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2025 Supreme(Online)(NGT) 611

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, J, HON’BLE DR. AFROZ AHMAD, EM
Satya Narayan Singh – Appellant
Versus
Forest Department Firozabad & Ors. – Respondent
Misc Application in disposed of cases No. 131/2024 / DELHI



Advocates:
For the Appellants/Petitioners: Mr. Nitesh Yadav
For the Respondents:Mr. Bhanwar Pal Singh Jadon, Advocate for State of U.P.

Compliance with environmental directives is mandatory to mitigate unlawful felling, emphasizing accountability and restoration measures.

Headnote:This judgment addresses the illegal felling of trees under the NGT Act, referencing Sections 14, 15, and 33 of the Act regarding compensatory measures for environmental damage. The Tribunal established a mechanism for planting replacement trees, with non-compliance leading to financial penalties. The primary issue revolved around whether adequate compliance was achieved. The court underlined the necessity for adherence to previous orders and confirmed that the required compensatory plantation was completed, leading to the dismissal of the application.

Table of Content
1. illegal felling of trees necessitates compensation. (Para 1 , 2)
2. non-compliance with court orders leads to further proceedings. (Para 3 , 4 , 5)

ORDER

1. The applicant-Satya Narayan Singh filed O.A. No. 246/2023 complaining about cutting of 14 Neem Trees illegally by Mr. Rajkishore, Ram Singh and Man Singh.

2. The above said OA was disposed of by this Tribunal by order dated

28.05.2024. The relevant part of the order reads as under:-

“23. Accordingly, in exercise of powers under Sections 14 and 15 read with Section 33 of the NGT Act the following direction is issued subject to suitable amendment of the Uttar Pradesh Tree Protection Act ,1976 that every person found to have illegally felled, cut, removed or disposed of any tree shall be bound to plant and tend for 05 years two trees in place of every tree in the area, from where such tree has been felled, cut, removed or disposed by him in the next following rainy season within his land in the vicinity or within such extended time and at such place as the Divisional Forest Officer concerned may allow and in case of default by such person the Divisional Forest Officer shall be entitled to cause trees to be planted and recover the cost of plantation from such person as arrears of land revenue in accordance with law.

24. In view of the above present Original Application is disposed of with direction to the Divisional Forest Officer, Firozabad to issue notices to above mentioned persons requiring them to carry out compensatory plantation as directed by this Tribunal in the next following rainy season within their land in the vicinity or within such extended time and at such place as the Divisional Forest Officer, Firozabad may allow and in case of default by them to cause trees to be planted and recover the cost of plantation from such person as arrears of land revenue in accordance with law and file his Action Taken Report.

25. Action Taken Report be filed by Divisional Forest Officer, Firozabad within six months before the learned Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before the Bench for further directions.

26. A copy of this order be forwarded by email to the Chief Secretary, Government of Uttar Pradesh and the Divisional Forest Officer, Firozabad for requisite compliance.”

3. Since no action taken report was filed by the Divisional Forest Officer, Firozabad as directed, the matter has been listed before this Bench for further orders.

4. Vide order dated 09.12.2024 show cause notice was ordered to be issued to the Divisional Forest Officer, Firozabad requiring him to file report showing action taken by him in compliance of Judgment dated 28.05.2024 and also to show cause as to why order for his prosecution be not passed by this Tribunal.

5. In compliance there of report dated 17.01.2025 has been filed by DFO, Firozabad. The relevant part of the report is reproduced below:-

ACTION TAKEN REPORT/ AFFIDAVIT ON BEHALF OF DIVISIONAL FOREST OFFICER, FIROZABAD, UTTAR PRADESH IN COMPLIANCE OF THE ORDER DATED

09.12.2024 X X X X

5. That it is humbly submitted before the Hon’ble Tribunal that the Deponent has taken the previous order dated 28.05.2024 with utmost sincerity. The Deponent has immediately taken action in compliance of directions issued by the Hon’ble Tribunal. However, it is regretfully admitted that the filing of the Action Taken Report by the Deponent was delayed due to the inadvertent reasons. Nonetheless, it is submitted that with regards to the issuance of notices to the person who has defaulted, recovery of cost and the plantation of trees, the compliance of the directions has been done by the Deponent. The actions taken by the Deponent are as stated below for the kind perusal of the Hon’ble Tribunal.

6. That it is submitted before the Hon’ble Tribunal that the present matter pertains to the illegal felling of 14 neem trees from the Gatta no. 793 and 794. With regards to the illegal felling

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