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2020 Supreme(Online)(NGT) 89
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CJ, HON’BLE MR. JUSTICE S. P. WANGDI, J, HON’BLE DR. NAGIN NANDA, EM
Mr. Rajiv Dutta – Appellant
Versus
Union of India & Ors – Respondent
M.A. No. 24/2020 In Original Application No. 60/2018
For the Appellants/Petitioners: Mr. Rajiv Datta
For the Respondents: Mr. K.K. Singh
The responsibility for forest fire prevention primarily lies with the State Governments, supported by national action plans and monitoring systems.
Headnote:The grievance regarding inadequate measures for forest fire prevention was addressed in the judgment, referencing previous tribunal orders and the status report by the Ministry of Environment, Forest and Climate Change. The Court noted the ongoing monitoring systems like FAST 3.0 and the National Action Plan on Forest Fire implementation efforts. The court further observed the responsibilities of State Governments in forest fire management, concluding that the application is hereby disposed of with no further orders.
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| 1. forest management responsibility lies with the states. (Para 1 , 2) |
ORDER
1. Grievance in this application is that adequate steps are not being taken to prevent forest fires. Reference has been made to the orders of this Tribunal dated 03.08.2017 in O.A. No. 216/2016 and 28.05.2019 in O. A. No. 60/2018, Mr. Rajiv Dutta V. Union of India & Ors. Reference has also been made to letter dated 26.11.2019 from Shri K.R Meena, Technical Officer and CPIO (FPD) from MoEF&CC that a meeting of the Committee constituted by this Tribunal was held. Further letter dated 05.12.2019 from Shri H.K Meena, Assistant Inspector General of Forests and CPIO (FPD) from MoEF&CC is that 20 States have given information and amounts have been released in their favour. The State of Rajasthan has not furnished its action plan. On 27.02.2020, learned Counsel for the MoEF&CC appeared and sought time to file a status report.
2. Accordingly, status report has been filed on 31.07.2020 inter-alia as follows:
“5. That, Forest Survey of India (FSI), Dehradun an organization under the MoEFCC, has been monitoring Forest Fire scenario in the country since 2004 and had a well-functioning nation-wide satellite-based fire detection system. Forest Fire Alert System version 3.0 (FAST 3.0), launched in January 2019, automatically detects and disseminates information about forest fires in real time to registered users. Till date around 1,09,400 users have been registered to receive the fire alerts from FSI.
6. That, keeping in view the impact of forest fire and its management this Ministry has formulated a National Action Plan on Forest Fire as per the direction of this Hon’ble Tribunal in the Original Application No. 216 of 2016 in the matter of Rajiv Dutta vs. Union of India and Others: which has been circulated to all the States/UTs Governments for taking appropriate action for effective prevention and management of forest fire. It has also been uploaded on the website of this Ministry. A true and correct copy of the National Action Plan on Forest Fire is annexed hereto and marked as Annexure-I. (Pg No. 4-26)
7. The Forest Protection Division vide letter No. 17/6/2020- FPD dated 08.04.2020 has also issue a D.O. letter to the State/UTs for preparedness of Forest Fire during this season. A true and correct copy of the D.O. letter dated 08.04.2020 is annexed hereto and marked as Annexure-II. (Pg no. 27-28)
8. That, the responsibility to prevent, control and manage forests fires lies primarily with the State Government/Union Territory (UT) Administration. The Ministry supports the efforts of State/UT in prevention and control of forest fire by providing financial assistance for various forest fire prevention and management measures under the Centrally Sponsored Forest Fire Prevention and Management Scheme. State/UT prepares Annual Plan of Operation for prevention and management of forest fire under this scheme and funds are released. A sum of Rs.46.84 Crore and Rs. 14.25 Crore have been released to the States in the last financial year and in the current financial year respectively under this scheme.
9. In compliance of the direction of Hon’ble National Green Tribunal, New Delhi, order dated 28.05.2019 in 0.A No. 60/2018 (M.A No. 122 of 2019) in the matter of Rajiv Dutta vs. Union of India & Others, this Ministry has constituted a Central Monitoring Committee, under the chairmanship of Secretary, MoEFCC, to monitor the implementation of the National Action Plan on Forest Fire.
10. This Ministry vide letter No. 8-4/2016-FPD dated 14.07.2020 requested to Government of Uttarakhand to submit a report on incidents of forest fire in Uttarakhand. Response was received from the PCCF (HoFF), Government of Uttarakhand vide letter No.c.1.107/27-1 dated 21.07.2020 giving the factual report on the above. Govt of Uttarakhand has informed that in the year 2020, the area affected by fire and direct economic loss was the lowest. A true copy of response received from the Government of
