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2025 Supreme(Online)(NGT) 330

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
HON’BLE MR. SHEO KUMAR SINGH, J, HON’BLE DR. VIJAY KULKARNI, EM
Rashid Noor Khan – Appellant
Versus
Principal Chief Conservator of Forest, Department of Forest, Madhya Pradesh – Respondent
Original Application No. 160/2024(CZ)



Advocates:
For the Appellants/Petitioners: Mr. Yashdeep Singh Thakur, Adv., Mr. Aakash Ambedkar, Adv., Mr. Rashid Noor Khan – In person
For the Respondents: Mr. Enosh George Carlo, Adv., Ms. Parul Bhadoria, Adv., Mr. Gaurvanvit Jain, Adv., Mr. Prashant M. Harne, Adv., Mr. Mehul Bhardwaj, Adv., Ms. Disha Chouksey, Adv., Ms. Gunjan Chowksey, Adv., Mr. Swapnil Chaturvedi, Adv., Mr. Shantanoo Saxena, Adv., Ms. Amrita Mishra, Adv., Ms. Diksha Chaturvedi, Adv., Mr. Abhishek Shrivastav, Adv.

The court emphasized the necessity for compliance with environmental laws to protect wildlife habitats, ruling that educational institutions must operate within legal frameworks for environmental conservation.

Headnote:(A) Forest Protection Act, Environmental Protection Act, Wildlife Protection Act - Protection of tiger habitat and prevention of human-tiger conflict; applicant sought to halt activities threatening ecological balance of Chandanpura Forest Region - Court found encroachments by educational institution causing ecological harm, assessed previous judgments on forestry laws; emphasized duty of state to protect wildlife in designated regions. (Paras 1, 2, 8, 49)

(B) Environmental impact - Need for compliance with clearance regulations for activities near wildlife habitats; university operates without necessary forest clearance - Court noted ongoing monitoring and necessity for sustainable development in adjacent urban projects to maintain ecological integrity. (Paras 1, 7, 48)

Facts of the case:
The applicant alleged severe ecological harm and encroachment in Chandanpura Forest Region, emphasizing danger to tiger habitats from various activities including construction projects and human activities disrupting the ecological balance. (Paras 2, 4, 8)

Findings of Court:
The court upheld the need for forest protection, affirmed ongoing regulatory measures by the state, and called for measures to resolve encroachments to safeguard natural habitats while rejecting claims for specific punitive action or relocation of institutions based on procedural limitations. (Paras 49)

Issues: Primary issues included the encroachment impact on tiger movement, the operational legitimacy of institutions within forested areas, and compliance with forest conservation laws. (Paras 35, 41)

Ratio Decidendi: The court reaffirmed the state's responsibility in ensuring ecological balance and preventing degradation of forest regions, while clarifying the legal framework for resolving encroachments and institutional activities impacting wildlife. (Paras 45, 48)

Result: Original Application dismissed with directions for forest and town planning authorities to harmonize development with biodiversity conservation efforts. (Para 49)

Table of Content
1. protection of tiger habitat and ecological balance. (Para 1 , 2 , 3)
2. human activities threaten wildlife corridors. (Para 4 , 5 , 6 , 10 , 11)
3. environmental laws violated by developmental projects. (Para 7 , 8 , 18)
4. legal status and protection of biodiversity within forest areas. (Para 12 , 13 , 14 , 20 , 22)
5. decisions regarding forest land must comply with environmental statutes. (Para 15 , 21 , 29 , 30)
6. court's conclusions based on joint committee recommendations. (Para 23 , 35 , 37 , 46 , 49)

JUDGMENT

1. Issue raised in this application is protection of Tiger habitat and breeding ground and to avoid the human-tiger conflict and to protect the forest land from encroachments.

2. The submission of the applicant is that the Chandanpura Forest Region, situated between Kerwa and Kaliyasote Dam acts as safety Valve in maintaining this delicate Ecological balance, is also a Tiger Habitat and breeding ground due to which this forest has been notified as protected forest and the entire Ecology is thus safeguarded or regulated by Forest Protection Act, Environmental Protection Act, Biodiversity Act, Wildlife Protection Act and the State being signatory of various international conventions, is bound to preserve, protect and conserve this forest region, alongwith its peripherial areas which are part of and forms the buffer zone for Chandanpura Forest Region.

3. It is further submitted that, due to continuous interference, disturbance, encroachment and destruction of Forest by Humans, the inhabitant Tiger are facing the danger of being forcefully removed from this Forest Region, and the Western Ringroad Project is the last blow to cut of and fragment the Tiger corridor, so that the movement of Tigers cease to exist and the breeding ground of Tiger be made inaccessible to the Tigers and that Respondent No. 9, is operating a full-fledged university in the midst of Tiger Habitat and Breeding ground, without taking any Forest Clearance, under the guise of Student Enrichment Hub where only extracurricular activities are permitted but does not include academic activities.

4. That, numerous events of forest fire have occurred frequently on behest of JLU and are reported along the periphery of JLU campus, tree cover has been reduced for newer construction as evident by the comparison of images in following Para and that under the guise of educational institute, slash and burn method has been adopted by JLU for encroaching the forest land all along its periphery, which is evident from the newspaper publication dated 24.06.2024, where action has been taken by authorities to remove the illegal boundary measuring more than 200 meters on the forest land, where JLU has slowly adopted slash and burn method to remove forest cover. These disgraceful and illegal actions of JLU establishes beyond doubt that the only purpose of the respondent JLU is to grab land under the guise of educational Institute.

5. The death of a healthy tigress and her cub Kms away from JLU, just 4 days after its sighting must be seriously looked into and enquired of any foul play. this hill is covered from all side by thick forested belt having a highly dense canopy but the top of this hill, Khasra No 89/2 with Z7 & Z5, has been systematically cleared of tree cover and now plotting has been done to further increase the non-forest activities along with human induced disturbances and various pollutions, with roads being made by cutting side of the hill, most importantly within few meters from Tiger saucers where Tiger and Wildlife frequently comes to quench their thirst and cool down their body.

6. Plotting has been done without the permission from the competent authority, and entire Danish hill with its slope is facing Kaliyasot River. In contravention of the orders passed by the Hon’ble Supreme Court of India in T.N. Godavarman Thirumulkpad v. Union of India & Ors. Case. Through establishing Nagar Van Respondent No.5 wants to change the character and identit

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