Felling permission for trees not listed in Schedule of West Bengal Trees Act, 2006, such as Eucalyptus and Akashmoni, is valid without mandatory prior approval, as confirmed by exemption notification incentivizing plantations.

ORDER

1. The Applicant in the present Original Application is aggrieved by the illegal cutting of about 938 trees in the district Bankura. His case is that he had planted 1100 trees on plot No.815, Mouza – Kapila, JL. No.105, Police Station – Gangajalghati, District –Bankura and out of these 1100 trees, 938 trees have survived and are growing due to the care taken by the Applicant.

2. The relief claimed in the present Original Application reads as under:-

i) The application/petition be allowed as above with all reliefs.

ii) That the said act is enacted by the legislature for special purpose of curbing illegal axing of trees within rural areas, therefore the acts of the respondents itself without the very purpose of the act and therefore direction be given to respondents shall be followed scrupulously and that the existing tree authority shall be abolished, turned down and all its operations shall be restricted till formation of new tree authority as per provisions of Indian Forest Act, 1927;

iii) Permission granted by the Forest Ranger be quashed and set aside and be held as null and void;

iv) The Hon’ble Tribunal may kindly be pleased to call all records and proceeding of tree and details with quantitative date for last five years.

v) The respondents be perpetually restrained from taking decision to cut old and new trees in Bankura District and further perpetually restrained from causing harm to birds nest and trees on the said District.

vi) It is humbly prayed to this Hon’ble Tribunal to appoint court commissioner to verify the factual position of the spot and to file his report before this Hon’ble Tribunal.

vii) It is humbly prayed to this Hon’ble Tribunal that, if respondents or any citizen wants to cut any trees within the jurisdiction of respondents, they must inform to this Hon’ble Tribunal by filing affidavit for necessary permission.

viii) That the application of the applicant may kindly be decreed with costs.

ix) That any necessary amendment in application kindly may allow.

x) Any just, equitable order in the interest of environment and justice may be passed.

3. It is further stated that the National Highway Authority of India (NHAI) decided to build a bridge over River Shali and issued notice for acceptance of compensation to the Applicant. The applicant is stated to have filed his objections in writing before the Special Land Acquisition Officer, Bankura during hearing on 12.08.2022, but it is stated that the Special Land Acquisition Officer, Bankura declined to accept the same.

4. It is further alleged that the Forest Beat Officer, Gangajalghati Range, inspected the land in question and has given his sanction for cutting of the 938 trees.

5. It is also alleged that one Santi Sutradhar, Respondent No.10 herein, who is a wood merchant, has manufactured false and unfilled documents on which sanction has been granted by the Forest Ranger ignoring the provisions of the Indian Forest Act.

6. It is also stated that the Government has issued notice for acquisition of the land and valuation of the trees has also been determined by the Special Land Acquisition Officer.

7. The Applicant is also stated to have filed a complaint before the Gangajalghati Police Station on 19.06.2023, Annexure-C to the Original Application, on which direction has been given to the Assistant Sub Inspector to investigate the matter.

8. The Inspector-In-Charge, Gangajalghati Police Station, Bankura has filed affida