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2024 Supreme(Online)(NGT) 1667
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Mr. Sheo Kumar Singh, J, Dr. Afroz Ahmad, ACJ
Raju Ram Vishnoi – Appellant
Versus
State of Rajasthan – Respondent
Original Application No.163/2024(CZ) | I.A.No.64/2024
For the Applicant(s): Mr. Manas Khatri, Adv.
For the Respondents: Mr. Hemant Balani, Adv., Mr. Anil Kumar Makhija, Adv., Mr. Mohit Seth, Adv., Mr. Rohit Sharma, Adv., Ms. Arya Gupta, Adv. on behalf of Mr. Rajat Dave, Adv.
The court mandated that cutting down trees for development requires compensatory afforestation at ten times the number of trees cut, highlighting the balance between environmental conservation and infrastructural advancement.
Headnote:(A) Rajasthan Tenancy Act, 1955 - Section 84 - Rajasthan Land Revenue (Control and Management of Forest Growth) Rules, 1960 - Environmental Impact - The project by M/s Hasti Petro Chemical & Shipping Ltd for establishing a multi-logistics park led to cutting of trees despite the Khejari being declared a State Tree. The tribunal insisted on afforestation at ten times the number of trees cut due to environmental concerns. (Paras 1, 10, 23)
(B) Environmental Regulations - Compliance and Reporting - The project highlighted procedural compliance with permissions obtained for tree removal. Authorities imposed an obligation to plant double the number of segregated trees, with robust strategies for afforestation and monitoring of planted trees. (Paras 4, 5, 24)
Facts of the case:
The project faced opposition for the removal of trees necessary for railway terminal construction, which raised environmental issues under the Rajasthan Tenancy Act. A public interest litigation highlighted the need for sustainable practices.
Findings of Court:
The respondents were directed to ensure afforestation tenfold as compensation for the removal of trees, coupled with strict monitoring of tree survival.
Issues: The core issue was balancing infrastructural development with environmental preservation and adherence to statutory requirements regarding tree cutting.
Ratio Decidendi: The tribunal emphasized the necessity of extensive afforestation and ensuring compliance with the statutory provisions outlined in environmental regulations, emphasizing their crucial role in development projects.
Result: Application disposed of with directions for compliance with afforestation norms.
| Table of Content |
|---|
| 1. need for comprehensive afforestation regulations in development projects. (Para 1 , 2 , 3) |
| 2. compliance with legal requirements for tree removal and planting. (Para 5 , 6) |
| 3. afforestation obligations must exceed deforestation to ensure environmental sustainability. (Para 10 , 11 , 23) |
| 4. final ruling emphasizes balancing infrastructure and ecological considerations. (Para 24 , 25 , 26) |
ORDER
1. The contention of the Applicant is that the Govt. of Rajasthan has declared the Khejari as a State Tree in the year 1982 and 1983 and in order to regulate the forest growth, its supervision and control, the State Government has laid down a policy by way of rules of 1960.
2. 2. In spite of all these, the Land Acquisition Officer, Loni Jodhpur, vide order impugned as Annexure A-1, A-2 and A-3, indirectly exercised the power of the forest officials and permitted for removal of the trees which is against the environmental rules.
3. The matter was taken up by this Tribunal and a committee was constituted with direction to submit the factual and action taken report, 4. In compliance of the order members of the committee visited the site and submitted the report as follows :
“The above alleged site belongs to M/s Hasti Petro Chemical & Shipping Ltd for establishment of multi-logistic park sanctioned under the PM Gati Shakti scheme.1 O.A. No. 163/2024(CZ) Raju Ram Vishnoi vs State of Rajasthan & Ors
The alleged site was inspected in the presence of Sh.Arvind Surana, CFO and Sh. Amit Jain, Terminal Manager of M/s Hasti Petro Chemical & Shipping Ltd.
During inspection, it was observed that the work of “Passenger Freight Terminal” was going on. Three parallel railway lines were found laid down.
During inspection, the representative of the industry, presented the permissions which were obtained before cutting down off the trees, which stood in the path of laying down off railway lines.
SDO, Luni vide letter dated 29.05.2024 gave the permission for cutting of 251 no of trees. Out of the 251 trees, 155 no trees were of Khejri, 55 of Rohida, 08 of Neem, 03 of Jhaal, and rest 02 of brambles and bushes As per the available records of the Forest department , the land involved in the said project does not involve forest land, hence the permission for tree cutting has to be obtained from the concerning Sub- Divisional Officer in compliance of Rajasthan Tenancy Act , 1955.
It was intimated by the industry’s representative that a similar matter is pending in the Hon’ble High Court, Jodhpur with D.B Civil Writ Petition no- 8465/2024, Khem Singh v/s State of Rajasthan .
As per the order dated 30.05.2024 of the Hon’ble High Court in the above referred D.B Civil Writ Petition no- 8465/2024, it was directed to M/s Hasti Petro Chemical & Shipping Ltd to ensure afforestation to the extent of ten times more than the permitted deforestation
As per the representative of the industry, in compliance of the orders of the Hon’ble High Court, they had planted about 1846 plants till date, with geo-tagging at the places instructed by SDO, Luni and revenue authorities The industry under reference has also submitted an affidavit wherein they have assured that 1000 trees of khejri trees shall also be planted in and around the premises.
COMPLIANCE OF OTHER STATUTORY REGULATIONS
As per the available records of the State Pollution Control Board, Jodhpur, the industry under reference has obtained permission for establishment of “Railway Good Shed “under orange category RECOMMENDATIONS During the site visit carried out by the Joint team, work of laying down off the railway siding was going on. The committee recommends the following: -
2 O.A. No. 163/2024(CZ) Raju Ram Vishnoi vs State of Rajasthan & Ors
a) It is proposed that the no of plants/ trees deforested should be afforested ten times. Also, native species should be promoted.
b) Instead of cutting of trees, process of translocation of trees may be promoted for green field projects and other activities.
5.
