Tribunal enforce accountability for illegal tree cutting, requiring compensation and extensive reforestation efforts by violators.

ORDER

1. The matter has been taken up in the light of captioned media report to the effect that solar plant proposed at Badi Sid region, Tehsil Phalodi, Jodhpur District, Rajasthan will result in illegal chopping of thousands of trees without adequate afforestation measures and requisite clearance taken from the Forest Department.

2. Vide order dated 18.07.2022, the Tribunal sought a factual and action taken report from a joint Committee of District Magistrate, Jodhpur, Rajasthan State PCB and PCCF (HoFF), Rajasthan. Accordingly, report dated 11.10.2022 has been filed by the State PCB acknowledging chopping down of 250 trees and stating that penalty can be imposed at the rate of Rs. 100 per tree as per provision Rajasthan Tenancy Act , 1955. Relevant extracts from the report are as follows:- (cid:147)OBSERVATIONS DURING THE VISIT  The above alleged site belongs to M/s AMP Energy Green Four Pvt. Ltd for the purpose of establishment of photo-voltaic(PV) based solar power plant.

 About 3200 bigha land has been taken on lease by the unit. The land has been taken by M/s AMP Energy Green Four Pvt. Ltd has been taken on lease from individual khatedaars.

 The details of lease holders as provided by Patwari, Baap is enclosed as Annexure-II. As per the available records, the land was not converted for industrial purpose/ establishment of solar power plant. As per norms, land conversion is not required for the establishment of Green/White category of industries.

 The alleged site was inspected in the presence of Sh. Jeetender Meena, Patwari-Tehsil- Baap.

 The latitude and longitude of the unit are:- 27.50733034N and 72.4319233E.

 The photographs taken during the visit are enclosed at Annexure-III.

 During inspection, no work was going on at the site. Boundary wall was found across all the sides of the proposed site.

 During inspection, no representative of M/s AMP Energy Green Four Pvt. Ltd was present on site.

 No khejri trees were observed on site.

 As per the report provided by the office of the Tehsildaar, about

250 nos of Khejri trees were chopped down, without permission from any competent authorities. The chopped trees were then buried inside the same land premises.

 As Khejri(Scientific Name- Prosopis Cineraria) is the State tree of Rajasthan, hence sentiments of the nearby villagers got hurt upon its chopping and agitation aroused.

 As per the report dated 13/06/2022 of Tehsildaar Baap, the site was inspected by the Tehsildaar and Patwari Baap on 13/06/2022 and the chopped down Khejri trees buried inside the plant premises were confiscated by them in the presence of then complainant- Sh. Kuldeep Vishnoi and other villagers and then handed over to the Village Development Officer, Gram Panchayat- Badi Seed. The copy of the report is enclosed as Annexure-IV.

 The confiscated 250 nos of Khejri trees have been handed over to the Police Department on 21/09/2022. Copy of the team constituted for handing over to Police Department is enclosed as Annexure-V.

 As per the report at Annexure-IV, the individual khatedars as per Annexure-II were found guilty under section 83 and 84 of the Rajasthan Tenancy Act , 1955 and action against them has been proposed/ initiated. The matter is pending at SDM Court, Baap.

 As per the Rajasthan Tenancy Act , 1955, there is a provision of penalty imposition of upto Rs.100/- per tree cutting upon the culprits for illegal cutting of trees for first offence. And upon second offence, the penalty provision may be increased upto Rs.200/- per tree cutting.

COMPLIANCE OF OTHER STATUTORY REGULATIONS  As per the Office Memorandum of Ministry of Environment, Forest and Climate Change (MoEF&CC), New Delhi dated 30/06/2011, solar power plants were exempted from the ambit of Environmental Impact Assessment Notification dated 14/09/2006. F