Disposed

Misc Application in disposed of cases No. 144/2024 in Original Application No. 505/2022 of Devendra Kumar vs

NGT7 Mar 2025Misc Application in disposed of cases No. 144/2024 in Original Application No. 505/2022

Case brief

AI extract

What is this about?

This miscellaneous application challenged the disposal of O.A. 505/2022. The National Green Tribunal examined subsequent compliance reports regarding compensatory afforestation for a road project. Satisfied that detailed geo-coordinates and utilization of funds were provided, the court disposed of the application.

What did the court decide?

The miscellaneous application was disposed of as the Divisional Forest Officer filed a detailed compliance report containing geo-coordinates and financial details.

Misc Application in disposed of cases No. 144/2024 in… — Writ and Judicial Review | NGT (2025)

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Court No. 3

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Item No.05

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Misc Application in Disposed of Cases No. 144/2024

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Original Application No. 505/2022

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Devendra Kumar & Anr. Applicants

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Versus

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State of H.P. & Ors. Respondents

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Date of hearing: 07.03.2025

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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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A pplicants: None for the applicants.

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Respondents: Ms. Mandakini Singh, Advocate for State of H.P. (through VC). Mr. Pursoth Kanan, Advocate for HPPCB (through VC). Mr. S. S. Kashyap, DFO Nachan (through VC).

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ORDER

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The applicants-Mr. Devendra Kumar, President and Mr. Mir Chand, Secretary, ‘Naujawan Sabha, Mandi’ had sent to this Tribunal a letter petition by email, which was treated and registered as O.A. No. 505/2022.

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The above said O.A. No. 505/2022 was disposed of by this Tribunal vide Judgment dated 17.03.2023. The relevant part of the Judgment reads as under:-

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“11. We have heard learned Counsel for the respondents and interacted with the officers who appeared before this Tribunal.

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12. As per the reports submitted/replies filed before this Tribunal in the present case, road from Khodathach to Jognigalu with total length of 2.5 KMs is being constructed by the Executive Engineer, HPPWD Thalout Division (B&R) HPPWD Thalout, Distt. Mandi. The construction of the road will enable the locals to take their vegetables and other agricultural and horticultural produce to the nearby wholesale and local markets for sale more easily. The project of construction of link road does not require EC and is not within consent mechanism of HPSPCB.

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13. The Joint Committee and HPSPCB did not find any violations of the environmental norms requiring intervention by HPSPCB and this Tribunal.

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14. However, we find from the material on record that 20 cum. and 18 cum. excavated muck was found dumped in an unauthorized way in DPF Rangcha by Shri Pokh Raj S/o Sh. Keshav Ram and Hardyal Singh S/o Sh. Lal Singh and for this offence Damage Report No. 002 dated 21.09.2022 and 003 dated 24.09.2022 were issued by the Forest Guard in charge Parkhol Beat and amounts of Rs. 12,420/- and 13,800/- were realized from the above offenders.

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15. We are of the considered view that mere issuance of damage reports and realization of the amounts does not by itself remediate the environmental damaged caused. Divisional Forest Officer, Nachan Forest Division, Gohar, Himachal Pradesh is directed to take remedial measures for reclamation/restoration of the land affected by unauthorized dumping of muck.

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16. As per the material on record the construction of road involved cutting of 30 number Rai and Tosh trees of different classes having standing volume 83.335 cum. In compliance to orders dated 09.12.2021 and 24.03.2022 passed by Hon’ble Supreme Court in WP (C) No. 202 of 1995 titled as T.N. Godavarman Thirumulpad Vs. Union of India, the user agency has planted 300 plants of different species in degraded forest land namely Rangcha DPF.

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17. In the present case permission for diversion of 0.9822 Ha. of forest land falling in Muhal Rangcha/671 under Tikki Beat, Dahar Forest Block of Thachi Forest range in Nachan Forest Division comprising Khasra no. 1728, 64, 1216, 48, 368, 48, 336 and 48 was granted by the Divisional Forest Officer, Nachan Forest Division, Gohar, Himachal Pradesh in favour of Executive Engineer, HPPWD division Seraj at Janjehli for the construction of the road from Khodathach to Jognigalu under FRA, 2006 vide DFO Nachan approval No. 04/2021/202122FRA dated 26.02.2022.

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18. In additional reply filed vide email dated 12.12.2023, the Divisional Forest Officer, Nachan Forest Division, Gohar, Himachal Pradesh submitted that funds to the tune of Rs. 481000/- have been deposited by Executive Engineer Himachal Pradesh Public Works Division Thalout into Government accounts of Divisional Forest Officer Nachan for compensatory afforestation as per approved CA Plan. Compensatory Afforestation area has been identified in the vicinity of newly constructed road in Demarcated Protected Forest Rangacha over an area of 2 hectare. It was further submitted that Compensatory Afforestation will be carried out by the Forest Department during ensuing plantation season and compliance will be reported to this Tribunal.

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19. However, no such compliance report has been filed before this Tribunal so far.

