2024 Supreme(Online)(NGT) 2977
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
AWADHESH KUMAR PANDEY – Appellant
Versus
CHIEF SECRETARY STATE OF JHARKHAND – Respondent
Misc Application in disposed of cases No. 7/2024 / KOLKATA
For the Petitioner: RAVI SHANKAR PANDEY, RAVI SHANKAR PANDEY
For the Respondent:
Item No.09 Court No.1 BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA (THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Miscellaneous Application No.07/2024/EZ In Original Application No.73/2023/EZ In the matter of:
Suo Motu Awadhesh Kumar Pandey S/o Late Braj Bhushan Pandey, Aged about – 72 years, R/o Near Loyala Bed. College, Zone No.1B, Birsanagar, P.O. & P.S. – Birsanagar, Jamshedpur, Dist. – East Singhbhum, Jharkhand – 831019 …. Applicant(s)
Versus
1. State of Jharkhand Through its Chief Secretary, Having its office at First Floor, Project Building, Dhurva, Ranchi – 834004
2. Deputy Commissioner, East Singhbhum, Having its office at Deputy Commissioner Office, Sakchi, Jamshedpur – 831001
3. Jamshedpur Notified Area Committee Through its Special Officer, Having its office at Office of the Jamshedpur Notified Area Committee, Sakchi, Jamshedpur, Pin – 831001
4. Divisional Forest Officer, Jamshedpur, Having its office at Divisional Forest Office, Circuit House Area, Jamshedpur – 831001
5. Tata Motors Limited, Jamshedpur Through its Plant Head namely Ravindra Kulkarni, Having its office at Hans Stoehr Road, Telco Colony, P.S & P.O. - Telco, Jamshedpur – 831004
6. Tata Steel Limited, Jamshedpur Through its Managing Director T. V. Narendran, Having its office at General Office, Tata Steel Ltd., Sakchi, Jamshedpur
7. Principal Chief Conservator of Forest, Jharkhand Having its office at Van Bhavan, Doranda, Ranchi, Jharkhand – 834002
8. Director General of Police, Jharkhand Having its office at HEC Campus, Dhurva, Ranchi – 834004 …. Respondent(s)
Date of hearing: 30.09.2024 CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Suo Motu For Respondent(s) : Ms. Aishwarya Rajyashree, Adv. for Deputy Commissioner, East Singhbhum
ORDER
1. The M.A. No.07/2024/EZ filed in Original Application No.73/2023/EZ is being taken up.
2. This Tribunal vide its order dated 07.07.2023 passed in Original Application No.73/2023/EZ (Awadhesh Kumar Pandey Vs. State of Jarkhand & Ors.) had issued the following directions:-
“8. The Committee is directed to cause an inspection to be carried out and give facts and figures with regard to the number of trees within the Jamshedpur Notified Area and other areas in Jamshedpur and ensure that the directions of the Tribunal referred to hereinabove are being observed in strictness, namely, the Tribunal has directed that there shall be no concrete or construction or repair material work at least within one meter radius of the trunk of trees. All paving tiles, road construction material etc. shall be removed within a one meter radius of the base of trees to ensure that rain water seeps through to the roots of the trees. Trees that have died or are beyond restoration or revival shall be replaced with adequate species of trees.
9. The Committee shall ensure that the directions given hereinabove are duly carried out during the forthcoming monsoon season and file an affidavit of compliance before the Ld. Registrar, National Green Tribunal, Eastern Zone Bench, Kolkata, by 11.09.2023.”
3. In compliance of the directions of the Tribunal dated 07.07.2023, affidavit dated 28.09.2024 has been filed on behalf of the Deputy Commissioner, East Singhbhum, Jamshedpur, Government of Jharkhand wherein it is stated that the Deputy Commissioner, East Singhbhum vide his letter dated 25.03.2024, has directed the Tata Steel Ltd. to comply the order of the Tribunal. It is stated that the General Manager, Town O&M, Tata Steel Utilities and Infrastructures Services Ltd. vide his letter dated 08.08.2024 has informed that they have conducted survey and found that around 2031 trees, paver tiles/concrete are present within one meter radius of the base/girth of the trees and therefore action has been initiated for removal of paver tiles/concrete and already the paver tiles/concrete have been removed from the base/girth of 177 trees. It is also stated that there are some trees which ar