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2025 Supreme(Online)(NGT) 421
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH NEW DELHI ORIGINAL APPLICATION NO. 335/2023 IN THE MATTER OF:
PRAMOD TYAGI S/o Raghuvansh Tyagi, R/o H. No.664, Landa Panda, Village-Burari, Delhi-110084 ...Applicant Verses
1. STATE OF NCT OF DELHI Department of Transport, Through its Secretary, 5/9 Under Hill Road, Delhi-110054
2. DEPARTMENT OF ENVIRONMENT & FORESTS Government of NCT of Delhi Through its Secretary, 6th Level, C-Wing, I.P. Estate, Delhi Secretariate, Delhi-110002
3. UNION OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE Through its Secretary, Indira Paryavaran Bhawan, Jor Bag Road, New Delhi-110003
4. CENTRAL POLLUTION CONTROL BOARD Through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi-110032
5. DELHI INTEGRATED MULTI-MODEL TRANSIT SYSTEM LIMITED (A joint venture of the Government of NCT of Delhi and IDFC Foundation)
Through its Managing director, (CIN No. U60232DL2006PLC1484)
8th Floor, Block-1, Delhi-110053
6. SOCIETY FOR DRIVER TRAINING INSTITUTE Through its Chairman, Office at: Transport Authority Complex, Burari, New Delhi-110084
7. GOVERNMENT OF NCT OF DELHI Through its Chief Secretary, 3rd Level, Delhi Secretariat, I.P. Estate, New Delhi-110002
8. PRINCIPAL CHIEF CONSERVATOR OF FORESTS, Department of Forest and Wildlife Government of NCT of Delhi, A-Block, 2nd Floor, Vikas Bhawan, I.P. Estate, New Delhi-110002
9. DELHI DEVELOPMENT AUTHORITY Through its Vice Chairman, Vikas Sadan, INA, New Delhi-110023
10. MUNICIPAL CORPORATION OF DELHI Through its Commissioner, Dr. S.P.M. Civic Centre, Minto Rd, SKD Basti, Press Enclave, Ajmeri Gate, New Delhi-110002 ...Respondent(s)
COUNSELS FOR APPLICANT:
Mr. Avdesh Kumar Singh, Advocate COUNSELS FOR RESPONDENT(S):
Ms. Jyoti Mendiratta and Ms. Anaya Basudha, Standing Counsel for GNCTD with Mr. Prashant Goyal, Principal Secretary (through VC) and Mr. R. Ramanathan, Deputy Commissioner, Transport Department and Ms. Anamika, DCF (Central) with Mr. Sarim Khan, Project Associate Mr. Aditya Chopra Advocate for Respondent No. 5 (through VC)
Ms. Puja Kalra and Mr. Virendra Singh, Advocates for Respondent No. 10 Ms. Kritika Gupta, Advocate for DDA Mr. Amit Singh Chauhan and Ms. Shaima Masood, Advocates for CPCB (through VC)
CORAM:
HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER RESERVED ON: OCTOBER 18, 2024 PRONOUNCED ON: MARCH 21, 2025
For the Petitioner: KARTIKEY SINGH
For the Respondent:
The Tribunal established that illegal felling of trees without proper permissions violates environmental laws, necessitating compensation under the 'Polluter Pays' principle.
