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2024 Supreme(Online)(NGT) 286

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
ARUN KUMAR TYAGI, J, DR. AFROZ AHMAD, ACJ
Kanvaljeet and Anr. – Appellant
Versus
State of Punjab and Others – Respondent
Original Application No.1129/2024



Advocates:
For the Appellants/Petitioners: None
For the Respondents: None

Compliance with environmental regulations is crucial, and appropriate state policies must be adopted to safeguard green areas.

Headnote:(A) National Green Tribunal Act, 2010 - Illegal cutting of trees - Petition filed regarding unauthorized tree cutting at Government Senior Secondary School, ruling on the compliance of orders issued and establishment of a joint committee for investigation - Compliance report submitted indicated minimal tree removal and adherence to legal procedures by school authorities. (Paras 1-3)

(B) Environmental Legislation - Need for state-level policy on tree preservation addressed - Punjab government advised to consider comprehensive legislation for the protection of green areas based on previous recommendations from the tribunal. (Paras 6-8)

Facts of the case:
Applicants reported illegal tree cutting at an educational institution; Tribunal acted on its own cognizance and formed a committee to investigate.

Findings of Court:
Tribunal found minimal compliance with procedures and a general adherence to environmental policies and established a committee for ongoing monitoring.

Issues: The primary issues included the legality of tree cutting and the adequacy of existing legislative protections surrounding such actions.

Ratio Decidendi: Tribunal emphasized the importance of adherence to environmental laws and the necessity for state-level legislation to ensure the protection of green areas.

Result: Original application disposed of, with directions for further action.

Table of Content
1. investigation of unauthorized tree cutting at an educational institution. (Para 1 , 2 , 3)
2. importance of enacting state-level legislation for tree preservation. (Para 6 , 7 , 8)
3. disposition of application and directions for future compliance. (Para 9 , 10 , 11)

ORDER

1 . Kanvaljeet Singh son of Jaspal Singh and Jaswant Singh son of Shri Ram Singh have sent letter petition dated 19.01.2024, which has been treated as original application and registered as O.A. No. 1129/2024, complaining about illegal cutting of trees from the Government Senior Secondary School, Sherpur Kalan, Tehsil Jagraon, District Ludhiana, Punjab by Mr. Vinod Kumar posted as Principal thereof.

2. This Tribunal, vide order dated 14.11.2024, took cognizance in exercise of suo moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, (2022) 13 SCC 401 and constituted a Joint Committee comprising of the District Magistrate, Ludhiana; the Divisional Forest Officer; Ludhiana; and Punjab State Pollution Control Board with direction to visit the site and find out whether trees have been cut illegally and submit its factual report within one month.

3. In compliance thereof report dated 13.12.2024 of the Joint Committee has been filed. The relevant part of the report is reproduced below:-

REPORT OF THE JOINT COMMITTEE

(Constituted by the Hon'ble National Green Tribunal vide order dated 14.11.2024 passed in Original Application No. 1129 of 2024 Kanavljeet and Anr. v/s State of Punjab)

X X X X

Compliance of Order dated 14.11.2024 passed by the Hon'ble National Green Tribunal

That in compliance of orders dated 14.11.2024 passed by the Hon'ble National Green Tribunal, Deputy Commissioner, Ludhiana has requested Sub-Divisional Magistrate, Jagraon vide letter no. 25543-45/M.A dated 28.11.2024 to verify the factual positions. A copy of letter no. 25543- 45/M.A dated 28.11.2024 alongwith its translation in English is attached herewith as Annexure-A. Further, the Sub- Divisional Magistrate, Jagraon issued letter vide no. 1731-32 dated 03.12.2024 to Divisional Forest Officer, Ludhiana and Punjab Pollution Control Board, Ludhiana to visit the Senior Secondary School, village Sherpur Kalan, Tehsil Jagraon, District Ludhiana and submit the report. A copy of letter no. 1731-32 dated 03.12. 2024 alongwith its translation in English is attached herewith as Annexure-B. Visit carried out by the Joint Committee: 03.12.2024

1. That in compliance of the orders dated 14.11.2024 of the Hon'ble Tribunal, visit to the site under question was undertaken by the members of the Joint committee on 03.12.2024. During visit, it was observed that the school is a Government Senior Secondary School established in the year 1952 on the land owned by "Baba Nand Singh khalsa High School Sherpur Kalan". Copy of Jamabandi showing ownership of the land area on which school exists along- with its translation in English is attached herewith as Annexure-C.

2. The School Authorities informed that only 04 dead trees were cut in the year 2021 & 2022 to develop a science & mathematics park in the school. At present a well- maintained mathematics park exists at site. The school authorities further informed to the joint committee that the said 04 trees were cut after passing proper resolution by the Parents Teacher Association (P.T.A) committee. Copy of resolution passed by the (P.T.A) committee along-with its translation in English is attached herewith as Annexure -D.

3. The School Authorities had maintained thick plantation all along the boundary wall of the school as well as along internal roads. About century old 03 mango trees have also been maintained by the School Authorities. Condition of plantation in school is good.

4. Further, Range officer, Jagraon, District Ludhiana, Department of Forests and Wild Life Sanctuary, vide letter no: 435 dated 27.11.2024 has informed that the complaint site was visited by Smt. Poonam Devi,

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