playgrounds, open areas and city forests in UP Bijnor, undermining the very purpose for which they were reserved and developed. There are two Mango baghs having 180 trees/Garden/Park, at Bijnor, Mandawar Road, having area of about 1.587 hectare in Bijnor, in Khasra No.2119, 2120, 2121, 2122, 2123, 2124, 2125, 2126, 2127, 2128 and Rakba are 0.0890, 1.1520, 0.1140, 0.2910, 0.2210, 0.1260, 0.1170. 0.2020, 0.1010, 0.1140 hectare, respectively U.P. and second bagh/Garden/Park at Mandawar Chandak Road, Bijnor, having area of about 2.3420 hectare in Bijnor, in Khasra No. 1083, 1084, 1089, 1090, 1093, 1094 and Rakba are 0.7970, 0.1260, 0.3410, 0.2280, 0.6860, 0.1640 hectare, respectively U.P. both the Mango baghs/Garden/Park are having approximately 180 trees. The respondent No. 8 to 10 had already cut down approximately 30 trees and trying to cutting other trees also after using some Acid. This fact admitted by the Respondent No. 7 in his Affidavit dated 07.08.2024 in Para 6. In exercise of the powers under Section 21 and 23 of the Uttar Pradesh Protections of Trees Act, 1976 (U.P Act no. 45 of 1976) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act No. 4 of 1904) and in supersession of the Government Notification No.2270/XIV-5-2017-07-93, dated October 31, 2017, the Governor is pleased to prohibit felling of the following trees species: (1) Aam (Desi/Tukmi), (II) Neem, etc. on Individual cultivated and un-cultivated holding. The said are Prohibited Tree Species shall not be felled till dated 31.12.2025 except under unavoidable circumstances such as tree is dead or dying or it constitutes danger to person or property or its felling is necessary for executing a development work approved by the Government or after attaining exploitable diameter or if the fruit bearing capacity of such tree has declined substantially and permission to fell such tree has been obtained in writing from the competent authority. In the year 2020, in compliance with the instructions dated 01-01-2020 issued by the Ministry of Environment, Forest and Climate Change, Government of India and Section 21 and 23 of the Uttar Pradesh Tree Protection Act 1976, Mango, Neem, Sal, Mahua, Visasal, Peepal etc. tree species has been banned. The State of Uttar Pradesh issues a Government Order, in pursuance of the directions passed by this Hon'ble Tribunal in Ο.Α. Νο. 165/2013 and E.A. No. 34/2017, Akash Vashishtha Vs. Union of India & Ors., expressly prohibiting construction of any kind of structure, including boundary wall, footpath, fountains, public conveniences, etc. in excess of 5% of the total area of a park. The offences had already been committed by the Respondent Nos. 8 to 10 and the same cannot be condoned in accordance with law. The penalty imposed by the Official Respondent UPPCB, wherein they only calculated penalty qua 79 trees while the Respondents cut 180 trees in actuality (Photographs attached with the Applications filed by the Applicant). Therefore, the calculation should go as per para 7 of the Additional Affidavit filed by Respondent No. 11 dated 30.04.2025. As per the formula per tree the environmental compensation was Rs.4,57,483.90/- and the total trees were 180 (Kindly see page 482 of Affidavit of 30.04.2025 of Respondent No. 11, UPPCB). Thus, the total penalty comes 180
