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2019 Supreme(SC) 1192

L.NAGESWARA RAO, HEMANT GUPTA
Chandra Prakash Budakoti – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellant(s) :P.S. Patwalia, Anitha Shenoy, Srishti Agnihotri, Kanika Sood, Sanjana Grace Thomas, Saurabh Sharma, Akshay Chadha, Harshika Verma, Advocates
For the Respondent(s):C.A. Sundaram, R. Jawahar Lal, Siddharth Bawa, Shyamal Anand, Mayank Kshirsagar, Balaji Srinivasan, Rohini Musa, Zaffar Inayat, Abhishek Gupta, Jatinder Kumar Bhatia, Ashutosh Kumar Sharma, R. Venkataramani, Rakesh Mishra, Yashraj Singh Bundela, Praveen Vignesh, Dhruv Mehta, Nawneet Vibhaw, Sanjeev K. Kapoor, M/S. Khaitan & Co., Advocates

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 fe

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