News Item Titled "State Paying Heavy Price for Forest Department,S Blunders" Appearing in the New Indian Express Dated 22.05.2024 vs

NGT9 Jul 2024Original Application No. 774/2024

Case brief

AI extract

What is this about?

The National Green Tribunal registered this application suo-motu based on a news report alleging forest degradation in Kerala due to improper plantation practices. The court impleaded several forest and district officials as respondents and transferred the matter to the Southern Zonal Bench.

What did the court decide?

Notice issued to respondents to file response; original record transferred to Southern Zonal Bench, Chennai for hearing on 10.09.2024.

News Item Titled "State Paying Heavy Price for Forest… — Environment and Pollution | NGT (2024)

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Item No. 07

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 774/2024

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News Item titled "State paying heavy price for forest departments blunders" appearing in The New Indian Express dated 22.05.2024

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Date of hearing: 09.07.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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ORDER

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This original application is registered suo-motu on the basis of the news item titled "State paying heavy price for forest departments blunders" appearing in The New Indian Express dated 22.05.2024.

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The matter relates to the role of the Kerala Forest Department in the degradation of Kerala’s forests over the past few decades. The matter came to light when the forest department cancelled the order of Kerala Forest Development Corporation (KFDC) to replant exotic pulpwood species eucalyptus in its plantations.

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According to the article, the Kerala Forest Department manages 33 tree species over 1,56,204 hectares. The department pledged to eradicate invasive species and plants by 2032 in 2017. But progress has been slow. Farmers in forest fringe areas also claim that the forest department's mono-crop plantations have degraded forests. The article also notes that invasive species like Senna spectabilis, Hypoestesphyllostachya, Maesopsiseminii, Mikania micrantha, Lantana camara, Eupatorium cannabinum, Siam weed, and ‘communist pacha’ have destroyed animal habitats, caused food and water shortages in

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forests, and forced herbivores and carnivores into farmlands and human dwellings. The article highlights that environmentalists want exotic species and plantations turned into natural forests. They allege the department's decade-old soft sandalwood planting has had fatal effects. The Forest Department created a Grassland Afforestation Division at Periyar Tiger Reserve in the 1980s. It employed an assistant conservator to plant acacia in 50 sqkm of grasslands despite their ecological and wildlife importance. Eucalyptus was cut down after decades when the department realised its effects. Wattle planting in Munnar's shola forests was another error. Similar instances have occurred in Wayanad, where the species has spread across 33% of the sanctuary. One senior officer said 2000 hectares of senna had been removed from the Wayanad forest, and the eco-restoration programme eradicated 27000 hectares of monocultures in 2021 and 7000 hectares of invasive species. They stressed the necessity for NABARD support to eradicate invasive species.

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The above matter indicates violation of the provisions of the Environment Protection Act of 1986, the Biodiversity Act of 2002, and the Forest Rights Act of 2006.

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The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.

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Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897 .

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Hence, we implead the following as respondents:

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i. Ministry of Environment, Forest and Climate Change, through

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Regional Office

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Deputy Director General of Forests (C),

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Ministry of Environment, Forest and Climate Change,

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Integrated Regional Office, KendriyaSadan, 4^th Floor,

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E&F Wings, 17^th Main Road, Koramangala II Block,

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Bangalore – 560034

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ii. Principal chief conservator of forest & head of forest force

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Nandavanam, Vazhuthacaud,

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Thiruvananthapuram, Kerala – 695014

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iii. District Magistrate, Wayanad

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Collectorate Wayanad, north kalpetta

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p.oWayanad, District – Wayanad – 673 122

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iv. District Magistrate, Idduki

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Civil Station Idukki, Kuyilimala ,Painavu – 685 603

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Issue notice to the respondents for filing their response before the appropriate bench of the Tribunal at least one week before the next date of hearing.

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Since the matter relates to the Southern Zonal Bench, Chennai, therefore, OA is transferred to the Southern Zonal Bench. Therefore, the original record of this OA be transferred to the Southern Zonal Bench, Chennai for further action.

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List before Southern Zonal Bench at Chennai on 10.09.2024.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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July 09, 2024 O.A. No. 774/2024 HB

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News Item Titled "State Paying Heavy Price for Forest Department,S Blunders" Appearing in the New Indian Express Dated 22.05.2024 vs

Case brief

What is this about?

What did the court decide?

News Item Titled "State Paying Heavy Price for Forest Department,S Blunders" Appearing in the New Indian Express Dated 22.05.2024 vs

Case brief

What is this about?

What did the court decide?

What the court decided

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