Unauthorized pruning of trees violates environmental regulations; strict adherence to guidelines is essential for ecological protection.

ORDER

1. The issue raised in this letter petition is pruning of branches of 200 fruit bearing mango trees standing on Daulatpur-Gagret Guglehad road done through a contractor without obtaining requisite permission from the Forest Department in violation of protective prohibition order passed by Honble High Court of Himachal Pradesh.

2. Vide order dated 04.07.2022 this Tribunal constituted a Joint Committee comprising of the Regional Office of MoEF at Chandigarh, State PCB, Principal Chief Conservator of Forests, Government of Himachal Pradesh and Deputy Commissioner, Una and directed the Joint Committee to submit Factual and action taken report within two months.

3. In compliance thereof, report of the Joint Committee has been filed vide email dated 21.092022. The Conclusion-cum-Recommendation mentioned in the report of the Joint Committee is reproduced as under:-

X X X X X

H. Conclusion-cum-Recommendations of the Committee: After the deliberate conversation and examining the matter on the findings of the incident, the committee concludes that the cutting/pruning of 201 trees has been carried out without any permission and due procedure and had led to the substantial damage. Criminal action has already been initiated by the Forest department as submitted in detail earlier. Committee also discussed about the possibility of levying environmental compensation but it is found that there is no standard guideline/provision according to which environmental compensation can be levied in the matter. Most of the trees are located on the land in possession of HPPWD and department should take action in the matter. HPPWD should also frame proper mechanism for pruning of trees standing on its land along roadside. The joint report is submitted for consideration of the Hon’ble NGT please.

4. In its reply submitted by the Deputy Commissioner, Una it has been submitted that cutting and pruning of 201 trees has been carried out without any permission and due procedure and HP PWD has been directed to frame proper mechanism and regulation of pruning of trees on its land along road side.

5. Representative of the MoEF&CC, DFO and Deputy Commissioner, Una and one representative from the HP PCB submitted the factual report with the following facts:

D. Brief Incident Report and Report of Forest Department :

Divisional Forest Officer Una vide his letter No. 5935-36 dated 03.08.2022 (copy annexed as Annexure D-1) has submitted that the Range Officers, Amb and Bharwain vide their letters No. 2062/A dated 28.03.2022 and 1898/Bh dated 30.03.2022 respectively had intimated that during the course of inspection from tika Guglehar to Daulatpur and tika Saghnai to Deoli, following trees have been found illicitly lopped/felled without proper permission by HP P.W.D. and their contractor Sh. Rohit Jaswal s/o Sh. Narender Jaswal RIO Dangoh, Tehsil Ghanari, Distt. Una (H.P.).

Accordingly, FIR No. 022 has been registered in Police Station Gagret on dated 28.03.2022 by the official of Forest Department Gagret regarding incident of illegal lopping/pruning of about 387 branches of 201 no. trees standing roadside without any permission from Forest Department.

E. Report of Police Department :

FIR has been registered in Police Station Gagret on dated 28.03.2022 under Section 379 IPC and Section 32, 33 of Indian Forest Act by the official of Forest Department Gagret regarding incident of illegal lopping/pruning of about 387 branches of 201 no. trees standing roadside by PWD Department thr