Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 3942

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
HON’BLE MR. SUDHIR AGARWAL, J, HON’BLE DR. AFROZ AHMAD, ACJ
Hardeep Sharma – Appellant
Versus
Ramash Chand Aarya – Respondent
Original Application No. 147/2024 (IA No. 561/2024)

For the Appellants/Petitioners: None
For the Respondents:Mr. Deepak Bora, Advocate for State of Uttarakhand, Mr. Mukesh Verma, Ms. Vatsala Tripathi, Advocates for UKPCB, Mr. Pinaki Misra, Senior Advocate with Mr. Siddharth Arora, Mr. Gaurav Kumar, Advocates for Respondent no. 6

The 'Polluter Pays' principle mandates parties involved in illegal environmental harm to compensate for damages, ensuring restoration and compliance with environmental laws.

Headnote:(A) National Green Tribunal Act, 2010 - Environment (Protection) Act, 1986 - Bio Diversity Act, 2002 - Illegal felling of trees - Application filed alleging unauthorized removal of over 1100 trees despite permission for only 150 - Joint Committee recommended action against illegal cutting, reporting a fine for only 88 trees - Tribunal emphasized on the polluter pays principle for environmental compensation - UKPCB directed to compute damages for illegal felling. (Paras 1-89)

(B) Environmental Compensation - Imposition of compensation for damage due to illegal activities following 'Polluter Pays' principle - Necessary for restoration and prevention of such acts - Framework established for assessment and collection of environmental compensation. (Paras 36-87)

Facts of the case:
Applicant filed a complaint regarding the illegal cutting of trees for a colony's construction without appropriate permissions, reporting significant discrepancies in tree removal versus authorized limits.

Findings of Court:
Tribunal acknowledged the extensive illegal tree removal and directed UKPCB to take charge of assessing environmental damages and applying the necessary penalties.

Issues: The main issues included determining responsibility for illegal felling of trees and ensuring compliance with environmental laws.

Ratio Decidendi: The Tribunal reinforced the application of the 'Polluter Pays' principle, establishing that responsible parties must compensate for the illegal environmental harm caused, with UKPCB tasked to execute the framework for environmental compensation effectively.

Result: The application was disposed with directions towards environmental compensation and accountability.

Table of Content
1. illegal felling of trees requires permission. (Para 1 , 2 , 18)
2. application for tree felling permissions submitted. (Para 5 , 6 , 7 , 8 , 9 , 10)
3. inspection reports indicate illegal felling. (Para 12 , 19 , 22)
4. environmental compensation framework established. (Para 24 , 26 , 28)
5. polluter pays principle applies to environmental damage. (Para 36 , 41 , 43)
6. environmental risks due to illegal tree felling must be addressed. (Para 37 , 58 , 59)
7. order for assessment and action on environmental compensation. (Para 87 , 88 , 90)

ORDER

1. This Original Application (hereinafter referred to as ‘OA’) was registered on a complaint made by Hardeep Sharma, Rashtriya Maha Sachiv, Jai Maa Bharti, Samajik, Hanuman Nagar, Fasiyapur, Dariyal Road, Kashipur, District Udham Singh Nagar, complaining about illegal cutting of about 1100 green trees for construction of colony, and carving out plots at Kashipur. Though permission was obtained for cutting of only 150 trees but much more have been removed. Complainant has said that in 150 bigha land at villages Chandpur, Pratappur, Kashipur of District Udham Singh Nagar, an illegal colony is being developed for plotting wherein there are about 1100 green trees. Nakul Kumar Gupta, Sudhir Kumar Gupta and Manish Kumar Gupta, R/o Chandpur, Kashipur, Udham Singh Nagar had obtained permission for felling of 150 trees but presently have already cut more than 600 trees. Forest Department, however, has closed matter by charging penalty only against 88 illegally removed trees. On land in question, boundary wall and roads are being constructed. Inspection was made by Joint Committee constituted by Chief Horticulture Officer vide order dated 12.08.2022 and in its inspection report dated 19.12.2022, it stated that trees should not be allowed to be fallen. Permission for felling of 150 trees was given but as per inspection report dated 24.05.2023, 579 trees have been fallen and penalty should be recovered for 648 trees but no appropriate action has been taken.

2. Tribunal looked into the complaint on 15.02.2024 and after being prima facie satisfied that a substantial question relating to environment has arisen out of implementation of enactments specified in Schedule I of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) particularly, Environment (Protection) Act, 1986 (hereinafter referred to as ‘EP Act, 1986’) and Bio Diversity Act, 2002 (hereinafter referred to as B D Act, 2002’), found it appropriate to implead State of Uttarakhand through Chief Secretary, Government of Uttarakhand; Divisional Forest Officer, Udham Singh Nagar; Uttarakhand Pollution Control Board through Member Secretary; and District Magistrate, Udham Singh Nagar as respondents 11 to 14 in addition to respondents already impleaded as 1 to 10.

3. Notices were issued to all the respondents giving them opportunity to file their responses.

4. Tribunal also found it appropriate to obtain a factual Report for verification of facts stated in the OA and also for suggesting appropriate remedial action and thus constituted a Joint Committee comprising representatives of Central Pollution Control Board (hereinafter referred to as ‘CPCB’); Divisional Forest Officer, Udham Singh Nagar; Uttarakhand State Pollution Control Board (hereinafter referred to as ‘UKPCB’); and District Magistrate, Udham Singh Nagar. Committee was required to submit its Report within two months.

5. Pursuant to above order, Joint Committee submitted Report dated 21.05.2024 stating that on land at Khata number 00027, 00125, 00126 and 00208, total area 9.910 hectare, a complete boundary wall has been raised. In the centre of above land, there is an old residential house of owner which has been separated by boundary wall. RCC roads of 60 feet, 35 feet and 25 feet have also been constructed and on two plots, construction of residential house was found. On the said land, several trees of Aam, Leechi, Nashpati were found standing. Prior