Environmental compensation under 'Polluter Pays' is distinct from forest/tree felling penalties and mandatory for ecological damage from illegal tree removal on any land; assessed by pollution regulators using tree-specific factors for restoration.

Headnote:(A) National Green Tribunal Act, 2010 - Sections 14, 15; Forest (Conservation) Act, 1980 - Sections 2, 3A, 3B; Environment (Protection) Act, 1986 - Section 2(a), 5; Uttar Pradesh Protection of Trees Act, 1976 - Sections 2, 3, 4, 5, 7, 10 - Illegal felling of trees in non-forest area - Distinct from forest penalties - Environmental compensation mandatory under 'Polluter Pays' principle for environmental damage caused by tree removal, irrespective of forest or non-forest land - Pollution Control Board to assess compensation using factors like tree size, species, condition, location, and rupee value for restoration - Separate from statutory fines or compensatory afforestation under tree protection laws. (Paras 35-55, 80-84)

(B) Polluter Pays Principle - Integral to environmental jurisprudence - Applies to remediation of damage from illegal tree felling causing habitat loss, soil erosion, climate impact, water cycle disruption - Statutory regulators empowered to levy compensation beyond penal fines for ecological restoration. (Paras 36-55)

Facts of the case:
Letter petition registered as Original Application complaining of illegal tree cutting using machinery and muck dumping on agricultural land during road construction in non-forest area. Joint Committee found initial violations including premature road cutting before tree felling permission and unapproved alignment change. In-principle approval suspended; cases registered under forest laws; contractor penalized. Road project realigned with fresh proposal; compensatory afforestation land allocated.

Findings of Court:
Illegal felling of 129 trees admitted; forest penalties and cases imposed. Environmental compensation additionally required for ecological damage. Pollution Control Board to compute and recover compensation per finalized methodology within three months; utilize for restoration plan by joint committee.

Issues: Whether environmental compensation is leviable separately from forest/tree protection penalties for damage due to illegal tree felling; appropriate authority and methodology for assessment.

Ratio Decidendi: Tree felling penalties address statutory violations; environmental compensation under 'Polluter Pays' targets restoration of damaged ecosystem (habitat, biodiversity, soil, climate, water, air) - responsibility of pollution regulators using comprehensive factors, distinct from afforestation or fines.

Result: Original Application disposed directing computation/recovery of environmental compensation within three months; restoration plan execution; compliance reports.

Table of Content
1. ngt registers oa on illegal tree felling complaint. (Para 1 , 2 , 3)
2. joint committee and responses confirm road approvals, violations. (Para 4 , 5 , 8 , 9 , 12 , 14 , 16 , 17 , 21 , 22 , 23 , 24 , 27 , 28 , 29 , 30 , 31)
3. tribunal impleads parties, directs reports on violations. (Para 6 , 7 , 10 , 11 , 13 , 15 , 18 , 19 , 20 , 25 , 26 , 32)
4. polluter pays principle applies to environmental damage. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55)
5. uppt act regulates tree felling; violations penalized separately. (Para 56 , 57 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75 , 76 , 78 , 79 , 80 , 81 , 82)
6. ukpcb assesses environmental compensation for tree felling. (Para 83 , 84 , 85 , 86 , 87 , 88 , 89 , 90 , 91)

ORDER

1. This Original Application (hereinafter referred to as ‘OA’) was registered taking cognizance of letter petition dated 17.05.2022 sent by Rasesh B Vissanji and several others, R/o of Chitai Manyoli, District Almora complaining that a 6 km road at Chitai Manyoli is proposed and in furtherance thereof one Jagdish Chauhan has started cutting off trees in an illegal manner using JCB machines and muck is being thrown/dumped on fertile agricultural land causing damage to agricultural field of farmers.

2. This letter petition was registered under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) in exercise of suo-moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai vs. Ankita Sinha, (2022) 13 SCC 401.

3. Tribunal considered complaint on 23.09.2022 and after being prima- facie satisfied that a substantial question relatino environment has arisen out of implementation of enactments specified in Schedule 1 of NGT Act, 2010, found it appropriate to obtain a factual Report verifying facts and thus, constituted a Joint Committee comprising Uttarakhand Pollution Control Board (hereinafter referred to as ‘UKPCB’); Executive Engineer Public Works Department, Almora; Divisional Forest Officer, Almora; and District Magistrate, Almora. Committee was required to submit Report within one month. Tribunal also directed that in case Joint Committee finds violation of any environmental norms and laws, it shall forward copy of its Report to concerned Project Proponents to enable them to comply with recommendations or file objections against observations/findings/recommendations contained in the report before Tribunal. Authorities were also directed to take remedial steps and submit action taken report separately within one month.

4. Pursuant to above order dated 23.09.2022, Joint Committee submitted Report dated 03.01.2023 stating that on demand of local villagers and taking into consideration sharp curves/accident prone area at Kalidhar near Chitai alternative/link road of 8 km from Chatai Pant Tiraha lo Petshal, District Almora was proposed as a part of Almora - Ghat National Highway No. 309 (B). State of Uttarakhand accorded administrative and financial approval of Rs. 200.16 lakhs for construction of above link road of 8 kms vide letter dated 28.03.2006. Presently, construction of only 3.25 km long road has been carried out. Integrated Regional Office, Ministry of Environment, Forest and Climate Change, Dehradun (hereinafter referred to as ‘IRO, MoEF&CC’), vide letter dated 17.11.2022 has accorded in principle approval of non-forest use of 2.43875 hectares land to Public Works Department for construction of Chatai to Hari Dutt Petsali lnter College Motor Marg. Alignment of road was approved by Superintendent Engineer, Public Works Department, Almora vide letter dated 22.10.2021. Villagers have also given consent for use of private land for construction of proposed road. Construction Division, Public Works Department, Almora deposited an amount of Rs.32,47,715/- towards Net Present Value (hereinafter referred

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2024 Supreme(Online)(NGT) 3743

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert MemberRasesh B Vissanji – AppellantVersusState of Uttarakhand – RespondentOriginal Application No. 614/2022

Environmental compensation under 'Polluter Pays' is distinct from forest/tree felling penalties and mandatory for ecological damage from illegal tree removal on any land; assessed by pollution regulators using tree-specific factors for restoration.

Cases Referred (6)

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Sudhir Agarwal, Judicial Member, Afroz Ahmad, Expert Member
Rasesh B Vissanji – Appellant
Versus
State of Uttarakhand – Respondent
Original Application No. 614/2022