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2024 Supreme(Online)(NGT) 4302
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
SHEO KUMAR SINGH, J, DR. A SENTHIL VEL, ACJ
Sanidhya Jain – Appellant
Versus
Bhopal Municipal Corporation – Respondent
Original Application No.114/2024(CZ)
For the Applicant(s): Mr. Udit Singh Parihar, Adv., Mr. Sanidhya Jain – in person
For the Respondent(s): Ms. Gunjan Chowksey, Adv., Ms. Disha Chouksey, Adv., Mr. Prashant M. Harne, Adv., Mr. Om Shankar Shrivastav, Adv., Ms. Parul Bhadoria, Adv.
Court emphasizes sustainable development in infrastructure projects, mandating compensatory afforestation to maintain ecological balance.
Headnote:(A) Environmental Protection Act - Sustainable Development - Tree cutting for road construction - Application filed against illegal felling of 132 trees affecting flora and fauna, air quality, and water retention - Court emphasizes importance of sustainable development and ecology protection in construction projects. (Paras 1-13)
(B) Compliance with Environmental Guidelines - Direction to ensure minimal tree cutting with compensatory afforestation at a ratio of 10 times, with oversight from environmental authorities. Importance of ecological balance and maintenance of biodiversity highlighted amidst infrastructural development pressures. (Paras 2, 3, 11, 12, 13)
Facts of the case:
The applicant filed against tree felling initiated for road construction, asserting significant environmental and ecological impacts, supported by scientific evidence on the need for trees for clean air and water retention. Issues of illegal tree cutting without proper permissions were raised.
Findings of Court:
Tribunal directed responsible authorities to reconsider the tree cutting plans, ensure adherence to sustainable practices, and mandated afforestation requirements.
Issues: The central issue was environmental protection versus infrastructural development, assessing the legality and ecological impact of proposed tree felling.
Ratio Decidendi: The Tribunal reinforced that cutting of trees without proper examination and approval violates environmental laws, emphasizing responsibility towards ecological stability and the necessity of compensation through afforestation.
Result: Application disposed of with directives ensuring minimal environmental impact.
| Table of Content |
|---|
| 1. impact of tree felling on local ecology. (Para 1 , 2 , 3) |
| 2. legal compliance regarding environmental protection. (Para 5 , 6) |
| 3. afforestation as compensatory measure. (Para 7) |
| 4. city's air quality and ecological balance considerations. (Para 8 , 9 , 10) |
| 5. tribunal's directives for sustainable development. (Para 11 , 12 , 13) |
ORDER
1. The Executive Engineer, Division No. 1, Capital Region, Public Works Department, Bhopal vide letter dated 02.04.2024 has initiated the process of cutting and felling of more than 132 number of trees for the road construction from Swarna Jayanti Park, Bawariya, Kala, Tiraha to Kolar Road and aggrieved by the cutting of the trees the applicant a law student filed this application with the grievance that illegal felling of these trees will destroy the Flora and Fauna, adversely contaminate the ground water and severely affect the air quality of the city which gradually result in decreased capacity of water retention could lead to future raging of flood in the city and submitted that development must be in consonance with the fundamentals of sustainable development.
2. It is further submitted that in the process of photosynthesis, phytoplankton release oxygen into the water. Half of the world's oxygen is produced via phytoplanktonphotosynthesis. The other half is produced 2 via photosynthesis on land by trees, shrubs, grasses, and these trees support a wide variety of Eco-System.
3. The submission of the applicant on the basis of scientific evidence is that trees are the hope for mankind, heals the roots of our lives, making the human existence come true by providing the most essential element of life, the Oxygen. In addition to this, by felling such huge number of adult trees, which takes several decades to grow, an injustice is caused not just to the present generation of humans but also to the future generations of humans and all other living beings dependent on the eco-system.
4. The rate of green cover loss in Bhopal is alarming. As per government data, the forest cover alone has shrunk 25% from 2017 to 2019. Upper lake was created by Rajabhoj in 11th century CE by constructing an earthen dam across the Kolans river, and the lower lake was constructed nearly 200 years ago, largely from the overflow of water from upper lake. It was way back in 2002- 2003 the government had proposed a bird sanctuary around Bhoj wetland for conservation of 17 lacs trees and bird species. It has not been implemented till date. As per India State of Forest Report (ISFR) 2019, forest/green cover in Bhopal has decreased by 25.33%. Nearby Vidisha and Sehore districts too lost forest cover by 25.54% and 46.10% respectively compared to 2017. Taking reliance of M.K. Ranjitsinh & Ors. Vs. Union of India & Ors., W.P. (C) No. 838/2019, decided on 21.03.2024, the applicant has prayed for directing the respondents to refrain from the arbitrary felling of trees in the area of Shahpur and to find out an alternate method for construction of the road which does not include the mindless felling of trees, in a sustainable manner.
5. The matter was taken up by this Tribunal on 09.05.2024, a committee consisting representative of the Principal Chief Conservator of Forest, Bhopal and one representative of MPPCB was constituted with direction to submit the factual and action taken report. The committee has filed the report with the following facts:-
“Background : Ministry of Road Transport and Highway of India New Delhi has sanctioned four lane Cement Concrete Road from Saithan Singh Chaouraha, Shahpura Bhopal to Kolar Road Via Manisha Market, Bansal Hospital, Swaran Jyanti Park, Bawadia Tiraha. Executive Engineer Construction division no. 1 Capital Project Administration Bhopal has sought permission to cut 132 Trees from Superintended Horticulture Department Nagar Nigam Bhopal. Vide Letter dated 23.01.2024. For cutting tree 132 has Executive Engineer Construction division no. 1 Capital Project Administration Bhopal deposited