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20. In view of the above present Original Application is disposed of with the direction to the Divisional Forest Officer, Nachan Forest Division, Gohar, Himachal Pradesh to ensure that Compensatory Afforestation is carried out by the Forest Department during ensuing monsoon season and to file Action Taken Report within three months.

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22. Any person having any grievance may approach this Tribunal by way of appropriate proceedings for further directions in the matter.

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23. A copy of this order be forwarded by email to Divisional Forest Officer, Nachan Forest Division, Gohar, Himachal Pradesh for requisite compliance.”

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In compliance thereof report dated 21.08.2024 was filed by the Divisional Forest Officer, Nachan Forest Division, Gohar, Himachal Pradesh vide email dated 21.08.2024. The relevant part of the report is reproduced below:-

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“ Compliance of Action Taken Report by way of Affidavit in Original Application no. 505/2022 case title "Devendra Kumar & Anr. verses State of H.P. and others on behalf

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of Respondent no.1 to 4 with regard to Hon'ble National Green Tribunal Judgement dated 28.05.2024.

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X X X X

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1. That in the case of "Devendra Kumar & Anrs verses State of Himachal Pradesh and Others" in Original Application no.505/2022 wherein the Hon'ble National Green Tribunal was pleased to dispose of the matter with direction in para 20 and para 21 vide Judgement dated 28.05.2024, as follows:-

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"20. In view of the above present Original Application is disposed of with the direction to the Divisional Forest Officer, Nachan Forest Division, Gohar, Himachal Pradesh to ensure that Compensatory Afforestation is carried out by the Forest Department during ensuing monsoon season and to file Action Taken Report within three months.

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21. Action Taken Report be filed by Divisional Forest Officer, Nachan Forest Division, Gohar, Himachal Pradesh within three months before the learned Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before the Bench for further directions". 2. That in Compliance to the Hon'ble National Green Tribunal. judgment dated 28.05.2024 and as per approved Compensatory Afforestation Plan funds to the tune of Rs. 4,81,000/- deposited by Executive Engineer Himachal Pradesh Public Works Division Thalout into Government accounts of Divisional Forest Officer Nachan for Compensatory afforestation as approved by CA Plan has been utilized in the identified vicinity of newly constructed road in Demarcated Protected Forest Rangacha over an area of 2 hectare by fencing it and planting 1000 tall plants of conifer species. The photographs of the same are enclosed herewith(Annexure R-I/1 to RI/5 for kind perusal of this Hon'ble Tribunal.

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X X X X”

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Since the photographs attached with the report did not clearly indicate such compensatory afforestation and geo-coordinates were not mentioned, the matter was listed before this Bench for further directions.

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Vide order dated 17.12.2024, DFO, Nachan, Forest Division, Gohar, Mandi, H.P. was directed to file detailed compliance report.

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In compliance to order dated 17.12.2024, report dated 29.01.2025 has been filed by DFO, Nachan, Forest Division, Gohar, Mandi, H.P. The relevant part of the report reads as under:-

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“1. That in Compliance to the Hon'ble National Green Tribunal judgment dated 28.05.2024 funds to the tune of Rs. 4,81,000/were deposited by Executive Engineer Himachal Pradesh Public Works Division Thalout into Government accounts of Divisional Forest Officer Nachan for carrying out Compensatory afforestation as per approved CA Plan. Out of above funds to the tune of Rs. 401760/- has been utilized for plantation in Demarcated Protected Forest Rangacha (Geo Co-ordinates of this area are N-31.6001085 E-77.256792 Elevation-2630 Meter) over an area of 2 hectare by fencing it and planting 1000 tall plants of conifer species. Balance funds to the tune of Rs. 79240/- have been kept for the maintenance of plantation area upto 3 years.

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2. That in Compliance to the Hon'ble National Green Tribunal judgment dated 17.12.2024 the photographs along with geocoordinates of Compensatory Afforestation Plantation carried out in Demarcated Protected Forest Rangacha over an area of 2 hectare by fencing it and planting 1000 tall plants of conifer species during current monsoon season have been taken on spot and are enclosed herewith (Annexure R-1/1 to R-1/6 for kind perusal of this Hon'ble Tribunal.”

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In report dated 29.01.2025, the requisite details regarding the geo coordinates of the area, the details of the trees planted, amount spent on plantation and amount reserved for maintenance have been given.

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In view therefore, no further action is required to be taken on the present M.A. which is disposed of accordingly.

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Arun Kumar Tyagi, JM

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Dr. Afroz Ahmad, EM

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March 07^th , 2025 M.A in Disposed of Cases No. 144/2024 In Original Application No. 505/2022 AB

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Misc Application in disposed of cases No. 144/2024 in Original Application No. 505/2022 of Devendra Kumar vs

Case brief

What is this about?

What did the court decide?

Misc Application in disposed of cases No. 144/2024 in Original Application No. 505/2022 of Devendra Kumar vs

Case brief

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What did the court decide?

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