2024 Supreme(Online)(NGT) 4546

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

Environmental compensation for illegal tree felling, distinct from forest penalties, must be levied by pollution control boards under 'Polluter Pays' for ecological restoration, applicable to forest/non-forest areas via scientific methodology.

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 4, 5, 10 - Illegal tree felling - Distinction between forest penalties for statutory violations and environmental compensation for ecological damage under 'Polluter Pays' principle - Penalty by forest authorities addresses non-compliance with permission requirements or timber value on public land; environmental compensation by pollution control boards separately assesses restoration costs for damage to air, water, soil, biodiversity from tree loss, applicable uniformly to forest/non-forest areas - Compensation must be restorative, deterrent, punitive; computed via factors like tree size, species, condition, age, location - Statutory regulators empowered via directions under environmental laws to levy post-hearing. (Paras 35-55, 80-83)

(B) 'Polluter Pays' Principle - Integral to environmental jurisprudence; violators liable for remediation costs of damaged environment from illegal acts like tree felling, beyond statutory fines - Recognized in precedents; ensures financial burden not shifted to taxpayers, promotes sustainable practices balancing development/conservation. (Paras 38-49)

Facts of the case:
Letter petition registered as OA alleging illegal tree cutting using machinery and muck dumping on agricultural land during road construction on non-forest private land. Joint Committee found initial violations including pre-permission road cutting, alignment changes without central approval, leading to tree damage; in-principle forest diversion approval suspended. Forest cases registered, penalties recovered from contractor; revised alignment/proposal submitted. Core issue: environmental damage from 129 illegally felled trees requiring compensation beyond forest fines.

Findings of Court:
Illegal tree felling caused environmental harm necessitating separate compensation; pollution control board to compute/levy using finalized methodology after hearings within 3 months, utilize for restoration per joint plan; road project violations resolved via fresh proposal process.

Issues: (i) Whether environmental compensation distinct from/additional to forest penalties for illegal tree felling; (ii) Scope of 'Polluter Pays' for ecological restoration in non-forest areas; (iii) Pollution control board's role in assessment despite no prior mechanism.

Ratio Decidendi: Tree felling damages environment (biodiversity loss, erosion, carbon emissions, water disruption, air deterioration) uniformly across lands; forest penalties ≠ ecological remediation - latter mandatory via 'Polluter Pays', computed scientifically, deterring violations while funding restoration.

Result: OA disposed; pollution control board directed to assess/recover environmental compensation by 15.03.2025, implement restoration plan; compliance reports required.

Table of Content
1. ngt registers oa on illegal tree felling complaint. (Para 1 , 2 , 3)
2. joint committee finds road approvals, violations in tree cutting. (Para 4 , 5 , 8 , 9 , 12 , 14 , 16 , 17 , 21 , 22 , 23 , 24 , 27 , 28 , 29 , 30 , 31)
3. tribunal impleads parties, directs reports and meetings. (Para 6 , 7 , 10 , 11 , 15 , 18 , 19 , 20 , 25 , 26)
4. polluter pays principle applies to illegal tree felling. (Para 32 , 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 on non-forest land. (Para 56 , 57 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77 , 78 , 79 , 80 , 81 , 82)
6. direct ukpcb to compute environmental compensation. (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 to as ‘NPV’) and compen

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