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NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER, HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
RD SINGH BANDRAL – Appellant
Versus
MINISTRY OF ENVIRONMENT FOREST AND CLIMATE CHANGE – Respondent
652/2022 / DELHI
Wildlife Protection - Road Construction - Sections 29, 35 of Wildlife (Protection) Act, 1972 - The court found that the proposed road construction project in the Bani Wildlife Sanctuary was cancelled, rendering the matter infructuous. The court held that no further order was required to be passed as the construction proposal was withdrawn.
Fact of the Case:
The applicant filed a complaint that the construction of a road from Chatter Galla to Kailash Kund via Seoz Dhar, for which tenders were floated by the Department of Public Works (R&B), would adversely affect the flora and fauna of the Kailash Kund-Seoz Dhar region, as the road would pass through the Bani Wildlife Sanctuary.
Finding of the Court:
The court found that the matter was re-examined, and it was decided to cancel the allotment of work for the construction of the road. A cancellation order was issued by the Chief Engineer, and the applicant did not dispute the cancellation.
Issues: Whether the proposed road construction project in the Bani Wildlife Sanctuary would adversely affect the flora and fauna of the area.
Ratio Decidendi: The court held that since the construction proposal was cancelled, the matter had become infructuous, and no further order was required to be passed.
Final Decision: The application was disposed of as the construction proposal was cancelled.
ORDER
1. Shri Rahul Dev Singh Bandral applicant in person and Shri Jitendra Bharti, Advocate appearing for Respondent No. 1.
2. The Original Application was registered on a complaint made by the Applicant that construction of road from Chatter Galla to Kailash Kund via Seoz Dhar for which tenders were floated by Department of Public Works (R&B) and construction works have been allotted to M/s D.K. Projects, private proponent is ultimately affecting adversely flora and fauna of Kailash Kund-Seoz Dhar region. It is said that the road would passes from Bani Wildlife Sanctuary and will affect the flora and fauna of the area adversely.
3. A reply was filed on behalf of Respondent No. 1 dated 07.01.2023 stating that no proposal was submitted to the Ministry concerned for any permission under the Wildlife (Protection) Act, 1972 raising construction in a reserved area.
4. However, we find from record that Respondent No. 7 i.e., Chief Engineer, PWD (R&B) has filed an affidavit dated 11.05.2024 stating that the matter was re-examined and it was found that the tender dated 26.10.2018 issued by the then Chief Engineer required reconsideration and consequently instructions were issued by Additional Secretary to Government, Public Works (R&B) Department (Legal Section) on 21.02.2024 to cancel the allotment of work for construction of road from Chatter Galla to Kailash Kund via Seoz Dhar.
5. Pursuant thereto a cancellation order was issued by Chief Engineer on 07.05.2024 and copy thereof has been placed on record as Annexure – A to the said affidavit.
6. The cancellation of the proposal is not disputed by the applicant.
7. In view thereof, since now there is no proposal for construction of the road in the area in question in our view, this matter has rendered infructuous and no further order is required to be passed.
8. The application is accordingly disposed of.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM May 31, 2024 O.A. No. 652/2022 A
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