Disposed

Mahendra Pratap Singh Chouhan vs

NGT21 Nov 2024Original Application No. 948/2024

Case brief

AI extract

What is this about?

The NGT disposed of an application concerning illegal tree cutting in MP after reviewing a joint committee report. The court directed the Chief Conservator of Forest to expedite demarcation and protection of forest land as per Central Zonal Bench directions within two months, noting no fresh cutting was found at the recently visited site.

What did the court decide?

Chief Conservator of Forest, MP directed to ensure demarcation and protection of forest land within two months and submit a compliance report.

Mahendra Pratap Singh Chouhan vs — Environment and Pollution | NGT (2024)

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Item No. 14

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Court No. 2

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 948/2024

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Mahendra Pratap Singh Chouhan

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Applicant

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Versus

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State of Madhya Pradesh

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Respondent

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Date of hearing: 21.11.2024

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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: None Respondent: Ms. Rukmini Bobde, Mr. Amlaan Kumar and Mr. Vinayak Aren, Advocates for State of M.P.

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Mr. Raghav Sharma, Mr. Pranjal Pandeya and Mr. J P Singh, Advocates for MPPCB.

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ORDER

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The Original Application has been registered under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) in exercise of suo motu jurisdiction in view of the law laid down

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by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13 SCC 401 , on a letter petition dated 05.11.2023 sent by Mahendra Pratap Singh Chauhan, Ricchi House, Station Road, Shyopur, District Shyopur, MP.

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The complainant has said that in Tehsil Karahal, District Shyopur, hundreds of bighas of forest land has been encroached for cutting of trees illegally and said area is adjacent to ‘Kuno National Park’ which is of National importance.

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Complaint was examined by Tribunal on 11.09.2024 and after being prima facie satisfied that a substantial question relating to environment has arisen out of implementation of enactments mentioned in Schedule I of NGT Act, 2010, Tribunal found it appropriate to obtain a factual report and thus, constituted a joint Committee comprising Principal Chief Conservator of Forest (HoFF), Madhya Pradesh; Madhya Pradesh Pollution Control Board; representative of Principal Secretary, Forest and Environment, Madhya Pradesh; and Integrated Regional Office, Ministry of Environment, Forest and Climate Change, Bhopal.

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Committee was required to submit a factual report within one month.

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Consequently, joint Committee has submitted its report vide e-mail dated 20.11.2024 which shows that site was visited by joint Committee on 13.11.2024. Report says that earlier similar complaint was made in OA No. 183/2023 (CZ) before Central Zonal Bench, Bhopal which appointed a Committee for factual verification. Joint Committee appointed in OA. 183/2023 (CZ), submitted its report and proceedings of joint Committee and conclusions as well as recommendations made in report dated 21.02.2024 reads as under:-

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“Proceeding of the Joint Committee

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1. The members of joint committee discuss the matter in brief and found that the grievances highlighted by the complainant in his complaint is not small area specific but it involves total forest area of Karahal Tehsil of District Sheopur. So joint committee called upon the complainer Shri Mahendra Pratap Singh Chauhan to spotify the locations where forest area are being cut. The complainer took the joint committee members to two places which are about 1-2 km away from the village Richhi. At these spots about 15 to 20 tress were found cut. Demolition of trees was not observed in large extent. (Photographs taken during inspection is attached as per Annexure1). Complainer told that there are so many spots in the forest area where tree cutting has happened which are away from these spots.

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2. In the matter of tree cutting Sub Division officer, Forest Department Karahal, District Sheopur who is also a member of joint committee told that visited part of the area belongs to forest Block Richhi of Karahal range. In this block 63 trees were cut in the year 2023 for which 7 forest crime cases were registered and a fine of Rs. 3340/was collected from the criminals and guilty employees and legal action was also taken. It is also informed by Sub Division officer, Forest Department Karahal that Forest Range Karahal, Forest Range Baroda, two sub range of Sheopur range and two sub range of Budera range comes under Tehsil Karahal. In the year 2023 about 577 trees were found to be cut illegally in these forest range areas for which 116 forest crime cases were registered by the Forest Department. And legal action has been taken including imposing of fine of Rs. 84270/-, which was recovered from the criminals and guilty employees. Information submitted by Forest Department by letter dated 15.02.2024 is attached as Annexure-2.

