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2025 Supreme(Online)(NGT) 517
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
Mr. Justice B. Amit Sthalekar, Dr. Arun Kumar Verma, JJ
DEBASIS DAS – Appellant
Versus
1. THE STATE OF WEST BENGAL – Respondent
231/2024 / KOLKATA
For the Petitioner: VIKRAM OJHA
For the Respondent:
The court upheld that tree felling was conducted legally under the West Bengal Trees Act, with a compensatory plantation plan exceeding requirements.
Headnote:(A) West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006 - Sections 9(4) and 9(5) - Allegations of illegal felling of trees - Applicant alleged that over 1000 trees were cut without permission; however, the court found that 220 trees were permitted to be felled with a requirement to plant 1100 trees in compensation - The Divisional Forest Officer's clearance was justified as per the law, and the plantation plan exceeded the required number of trees. (Paras 31, 32)
(B) Environmental Compliance - The court emphasized that no tree was cut without permission and that the plantation plan was in accordance with environmental norms. (Paras 31, 32)
Facts of the case:
The Applicant alleged illegal felling of trees by the Rail Land Development Authority and its developer, claiming that over 1000 trees were cut without proper clearance. The Divisional Forest Officer confirmed that only 220 trees were permitted to be felled, with a plan to plant 1203 trees in compensation. (Paras 1-6)
Findings of Court:
The court found no violation of environmental norms and confirmed that the felling of trees was conducted with proper permissions as per the West Bengal Trees Act. (Paras 31, 32)
Issues: The main issues included whether the felling of trees was conducted legally and if the required compensatory plantation was adequate. (Paras 31, 32)
Ratio Decidendi: The court ruled that the Divisional Forest Officer acted within the law, and the plantation plan was sufficient to meet environmental requirements, dismissing the allegations of illegal felling. (Paras 31, 32)
Result: The present Original Application is dismissed.
ORDER
1. The present Original Application has been filed by the Applicant alleging large scale illegal felling of trees at the property situated at premises No.1, Acharya Tulsi Marg, Police Station – Golabari, District – Howrah (also known as property situated at H8QV + WHP, Salt Golah, beside river Hooghly within the jurisdiction of Golabari Police Station, District – Howrah – 711106).
2. It is stated that the Respondent No.9, Rail Land Development Authority (‘RLDA’ for short) appointed a Developer firm, the Respondent No.10, M/s PS Group Realty Pvt. Ltd. and it is alleged that the Respondent No.10 is engaged in the illegal felling of trees within the said property.
3. It is stated that the Applicant had sought certain information under RTI Act 2005 which was responded by the Divisional Forest Officer, Howrah vide letter dated 15.07.2024 stating that there are only 75 trees present in the property even though the RLDA, the Respondent No.9 had through its application dated 20.03.2024 sought permission for cutting trees mentioning therein that there were nearly 235 trees present in the property. The Divisional Forest Officer, Howrah in his subsequent reply dated 15.07.2024 had stated that no permission had been granted to the Respondent No.9 for cutting and felling of trees in the property in question.
4. It is stated that subsequently the Divisional Forest Officer, Howrah on 29.04.2024 had given clearance to the Respondent No.9, Rail Land Development Authority (RLDA) without obtaining any concurrence from the West Bengal Pollution Control Board and without conducting any field enquiry.
5. The Applicant emphasized that the trees at the said property have been illegally cut and felled without any proper clearance or permission and also without holding any proper inquiry of the said property and upon the objection by the Applicant in form of RTI through its Advocate, the Respondent and the authorities have tried their best to cover up their misdeeds and cover up the lapses. It is further alleged that more than 1000 trees have been cut and felled at the said property without having any permission from the concerned authorities and damages to the such number of trees cannot be overlooked keeping in mind the global warming which we are facing.
6. It is alleged that the private Respondents, M/s PS Group Realty Pvt. Ltd. in connivance with the authorities have illegally cut and felled the trees giving false number of trees present in the said property so that they did not need to plant five times of the cut and felled trees at the said property.
7. It is stated that the said property originally belonged to the “Indian Railways” which was used to transport salt from one place to the other and hence the bank of Ganga just beside the said property was and is known as “Namak Gola Ghat” and the said property lay unused since Independence and since there was already existing greenery within the said property thus during course of time the said greenery expanded. It is further stated that the said property is fully closed and thousands of trees grew since Independence. It was not only a source of fresh air to the residents of North Howrah District but also a beautiful place for morning walkers. The Applicant has referred to several photographs of the said property to show that it was full of greenery and claimed the same can also be ascertained through the extract of the Google Map.
8. It is stated that the said “RLDA” being the Respondent No.10 engaged and appointed one developer firm being PS Group Realty Pvt. Ltd. having its registered office at 1002 EM Bypass, Kolkata, West Bengal for development of the said property. There had been thousands of trees existing since independence within the said property and the property was ignored and not in use. The Respondent No.10, in the month of April 2024 started cutting and felling the trees on a large scale at the said property on a large scale.
9. The Respondent No.6, District Magistrate, Howrah in its
