Reserve Forests require prior Central Govt permission for non-forestry activities; encroachments must be removed and areas restored.

ORDER

1. Taking suo-moto cognizance on a letter petition received on 13.02.2024 from Ajit Kumar Gupta, Tribunal has registered this Original Application (hereinafter referred to as ‘O.A’) under Section 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’).

2. Complainant has stated that Dongia water body, Pipri, Sonebhadra is part of ‘Reserve Forest’ and a dense forest wherein lives several wild animals, including crocodiles. In the said Reserve Forest area, Digvijay Pratap Singh, Chairman, Nagar Panchayat, Pipri, in collusion with some others, has illegally cut trees and encroached on certain land of Reserve Forest and raised construction of a Gaushala. He has also killed certain wild animals like deer and peacock. Photographs of dead animals have been appended to complaint.

3. Tribunal took cognizance of the matter on 10.05.2024. Being satisfied that prima facie a substantial question relating to environment has arisen out of implementation of enactments specified in schedule 1 to NGT Act, 2010, following were impleaded as respondents:

(1) State of Uttar Pradesh through Chief Secretary, Government of Uttar Pradesh,

(2) Principal Secretary, Irrigation and Water Resources Development Department, Government of Uttar Pradesh, 

(3) Principal Secretary, Department of Environment, Forest and Climate Change, Government of Uttar Pradesh, 

(4) Divisional Forest Officer, Sonbhadra,

(5) Uttar Pradesh State Pollution Control Board,

(6) District Magistrate, Sonbhadra

4. Notices were issued to the respondents requiring them to file their responses.

5. To obtain a factual report, Tribunal constituted a Joint Committee comprising Principal Secretary, Irrigation and Water Resources Development Department, Government of Uttar Pradesh; Principal Secretary, Department of Environment, Forest and Climate Change, Government of Uttar Pradesh; Member Secretary, Uttar Pradesh Pollution Control Board and District Magistrate, Sonbhadra.

6. Joint Committee was required to submit factual report within two months.

7. Pursuant to order dated 10.05.2024, Joint Committee report has been filed by Regional Officer, U.P Pollution Control Board, Sonebhadra vide its letter dated16.08.2024. Report shows that field visit was conducted by committee members on 01.08.2024. Observations, conclusions and recommendations made by the committee have been summarized in the report as under:-

“5. The salient observations found during visit and recommendation made by the joint committee members are summarized as follows: -

I. Field Observations:

a) There was no ongoing boating activity was observed by the team on the ‘Dongia Reservoir’.

b) There was no construction of restaurant found by the team at the ‘Dongia Reservoir’.

c) There was no found any direct evidence of tree cutting near bank of ‘Dongia Reservoir’ during spot visit.

d) During the visit it was observed that earlier efforts were made to widen the road but at the time of visit, work found to be closed. Divisional Forest officer informed that legal action was taken against persons involved in road widening work after that work was stopped.

e) The structure of old cow shed was found situated approximate 500 meter away from bank of ‘Dongia Reservoir ‘in notified area of Nagar Panchyat Pipri- Sonbhadra.

f) There was no found animal dead body during ground inspection. However, Divisional Forest Officer ‘DFO’ Renukoot, Sonbhadra informed that the dead body of wild animal within forest area found in past and disposed af