Disposed

Misc Application in disposed of cases No. 119/2024 in Original Application No. 590/2023 of Ali Mullah v. Municipality

NGT8 Jan 2025Misc Application in disposed of cases No. 119/2024 in Original Application No. 590/2023

Case brief

AI extract

What is this about?

The bench disposed of an application regarding the illegal cutting of a tree on common land. Due to the lack of specific Punjab legislation and a pending civil dispute, the Tribunal directed the Municipal Council to ensure compensatory afforestation under the pending State Tree Preservation Policy.

What did the court decide?

The Executive Officer, Municipal Council, Longowal is directed to ensure compensatory afforestation in the vicinity of the affected area.

Misc Application in disposed of cases No. 119/2024 in… — Environment and Pollution | NGT (2025)

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Item No.06

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Court No. 3

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BEFORE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Misc Application in Disposed of Cases No. 119/2024

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Original Application No. 590/2023

Ali Mullah

Applicant

Versus

Municipal Council Longowal & Anr. Respondents

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Date of hearing: 08.01.2025

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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: None for the applicant.

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Respondents: None for the respondents.

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ORDER

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The applicant Ali Mullah resident of Patti Jaid situated in the back side of Jyoti Model School, Longowal District Sangrur had sent a letter petition to this Tribunal, which was treated and registered as O.A. No. 590 of 2023, complaining about cutting of a tree standing over common land by Mr. Pramod Kumar.

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The above said O.A. was disposed of vide order dated 29.09.2023. The relevant part of the order reads as under:-

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“3. In view of the averments made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position and take appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of EO, MC, Longowal and DFO and District Magistrate, Sangrur and direct the same to meet within two weeks, undertake visit to the site, look into the grievances of the applicant, hear the applicant and respondent no. 2, verify the factual

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position and take appropriate remedial action by following due process of law within two months.

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4. Factual and Action taken Report may be submitted within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before the Bench for further directions.

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5. The application is disposed of accordingly.”

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Since compliance report was not filed within the specified period the matter was listed before the Bench for further orders.

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Vide order dated 28.11.2024 this Tribunal granted one more opportunity to the concerned officers for compliance with the order passed by this Tribunal.

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In compliance thereto, report dated 13.12.2024 of the Joint Committee has been filed by Deputy Commissioner, Sangrur. The relevant part of the report reads as under:-

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“In compliance with the orders made by you in connection to the above subject, an appeal was filed by Mr. Ali Mulla son of Mr. Rouf Ansari resident of Patti jaid Longowal with the Hon'ble NGT regarding cutting of trees. The committee constituted in this regard held a joint visit at Longowal on 09/12/2024 at 11:00 AM. The Halka Patwari was present on the spot along with the record. On the spot, the complainant's son Akhtar Hussain Ansari informed that his father has gone to Mumbai (Maharashtra). The complainant's son also told that the one tree has been deposited by Savitri Devi wife Shiv Shankar with Municipal Council Longowal. In fact, this tree has not fallen. Rather, it has been deliberately felled/cut by the family members of Savitri Devi. The complainant has also told that his father also has CCTV footage of this tree being felled. He will come and provide it. He also said that Savitri Devi has deposited this tree in the Municipal Council, Longowal to hide the mistake of her family so that no one suspects them.

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Savitri Devi's family members have refuted the allegations made by the complainant's son Akhtar Hussain Ansari and said that it was due to personal enmity that they are targetting their family.

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The Patwari Halka present on the spot reported that this place is within the red line. So there are no Khasra number from which ownership can be verified.

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Executive Officer, Municipal Council, Longowal informed that this street in which the tree was located, is a government public street. He also informed that an application was given by Savitri Devi on 07/05/2024 that there is a tree in front of the gate of her house which was in a state of falling, same has fallen now and Savitri Devi requested that as responsible citizen, she wants to deposit this tree at the Municipal Council, Longowal, being a government tree, now this tree is under the custody of E.O. MC office. However, on the spot the allegation is being made by Akhtar Hussain Ansari son of Mr. Ali Mulla, resident of Patti jaid Longowal that this tree did not fall, it has been cut. In this regard, the Municipal Council, Longowal has written to the Police Department for investigation and action against the culprits.

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Field Officer of Forest Department, Sangrur informed that the area of the incident and the tree does not fall under their jurisdiction. Therefore, no action can be taken by the forest department.

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It is observed by the team that due to the passage of such a long time, it can not be ascertained that tree has fallen on its own or was cut by someone. The Executive Officer, Municipal Council, Longowal, Vide letter No 677 dated 12.12.2024 has written to the Station House Officer, Longowal to investigate and take action against the accused and register an FIR, if found guilty.

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Apart from this, Mr. Ali Mulla son of Mr. Rouf Ansari and his son Akhtar Hussain resident of Patti jaid Longowal, have filed a case in the Court of the Honorable District Sessions Judge, Sangrur against Pramod Kumar and his father Shiv kumar resident of Ward No. 11, Patti jald, Longawal. (copy enclosed)

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Thus from the above, it seems that there is a personal enmity between both the parties i.e. Akhtar Hussain son of Ali Mulla resident of Patti Jaid and the other party Pramod Kumar son of Shiv Shanker resident of Ward No. 11, Patti Jaid, Longowal. They may create law and order problem due to their personal enmity. In lieu of that, a separate letter need to be written to the Senior Superintendent of Police, Sangrur to take appropriate action against both the parties, if needed and as per applicable law.”

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We have gone through the report and other material placed on record carefully.

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In the above mentioned report it has been submitted that civil litigation is pending between the applicant and alleged violator Pramod

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Kumar and that reference has also been made to the Police for looking into the matter and registering FIR regarding illegal cutting of the tree from common land on the basis of duly verified factual position.

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State of Punjab does not have any legislation akin to the Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976 and the Delhi Preservation of Trees Act, 1994 for protection of trees standing over non forest, public/private land.

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In compliance to orders passed by this Tribunal in Original Application No. 378/2022, Sahil Garg vs. State of Punjab & Ors. State of Punjab has formulated “TREE PRESERVATION POLICY FOR NONFOREST GOVERNMENT AND PUBLIC LANDS- 2024” which has been approved by Cabinet but is to be adopted and notified by the State Government.

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In view of the fact that the tree in question was standing over common land falling within the category of public land, the present miscellaneous application is disposed of with direction to E.O, Municipal Council, Longowal, District Sangrur to take further action and ensure compensatory afforestation in the vicinity of the affected area in lieu of the tree alleged to have been illegally cut in accordance with the above said policy of the State of Punjab.

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The present miscellaneous application is disposed of accordingly.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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January 08^th , 2025 Misc Application in Disposed of Cases No. 119/2024 In Original Application No. 590/2023 AB

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Misc Application in disposed of cases No. 119/2024 in Original Application No. 590/2023 of Ali Mullah v. Municipality

Case brief

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What did the court decide?

Misc Application in disposed of cases No. 119/2024 in Original Application No. 590/2023 of Ali Mullah v. Municipality

Case brief

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What did the court decide?

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