Hardeep Sharma vs Ramash Chand Aarya - 2024 Supreme(Online)(NGT) 3942

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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

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

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 th