Disposed

News Item Titled "77 Cases of Illegal Felling of Conifer Trees Reported in J & K,S Doda" Appearing in the Daily Excelsior Dated 27.11.2024. vs

NGT9 Apr 2025Original Application No. 1369/2024

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an Original Application based on news reports of illegal tree felling in Doda, J&K. The court noted actions taken by authorities but directed mandatory compensatory plantation by violators or the Forest Department if violators are untraceable, alongside strict monitoring.

What did the court decide?

Directions for stringent monitoring and mandatory compensatory plantation of 10 times the illegally felled trees by violators or Forest Department if untraceable.

News Item Titled "77 Cases of Illegal Felling of Conifer… — Environment and Pollution | NGT (2025)

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Item No. 30

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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. 1369/2024

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News Item titled "77 Cases of Illegal Felling of Conifer Trees Reported in J&K’s Doda" appearing in the Daily Excelsior dated 27.11.2024

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Date of hearing: 09.04.2025 Date of uploading: 22.05.2025

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

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Respondents: Mr. G.M. Kawoosa, Adv. with Mr. Suresh Kumar Gupta, PCCF, J&K (Through VC)

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ORDER

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This Original Application (OA) was registered suo motu on the basis of the news item titled “77 Cases of illegal felling of Conifer Trees

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reported in J&K's Doda” appearing in the Daily Excelsior dated 27.11.2024. The news item had disclosed that more than 100 Conifer trees were found illegally axed in forest areas of J&K's Doda district. The news item reveals that there was a large-scale felling of trees at Tanta, which is notorious for smuggling. It also mentions the probable nexus between the forest officials and smugglers. It records the opinion of the locals and environmentalists that the lack of stern action against the smugglers and erring officials is the main reason for such a loot of forest wealth.

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The Tribunal while taking up the matter suo motu on 13.12.2024 had impleaded the concerned parties and had issued notices to them.

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The detailed affidavit dated 07.04.2025 has been filed on behalf of the Deputy Commissioner/District Magistrate, Doda-Respondent No. 3.

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The said affidavit discloses the factual position concerning felling of the trees as under:-

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“ xxx xxx xxx

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4. That after detailed verification, it has been submitted by the forest Department that the cases reported in the news article belong to separate incidents which are not related to each other. Further it has come to the fore that total 77 cases of illegal felling from May 2024 to November 2024 were reported in Forest Compartment no. 3,5, & 6 of Jai 1st Block, Chiralla range of Bhaderwah Forest Division wherein illicit felling of trees of Fir, Spruce and deodar species have been reported. Accordingly, all 77 cases were formally registered under section 26 of the Indian Forest Act, 1927. Detailed data of the cases is being submitted as under:

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*S. No.*	*Compartment* *Name/ No.*	*No. of cases* *Registered*	*No. of trees* *Damages*
1	Jai-03	23	46
2	Jai-05	24	32
3	Jai-06	30	55
	*Total*	77	*133*

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The affidavit discloses the factors responsible for illegal felling of trees, such as topographical/security challenges, severe weather conditions, etc. In the affidavit, the details of the action taken are disclosed as follows: -

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“ xxx xxx xxx

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6. That in spite of the aforementioned challenges/issues, the Forest Department and District Administration have implemented decisive measures to combat fresh illicit tree felling in the affected area, including strict legal actions against offenders under the IFA 1927 and PSA, enhanced surveillance through additional Forest Department and Forest Protection Force personnel, requests for further reinforcements, comprehensive eco-restoration proposals, disciplinary action against officials etc. Details of the actions taken in view of cases of illegal felling reported and abovementioned challenges are as under:-

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i) That in all 77 reported cases of the illegal felling the forest department along with the District Administration has taken due cognizance under law, which is submitted as under:

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a) Cases in which legal proceeding against the culprits under section 26 of the Indian Forest act 1927 initiated = 35 nos.

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b) No. of cases compounded = 5 nos.

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c) No. of cases forwarded to revenue authorities for action under Jammu & Kashmir Preservation of Specified Trees act = 2 nos. (Pertained to timber seizure and a green tree on revenue land)

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d) No. of cases forwarded to the authorized officer for confiscation under section 52 of the Indian Forest Act = 35 nos.

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The Forest Department has expedited legal proceedings against the culprits under section 26 of the aforementioned act and submitted the cases in the court of law while the confiscation proceedings under section 52 of the act are underway.

