ORDER

1. Case called out. No one is present on behalf of the Applicant. The order-sheets of the Delhi Bench of the National Green Tribunal of 07.09.2022, 21.12.2022 and 15.02.2023 also show that the Applicant, Bharat Prakash Rai, has not appeared before the New Delhi Bench of the National Green Tribunal.

2. Cognizance of this case was taken-up by the New Delhi Bench of the National Green Tribunal and registered as Original Application No.576/2022/PB on the basis of a letter petition sent by the Applicant, Bharat Prakash Rai, alleging mass tree felling in Saureni Tea Garden situated at a distance about 47 kilometers from Darjeeling District Headquarter. Question was as to how 515 green trees could be felled on the permission of the District Magistrate, Darjeeling.

3. It is also alleged that about 400 trees (conifer) have been chopped down from 17.04.2022-21.04.2022 at Saureni Bhanjang within the Tea Garden.

4. Thereafter the case has been transferred to the Eastern Bench of the Tribunal, Kolkata, and re-numbered as Original Application No.127/2023/EZ.

5. The District Magistrate, Darjeeling, Respondent No.4, has filed affidavit dated 09.02.2023 stating therein that in a meeting convened by the District Magistrate, Darjeeling, also attended by the Divisional Forest Officer, Kurseong, the Divisional Forest Officer submitted his recommendations on point nos.1&2 which are as under:-

(i) No further cutting of trees on the sloping area at plot no. 769 at Bhanjang may take place and re-plantation and stabilization of the area may be done within specific time frame by the tea garden.

(ii) It was suggested by the ACCPF that indigenous species of trees duly prescribed by the Forest authorities shall be planted at the same plots where the dhupi trees were felled in a ratio of 1:5 or 1:2 at the cost of the project proponent.

6. The Divisional Forest Officer suggested that in order to control soil erosion and stabilize landslides, land slip as well as to facilitate restoration of ecology and habitat in the hill slopes and high slope gradient area, no trees shall be cut further in Plot No.769. Permission for felling only shade trees in plot Nos. 1773, 1774 and 1775 near Manju Park may be granted through District Magistrate, Darjeeling, if found satisfactory after re-evaluating the existing field situation.

7. It was also suggested by the Divisional Forest Officer that the Tea Management shall plant saplings of indigenous tree species as prescribed by the Forest Department at the ratio of 1:2 and spacing of 2m X 2m at their own expense in the same plot where ‘Dhupi’ trees were felled. The plantation of the indigenous tree species may be taken up at the onset of monsoon and completed within a period of one month preferably by June, 2023. The planted saplings should be maintained for a period of five years by the Tea Garden Management on their own expense under the supervision of the District Administration.

8. It is further stated in the affidavit that the Additional District Magistrate and District Land and Land Reforms Officer, Darjeeling, had submitted an Action Taken Report on Sourenee Tea Garden felling with regard to the letter of the District Magistrate and Collector dated 06.12.2022. In the Action Taken Report, inter-alia, following aspects have been stated which read as under:-

“a) On 23.09.2019 vide letter no. STG/2019-20/103, the Welfare Officer, Sourenee Tea Estate submitted an application to the District Magistrate & Collector Darjeeling seeking permission for felling 515 number of shade trees in the retained area of their tea garden. It was stated in that application that the proceeds from the felled trees would be used for commercial purpose to meet the expenditure towards labour welfare projects.

b) That the felling of shade trees is a routine practice in the tea gardens while uprooting tea bushes for new plantation and the application has been made as per provision of Section 6(3) of the West Bengal Trees (Protection and Conservation in