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3. This area visited by the joint committee with complainer are not adjacent to the border of Kuno Forest. The distance of Kuno Forest is about 17 km away from the village Richhi.

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4. The area for which complainant was concerned and visited with Joint Committee has been raised is comes under the Forest & Revenue department. As per Sub Divisional Officer, Forest Department Some part of Richhi village is declared as the reserved forest block under section 4 (I) of Indian Forest Act 1965. Proceeding in this regard including land demarcation is pending at the office of the Forest Management Officer / Sub Divisional Officer Revenue Karahal.

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5. Sub Divisional Officer, Forest Department Karahal informed that forest department regularly supervise the whole forest area according to pre decided forest map for forest area protection and maintenance. For illegal tree cutting cases legal action has been regularly taken by department against the criminals & guilty forest employees.

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6. There is a beat inspection roster which is approved by Chief conservator of forest Gwalior for every calendar year by which forest official are regularly checking the beats from range assistant to divisional forest official level.

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Conclusion:

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On the basis of observation made by Joint Committee with complainant regarding tree cut in forest area, it is concluded that-

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1. No large scale tree cut seen on two spots seen by the Joint Committee with complainant near village Richhi.

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2. Forest Department regularly supervise the forest area according to pre decided plan/map to protect and maintain the forest area.

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3. Cases are registered regularly as and when forest crime came to the knowledge of forest department. In the year 2023 about 577 trees were found to be cut illegally in Karahal & Baroda forest range areas for which 116 forest crime cases were registered by the Forest

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Department. And legal action has been taken including imposing of fine of Rs. 84270/-, which was recovered from the criminals and guilty employees.

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4. Forest and Revenue forest land both are situated near village Richhi where Joint Committee carried out spot visit. There is no proper demarcation of Forest and Revenue forest land in some places. The case of demarcation and other provisions under section 5 to section 20 of Indian Forest Act, 1965 is pending at the level of Forest Settlement Officer/Sub Divisional Officer Revenue Karahal.

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5. The Kuno Forest is about 17 km away from the village Richhi where tree cut reported by the complainant.

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Recommendation:

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On the basis of above facts and findings Joint Committee reco1mnend to issue following directions:

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a) Revenue department should speed up the process under section 5 to section 20 of Indian Forest Act, 1965, which is pending at office of Forest Settlement Officer/Sub Divisional Officer Revenue Karahal. So that proper demarcation of Forest and Revenue forest land, which is pending at some places could be carried out.

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b) Forest department may be instructed to increase the vigilance of forest area to minimize the tree cut incidents.”

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The above report was considered by Tribunal at Bhopal Bench and vide order dated 23.04.2024, Original Application was finally disposed of. Relevant extract of observations and directions issued by Tribunal as contained in para 6 to 9 are reproduced as under:-

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“6. While hearing the matter on 23.02.2024 the Tribunal observed that the Forest Department was negligent in protecting the trees and the employees of the Forest Department were also directly or indirectly involved in the said incident. The problem being faced by the Revenue Department and the Forest Department is that some part of the Richhi village is declared as the Reserve Forest Block under Seciton4(1) of Indian Forest Act, 1965 and the proceeding in this regard including land demarcation is pending at the office of the Forest Settlement Officer/ Sub Divisional Officer (Revenue) Karahal.

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7. This Tribunal after considering the report of the Joint Committee directed the Chief Conservator of Forest to take necessary action and in compliance thereof Chief Conservator of Forest has taken action and submitted the report with the following facts:

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a. That the impugned area in the present petition falls within the jurisdiction of Karahal Tehsil, incorporating both the forest and revenue departments' authority. It is submitted that the total forest area under the authority of Forest Department, Sheopur is 2.65 lakh

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hectares, of which more than 1.25 lakh hectares fall within the Karahal Tehsil, wherein there are approximately 100 villages. That this forest area consists of mixed forests containing species like Kardhai, Salai Khair, Dhawda, Palash, and other varieties of trees. Furthermore, cutting of timber trees is not permitted, and surrounding rural and forest villages rely primarily on dry fallen timber for their needs.

