RAM SINGH vs - 2022 Supreme(Online)(NGT) 319

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2022 Supreme(Online)(NGT) 319

Item No.2 (Court No. 2)
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI (Through Physical Hearing with Hybrid VC Option)
Original Application No.173/2022 Ram Singh Applicant Versus State of H.P. & Ors. Respondents Date of hearing: 03.01.2023 CORAM: HON(cid:146)BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON(cid:146)BLE DR. AFROZ AHMAD, EXPERT MEMBER Applicant: None for the applicant.
Respondent: Mr. Himanshu Tyagi, AAG for State of Himachal Pradesh.
Mr. Bharat Khera, Principal Secretary, Mr. Jitender Singh, Chief Engineer, Ms. Nivedita Negi, Special Secretary, Mr. Pasang Negi, Senior Engineer, Rampur, Mr. Tashi Giamcho, Executive Engineer, Kaza, for Public Works Department, Government of Himachal Pradesh (through VC).
Mr. K. Thirumal, CCF WL (South) and Mr. Pawan Kumar Chauhan, DFO WL, Spiti, for Forest Department, Government of Himachal Pradesh (through VC).
Application is registered based on a complaint received by Post.

ORDER

1. The grievances in the application sent by Shri Ram Singh resident of P.O Mane, Teh. Spiti, Dist. Lahaul & Spiti, Himachal Pradesh are that Executive Engineer, HPPWD Division, Kaza, District Lahaul & Spiti Himachal Pradesh has constructed and widened, by back cutting, road named Poh-Maidan to Dhanker of about 8 km length without seeking FRA from the concerned authority for the entire project and by deliberately seeking FRA only for road length of just 1 km and 700 meters and has thereby caused substantial damage to the most fragile strata in Lahaul & Spiti, Himachal Pradesh.

2. Vide order dated 18.04.2022, this Tribunal constituted a Joint Committee and directed the same to submit Factual and Action Taken Report within two months. In compliance thereof, the Joint Committee inspected the area on 12.05.2022 and Factual and Action Taken Report vide email dated 25.06.2022. The relevant part of the report is reproduced below:-

(cid:147)Joint Inspection/Action Taken Report in compliance of the order dated 10.04.2022 of Hon(cid:146)ble NGT O.A No. 173/2022 titled Ram Singh Vs. State of H.P.

X X X X X X

(cid:133).During inspection, it has been observed that Executive Engineer, HPPWD Division Kaza, Distt Lahaul Spiti, H.P. has constructed and widened by back cutting road named Poah-Maidan to Helipad having a length of 12.240 Kms.

Further. the Joint Committee decided to constitute a sub-committee comprising Revenue Deptt., HPPWD. Deptt. and Forest Deptt. for taking measurements of actual road constructed on spot by HPPWD vise vis approval conveyed by Forest Department under the provisions of Forest Right Act,2006 and submit detailed/Factual report before the joint inspection committee ( Copy enclosed as Annexure-C).

The Detailed reports submitted by the Sub-Committee is as under:

Measurement of actual road constructed on spot by Sub-committee constituted for the purpose:- S. No 1 2
	Name of road	Length (KM)	Avg. Width (Metre)	F.R.A approval	Remarks
	Poh Maidan to Soman	1.700	4.00	Approved	Annexur e I
	Soman to Nyupur	3.000	2.85	Approved	Annexur e II

Nipto to Takchan	1.700	5.00
Gecha to Helipad	2.840	3.50
Total	12.240

The Sub-Committee report is attached a’, Annex ure-V.

In addition to above Addl. Deputy Commission, Kazahas informed the complainant vide letter No. 455/PA on dated 11th May, 2022 ( Copy enclosed as Annexure-VI) requested to present personally on above mentioned date, time and venue. But he didn’t attended the joint inspection. On the same day at the time of joint inspection the Chief Conservator of Forests, Dharamshala contacted the complainant on mobile phone and discussed the matter regarding his absence from joint inspection. The complainant said he is at Bilaspur and will not be able to attend the said inspection. Further the committee decided that ADC Kaza will record the statement of Complainant. On this Addl. Deputy Commissioner, Kaza vide letter No.461 dated 12.05.2022 (Annexure-VII) requested the complainant to be present in his office to discuss about the above case. The complainant attend the office/ of Addl. Deputy Commissioner, Kaza on dated 13.05.2022 and reiterated the matter that he had stated in his complaint.

1. It is observed from the above table that the DFO(Wild Life) Kaza have accorded approval for construction of road under Forest Right, Act 2006 for 9.400 Kms in piece meal i.e., four times for continuous/linear road.

2. The road constructed from Gecha to Helipad i.e., 2.840 kms have not been approved under Forest Right Act by DFO (Wild Life) Kaza and the road have been constructed without the any approval by XEN, HPPWD, Spiti at Kaza.

3. The total road constructed on spot has been inspected by the Committee and the Sub-Committee constituted for the measurement of already constructed road has submitted its report that total length 12.240 kms has been constructed on spot from Poh-maidan to Helipad.

4. The 1st approval has been accorded by DFO (Wild Life) Kaza vide his office No. 480 dated 08.08.2018 for construction of jeepable road

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