total of 53 trees have been damaged by the contractor of the Public Works Department without permission. Penalty can be imposed to compensate for the environmental damage caused for the said act and for reforestation, trees equivalent to double or whatever is appropriate should be planted.

O.A. No.69/2024(CZ)

Respondent no. 1 has filed the reply with the facts that case under Section 240 & 241 of Chhattisgarh Land Revenue Court 1959 was prepared against the contractor for cutting the tree without authority and a penalty/compensation was imposed under a said provisions and amount of compensation/penalty has been deposited as reported by the SDO Revenue, Sukma.

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Respondent no. 4/Department of Forest has filed the reply with the facts that case under Section 33 of sub clause (1) of Forest Act, 1927 as well as Section 2 of the Forest Conservation Act, 1980 has been registered against the contractor court who cut down the tree without authority and further that amount of penalty that has been imposed has been realised as reported by the revenue department. It is further submitted that the construction of the road was required by the administration and that has been appreciated by the security department for easy movement to check the naxalite activities within the area.

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We have examined the report submitted by the joint committee and found that the area is very sensitive area due to Naxalite activities and it was found by the Administration to construct the road for the welfare of the people however, in furtherance of construction of the road the contractor of the Public Works Department damaged approximately 53 trees. The committee has recommended that the required number of trees should be planted around the area to maintain the environment. In view of the sensitivity of the area the construction of road was found necessary. The environment may be compensated by the planation of the trees in 100 times in ratio to the

O.A. No.69/2024(CZ)

damaged trees. Accordingly the Department of Forest, Sukma and the Chhattisgarh Environment Conservation Board are directed to ensure the planation @ 100 times of the trees, which has been damaged in area through the same contractor.

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The Original Application No. 69/2024 (CZ) stands disposed of accordingly.

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Sheo Kumar Singh, JM

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Dr. Afroz Ahmad, EM

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3^rd July, 2024 O.A. No. 69/2024(CZ) K

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O.A. No.69/2024(CZ)

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Sou Motu Action on the News Paper Article Published in Nai Duniya Daily on 14TH March 2024 Chhattisgarh Regarding Illegal Cutting of Trees in the Forest and Reserved Forest Area for Construction of Road in Sukma District Chhattisgarh v. State of Chattisgarh

Case brief

What is this about?

What did the court decide?

Sou Motu Action on the News Paper Article Published in Nai Duniya Daily on 14TH March 2024 Chhattisgarh Regarding Illegal Cutting of Trees in the Forest and Reserved Forest Area for Construction of Road in Sukma District Chhattisgarh v. State of Chattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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