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b. That in an attempt to curb encroachment in this forest area, cleanliness drives are conducted to remove encroachments, leading to appropriate legal proceedings against the offenders / encroachers. It is pertinent to note here that in the year 2023, Forest Crime PO No. 39319 dated 05.08.2023 and, 3gA/8 dated 03.08.2023 were registered, a total of 12 offenders were apprehended and cases were filed before the Hon'ble Court, wherein the Honble Court on examining the evidences placed on record found the 12 accused guilty. Thereafter in January 2024, in Forest Crime Case No. 3O3/ 13 dated 07.01 .2023, a total of 06 accused were apprehended from the forest area. That a copy of Charges framed and photographs of the accused in the aforementioned Forest Crime Cases are marked and annexed.

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c. That the forest ranges of Sheopur, Budhera, Karahal, and Baroda fall within the jurisdiction of the Forest Department Sheopur, Karahal Tehsil. That a total of 347 forest crime cases were registered in the year 2023, resulting in the imposition of fines totaling INR 14,97,9O7/- against the offenders.

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d. It is further pertinent to note here that a penaity, memo has been issued against Mr. Sugreev Singh, Assistant Forest Ranger, for his negligence of duties, vide letter no./ ref. / 2024 /2498 dated 05.04.2024. Additionally, a charge sheet has been issued against Mr. Ravi Kaushal, Forest Guard, stationed at Beat gaurd Reechi Dakshin, vide letter no.lref.l2493 dated 05.O4.2024, initiating preliminary action against him. The copies of letter no. / ref . / 2024/ 2498 dated OS .O4 .2024 and letter no./ref.l2493 dated O5.O4.2024 is marked and annexed.

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e. It is further stated that DFO, vide Letter No.DM/202 4llS97 dated 15.03.2024 to District Collector and letter no. DM|2O24l 1889 dated 13.03.2024 to Sub-Divisional Officer Revenue Karahal to expedite the enquiry under the provisions of Section 5 to Section 20 of the Indian Forest Act, L927. The copies of Letter No.DM/202411897 dated i5.O3.2024 and letter No.DM/2O2411889 dated 15.03.2024 are marked and annexed.

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f. It is further submitted before this Tribunal that the Forest Department, Sheopur has removed multiple encroachments within the Forest to a total tune of approximately 60.630 hectares.

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8. Accordingly, we direct as follows :

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1. The Collector Sheopur and the DFO Sheopur, M.P. is directed to initiate the process of identification and demarcation and the protection of Forest Land under Section 5 (20) of Indian Forest Act, which is reported to be pending. Forest Settlement Officer has to

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take necessary actions according to rules with the help of the Revenue Department.

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2. The Divisional Forest Officer is directed to ensure that there should not be any further cutting of the trees and in case of any damage to the plantation and a trees necessary actions must be taken according to rules. The action taken by the Divisional Forest Officer must be reported to the Chief Conservator of Forest (M.P.), who will supervise all the actions taken by the DFO concerned. The Chief Conservator of Forest (M.P.) may ensure the proper demarcation, identification and protection of the Forest Land.

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9. With these observations the Original Application No. 183/2023(CZ) stands disposed of. A copy of the order be communicated to (1) The Chief Conservator of Forest (M.P.) (2) Collector Sheopur, (M.P.) and (3) DFO Sheopur, (M.P.) for taking necessary action.”

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Report submitted before us states that Divisional Forest Officer, Sheopur sent communications to Collector and Settlement Officer, Sheopur to expedite Forest Settlement Process.

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So far as present complaint is concerned, it is said that on the site visited on 13.11.2024, Joint Committee found no fresh cutting of trees in the questioned area and no encroachment was also found on the site. However, with regard to directions given by Tribunal in its judgment dated 23.04.2024 in O.A. No. 183/2023 (CZ) for demarcation, identification and protection of forest land, nothing has been placed before us to show that such demarcation and identification has been done for protection of forest land.

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In the facts and circumstances of case, we find it appropriate to dispose of this Original Application by requiring Chief Conservator of Forest, MP to ensure demarcation, identification and protection of forest land as directed by Central Zonal Bench, Bhopal vide judgment dated 23.04.2024 within two months and submit compliance report with Registrar, Central Zonal Bench, Bhopal.

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If there is no compliance of above direction with regard to demarcation, identification etc., Registrar shall place the matter before appropriate Bench for further orders/execution of the above direction.

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Original Application is accordingly disposed of.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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November 21, 2024 Original Application No. 948/2024 SN

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Mahendra Pratap Singh Chouhan vs

Case brief

What is this about?

What did the court decide?

Mahendra Pratap Singh Chouhan vs

Case brief

What is this about?

What did the court decide?

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