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ii) Constitution of Joint Enquiry Committee -An independent four-member joint enquiry team headed by Assistant Director, Forest Protection Force has been constituted by Conservator Forests, Chenab vide order no. 31 of 2024-25 dated 03.12.2024, and letter no. CFC/Estt. 2024-25/9008-09 dated 12.12.2024 to investigate matters in Compartment no. 03, 05 & 06 of Jai 1st block. The joint team has submitted interim report vide letter no. 152/SC dated 29.03.2025.

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In its enquiry report, it has been reported that the team has inspected compartment 3, 5 and 6 of Jai 1st block and found that the cases against all the reported 133 damaged trees have been registered under Indian Forest act and J & K reservation of Specified Trees Act, 1969 with legal proceedings already initiated as in preceding paras. The report also highlighted protection challenges in Jai 1st block attributed to geographic isolation, rugged terrain, constrained patrolling due to recent security threats, and inadequate road connectivity.

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iii) Cognizance under Public Safety Act : An activity has been carried out by the forest department to identify repeated offenders and accordingly submitted dossiers against 02 habitual offenders to the deponent / answering respondent for booking them under stringent Public Safety Act. Accordingly, the deponent has booked the two habitual offenders under Public Safety Act and necessary action has been initiated against the culprits under law. Copy of the Detention Orders passed by the answering respondent and subsequent approval orders passed by the Home Department are enclosed and marked as Annexure- I.

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*Ban on use of mechanical cutt*	*ers:*Based on	the
recommendations of the Forest	Department,	the
deponent/answering respondent	vide order	no.
16139/DM/Doda has imposed a strict	ban on the illegal	use

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and possession of mechanical cutters under Section 163 of BNSS. A copy of the order is enclosed and marked as Annexure-II.

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v) Establishment of Joint patrolling team - A joint patrolling team comprising of Forest employees and Forest Protection Force personnel has been deployed in Tanta village for regular patrolling and monitoring of illicit felling activities. Despite security threats the team is monitoring the incidents of illicit felling on daily basis.

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vi) Seeking timely police help due to security issues- Due to heightened security concerns and ongoing counter-insurgency operations as outlined previously, staff mobility is significantly restricted in the Forest area. Forest personals have been strictly advised not to enter forests without proper security protocol. The challenges are compounded by the remote location, situated deep within forests at elevations exceeding 2,500 meters, making it impractical for frontline staff to arrange daily security assistance. While the forest department has requested support from law enforcement in various instances, comprehensive assistance has been constrained due to the complex security environment in the region.

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vii) Establishment of temporary firewood depot - To cater to the firewood demand of the villagers, a temporary firewood depot has been established in Tanta village, thereby reducing dependency on illicit felling. A copy of the order regarding establishment of temporary firewood depot is enclosed as Annexure-III.

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viii) Disciplinary Actions: Forest Department has initiated stringent disciplinary actions against officials for failing in their duties to protect the forests in the matter. Specifically, the Block Officer and Beat Guards have been placed under suspension and further disciplinary action is being initiated against them.

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Further, to ensure an impartial and fair enquiry, the incumbent Divisional Forest officer and Range officer concerned have been transferred out and replaced by new officers. ”

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The above disclosure clearly reveals that the concerned authorities

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have initiated action. The offence has been registered relating to the illegal felling of the trees. The joint Inquiry Committee has been constituted which has submitted the report disclosing the action taken

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against the reported 133 trees. A ban on use of mechanical cutters has been imposed. Security and disciplinary action have been taken.

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Considering the report of the Respondent no. 3, as quoted above, we are of the view that though the action has been taken by the concerned authorities in respect of felling of the trees already reported but stringent regular monitoring is required and all the preventive and remedial measures are required to be taken whenever the illegal felling of trees is noticed. The violators should be required to carry out compensatory plantation of at least 10 times of illegal felling of trees noticed, and in case if the violators are not traceable, the Forest Department should do the compensatory plantation. The forest officials and the local Administration should ensure that no illegal felling of tree takes place.

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Hence, we dispose of the OA with the above directions.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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May 22, 2025 Original Application No. 1369/2024 Avt..

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News Item Titled "77 Cases of Illegal Felling of Conifer Trees Reported in J & K,S Doda" Appearing in the Daily Excelsior Dated 27.11.2024. vs

Case brief

What is this about?

What did the court decide?

News Item Titled "77 Cases of Illegal Felling of Conifer Trees Reported in J & K,S Doda" Appearing in the Daily Excelsior Dated 27.11.2024. vs

Case brief

What is this about?

What did the court decide?

What the court decided

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