Headnote:(A) National Green Tribunal Act, 2010 - Sections 14, 15(1)(a), (c), (4), 17(1), (2), 18 - Environmental laws - Illegal felling of trees - Applicant filed OA against GNCTD for cutting 495 trees without proper permissions, causing environmental damage - Tribunal found violations of DPT Act, 1994 and ordered interim environmental compensation of Rs.95,05,000/- for illegal felling and failure to carry out compensatory plantation. (Paras 1, 30, 66, 96)
(B) Environmental Compensation - Principle of ‘Polluter Pays’ - Tribunal emphasized that violators must bear costs for environmental damage caused by illegal activities, including tree felling without compliance with statutory permissions. (Paras 51, 66, 94)
Facts of the case:
The applicant alleged that the Transport Department of GNCTD illegally cut down 495 trees for a bus depot project without following the required environmental laws, leading to significant ecological harm. (Paras 1, 2, 30)
Findings of Court:
The Tribunal found that the Transport Department failed to comply with the conditions of tree felling permissions and did not carry out the required compensatory plantation, resulting in environmental damage. (Paras 66, 94)
Issues: The main issues included whether the Transport Department violated tree felling permissions and if it caused environmental damage warranting compensation. (Paras 30, 66)
Ratio Decidendi: The Tribunal ruled that illegal felling of trees constitutes a violation of environmental laws, necessitating the application of the ‘Polluter Pays’ principle to impose compensation for the damage caused. (Paras 51, 66)
Result: Respondent 1 ordered to pay interim environmental compensation of Rs.95,05,000/- and comply with further directives for remediation. (Paras 96)
JUDGMENT
BY HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
1. Pramod Tyagi, son of Raghuvansh Tyagi, resident of H.No. 664, Landa Panda, Village-Burari, Delhi has filed present Original Application (hereinafter referred to as ‘OA’) under Sections 14 and 15 (1)(a), (c) and (4) read with Section 17(1), (2) and 18 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) complaining about adverse impact of climate change in Delhi as well as in country due to non-implementation of environmental laws particularly Forest (Conservation) Act, 1980 (hereinafter referred to as ‘FC Act, 1980’), Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as ‘Air Act, 1981’), Environment (Protection) Act, 1986 (hereinafter referred to as ‘EP Act, 1986’) and Delhi Preservation of Trees Act, 1994 (hereinafter referred to as ‘DPT Act, 1994’) in as much as trees are valuable resource for contributing to cleanliness of air but large number of trees have been cut without considering the impact of such activity upon environment and thereby causing damage to environment.
2. Facts in brief stated in OA are that there was a proposal initiated by State of National Capital Territory of Delhi, Department of Transport (hereinafter referred to as ‘NCTD (Transport)’) to start a Driving Training Institution at Mukundpur and for the said purpose, permission was granted to respondent 6 to set up/establish Driving Training Institute at Mukundpur area, Burari, New Delhi. Consequently, respondent 6 established the said Institute. Government of National Capital Territory of Delhi (hereinafter referred to as ‘GNCTD’) allotted 12 acres of land to respondent 6, initially, for establishment of Driving Training Institute. 3000 big trees were standing on the said land. Later on, respondent 1 proposed to establish a Cluster Bus Depot at Burari and half of the land i.e., 4 acres was allotted to Delhi Integrated Multi-Model Transit System Limited (A joint venture of GNCTD and IDFC Foundation) (hereinafter referred to as ‘DIMTSL’) for Cluster Bus Depot.
3. Respondent 2 to 4 i.e., Department of Environment & Forest, GNCTD i.e., respondent 2; Ministry of Environment, Forest and Climate Change (hereinafter referred to as ‘MoEF&CC’) i.e., respondent 3 and Central Pollution Control Board (hereinafter referred to as ‘CPCB’) i.e., respondent 4 are entrusted with the task of implementation of policies and programme relating to conservation of natural resource. State and its machinery is a trustee of vital natural resources on which human survival and welfare depend. There is a bond by a fiduciary duty under public trust doctrine to mitigate climate changes so as to protect such resources for the benefit of current and future generations. No effective steps were taken by respondent 4 for mitigating adverse impact on the climate change and environment in Delhi. For establishment of Driving Training Institute, Trees were cut whereagainst the applicant made representations to various authorities but no action was taken to curve the pollution. Total number of trees fell down in setting up of Driving Training Institute, as the information has been received by applicant, are about 3000, out of which approximately 2500 are big trees which were contributing substantially as run of pollution in the area where they were standing. In Delhi for protection of trees, DPT Act, 1994 has been enacted but in an illegal manner, Forest Officers granted permission and, in their collusion, huge number of trees were cut in an illegal and arbitrary manner. No proper permission was obtained from the Competent Authority before cutting of trees.
4. Tribunal’s Order dated 03.07.2023: Tribunal took cognizance of the OA on 03.07.2023 and after being satisfied prima-facie that a substantial question relating to environment has arisen out of the implementation of enactments specified in Schedule I to NGT Act, 2010, found it appropriate to obtain a factual report from Depu
