IMPORTANT POINT
No construction activity without obtaining prior permission of MoEF should be allowed even in private forest.

JUDGMENT

L. NAGESWARA RAO, J.

1. This appeal is directed against the judgment dated 05.04.2019 passed by the National Green Tribunal, Principal Bench, New Delhi (hereinafter, ‘the Tribunal’) in Original Application No.626 of 2016.

2. The Appellant who is a Journalist and Editor of Jan Lok Kesari which is a Hindi Newspaper having circulation in Uttarakhand, filed the application in public interest as he was concerned about the environmental damage caused by Respondent No.4 to 8. He alleged in the O.A. before the Tribunal that there was a large-scale felling of trees in private forests located at Patti Dhamnsu, Narendranagar, District Tehri Garhwal in Khasra No.512 and 514. The Appellant also complained of blasting activities being resorted to by Respondent No.4 to 8 in the fragile Himalayan region. The Appellant averred in the O.A. that no action was taken by the District authorities to whom he complained about the violation of the Forest (Conservation) Act, 1980 (hereinafter, ‘the Act’). He also referred to Khasra No.605 in which there were fully grown trees which were being felled. On the basis of the above allegations, the Appellant sought a direction to the State of Uttarakhand and the Principal Chief Conservator of Forests, Uttarakhand to stop the tree felling and usage of forest land for non-forest purposes in Khasra No.512, 514 and 605 in Narendranagar District, Tehri Garwal. He further sought a direction to Respondent No.4 to 8 therein to stop construction. Later, the Appellant impleaded Respondents 7 to 9 in the O.A. The Tribunal on an application dated 11.04.2017 directed an inspection to be done by the Forest Survey of India. The said inspection was done on 01.05.2017 and a report was filed in the Tribunal which showed progressive degradation of forest cover in Khasra No.605.

3. The State of Uttarakhand filed a counter affidavit before the Tribunal in which it was stated that a Hotel/Villa is being constructed by the Mahananda Spa and Resorts Private Limited, since 2010-2011 in Khasra No.512, 513 and 605. According to the State Government, the land falling in Khasra No.512, 513 and 605 is neither a reserved forest nor a forest in the record of the Forest Department. It was further stated in the said counter affidavit that Khasra No.512 and 513 were recorded as private forests in the revenue record and Khasra No.605 as barren (banjar) land. The State Government further submitted that the project proponent was directed to stop construction in view of the complaints made by the residents of Kumar Khera and Daur to Sub-District Collector, Narendranagar. As certain trees were found to be damaged during the construction, a fine was imposed under Section 4/10 of the U.P. Protection of Trees in Rural and Hills Areas Act, 1976.

4. By an order dated 19.12.2018, the Tribunal directed the Regional office of the Ministry of Environment & Forest at Dehradun to visit the site and submit a status report. A Committee comprising Ms. Komal Preet, Conservator of Forest and Dr. S.C. Katiyar, Scientist E inspected the site on 05.01.2019. During the inspection, the Range Officer Narendranagar forest division and Kanungo from the office of Sub Divisional Magistrate, Narendranagar were also present. The said inspection report dated 17.01.2019 filed before the Tribunal in which the following observations were made:

Observation during site visit:

1. Status of Khasra No.512, 513 and 605 in revenue records and as per site inspection:

Sl. No.	Khasr a No.	Ownership as per revenue records	Status of construction	Vegetation cover
01	512	Private land	Villas constructed	Sparse
02	513	Private land	Villas constructed	Sparse
03	605	Private land	Partly under villas already constructed and partly under Westin Resort under construction	Sparse

2. As per the revenue records, the ownership of Khasra No.512