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2024 Supreme(Online)(NGT) 3359
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Afroz Ahmad, Expert Member
Krishna Pratap Singh – Appellant
Versus
MoEF&CC – Respondent
Original Application No. 41/2024(CZ)|O.A.No.09/2024 - PB
For the Applicant(s): Dr. Krishan Pratap Singh (Applicant in Person)
For the Respondent(s): Mr. Rohit Sharma, Adv., Mr. Shashank Bajpayi, Adv.
Approved national park management plans authorise Chief Wildlife Warden for infrastructure like paths and ponds without extra permissions; tree removal requires 100:1 compensatory plantation.
Headnote:(A) Wildlife (Protection) Act, 1972 - Sections 33, 35(3A) - Environment (Protection) Act, 1986 - Eco-Sensitive Zone Notification - Forest (Conservation) Act, 1980 - Construction of peripheral paths and ponds within national park for patrolling, wildlife protection, and habitat improvement as per approved management plan (2017-2027) - Chief Wildlife Warden authorised to construct roads, paths, fences, and water bodies for sanctuary security and habitat improvement without prior court permission where activities align with approved plan - Felling of trees/shrubs during such works to be minimal with compulsory compensatory plantation at 100 times ratio if necessary, under strict vigilance - No requirement for additional permission from Supreme Court or Central Empowered Committee for routine management activities under approved plan in eco-sensitive zone overlapping pollution control area, unless deviating from plan. (Paras 13, 14)
(B) Judicial Review - Scope in environmental matters - Tribunal to ensure compliance with management plans and statutory approvals rather than substituting departmental decisions - Allegations of tree felling not substantiated to extent claimed; dead/dried vegetation attributable to natural causes or minimal clearing incidental to approved infrastructure. (Paras 3, 14)
Facts of the case:
Applicant alleged unauthorised felling of approximately 500 trees/shrubs during construction of 26 km peripheral kaccha path and ponds inside national park in eco-sensitive zone and pollution control area. Joint committee inspected sites, found dead/dried vegetation but could not verify numbers claimed; forest department justified works under approved management plan for patrolling and wildlife habitat.
Findings of Court:
Works executed per approved management plan; Chief Wildlife Warden to enforce plan with minimal tree damage and 100 times compensatory plantation if required; no violations established.
Issues: Whether tree felling for peripheral path and ponds required prior Supreme Court permission via Central Empowered Committee despite approved management plan; extent of flora removal and need for restoration.
Ratio Decidendi: Activities under approved national park management plan by Chief Wildlife Warden under Sections 33, 35(3A) do not require additional permissions if for wildlife protection and habitat; compensatory afforestation mandatory at 100:1 ratio for any necessary removal, ensuring minimal ecological impact.
Result: Original Application disposed of with directions to Chief Wildlife Warden.
| Table of Content |
|---|
| 1. alleged unauthorized tree felling in national park. (Para 1 , 2) |
| 2. ttz supreme court tree felling restrictions. (Para 3 , 4) |
| 3. works authorized under approved management plan. (Para 5 , 6 , 10 , 11 , 12) |
| 4. eco-sensitive zone prohibitions and regulations. (Para 7 , 8 , 9) |
| 5. chief wildlife warden enforces management plan. (Para 13) |
| 6. direct compensatory afforestation at 100:1 ratio. (Para 14 , 15) |
ORDER
1. This original application is registered on the basis of the letter petition sent by one of the resident of Agra with the allegation of felling of number of trees and shrubs in Keoladev National Park Bharatpur, Rajasthan without permission.
2. It is stated in the petition that forest of Keoladev National Park Bharatpur has a major role in the environmental protection as it is situated on Agra – Jaipur National Highway (NH-21) in Taj Trapezium Zone (TTZ) area, specially for air pollution because of the trees and its wetland character. It is alleged that during the construction of Kaccha Path (trail) around the inside boundary wall and other ponds in Keoladev National Park, many species of native trees, in large number, have been cut in a large area of national park.
3. The matter was taken up by this Tribunal and a committee consisting Collector, Bharatpur, Rajasthan and one representative from Rajasthan State Pollution Control Board was constituted with direction to submit the factual and action taken report. In compliance thereof, the joint committee visited the site and submitted the report as follows:-
1) “Looking into the issues, a meeting and discussion was convened on 25-04-2024 in the office premises of DCF (Wild Life), Keoladev National Park, Bharatpur, with the committee members, representatives of the Forest (wild Life) and the complainant. After deliberations, it was decided then and there by the committee to inspect the area to assess the status of activity of felling of trees. Subsequently, the area under question was visited by the committee along with the complainant and representative of the Department of Forest (wild Life). After the visit of the Keoladev National Park, Bharatpur, on 25-04-2024, the applicant submitted an application on 29-04-2024 via e-mail regarding site visit dt. 25-04-2024 and requested to inspect the Keoladev National Park again to visit the remaining sites that had not been visited during the visit on 25-04-2024. Therefore, date 02-05-2024 has been decided to visit again by the committee. This report is being filed by the aforementioned Joint Committee after conducting the field visit on 25-04- 2024 and 02-05-2024. (List of participants in meetings dt. 25- 04-2024 & 02-05-2024 and applicant letter dt. 29-04-2024).
2) Background
a. Keoladev National Park:
Keoladev National Park is a forest area situated in District Bharatpur, Rajasthan. The Government of India, Ministry of Environment, Forest and Climate Change issued a draft notification for ESZ-Eco Sensitive Zone- Keoladev National Park vide Notification dt. 13-10-2015 and Final Notification declaring Eco Sensitive Zone around Keoladeo National Park issued by MOEF & CC vide Notification dated 19-07-2019. Keoladeo National Park is situated at the confluence of the Gambhir and Banganga rivers in Bharatpur district, Rajasthan (27 07 06 N - 27 12 02 N and 77 29 05 E - 77 33 09 E) spread over an area of 28.73 square kilometers. It is a low lying area in the flood plains of the rivers Banganga and Gambhir which are tributaries of river Yamuna. It is situated about 180 kilometres from Delhi, along the Delhi – Jaipur Highway, 50 kilometres from Agra, and 2 kilometers South East of Bharatpur;
This National Park, locally known as Ghana, is a mosaic of grasslands, woodlands, wood land swamps and wetlands. The National Park has significant international ecological importance and it has been declared as a Ramsar site in 1981 and a World Heritage site in 1985. The National Park is often referred to as Bird’s Paradise and acts as a major wint
