Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 4682

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

For the Appellants/Petitioners: None
For the Respondents:Mr. Deepak Bora, Advocate for State of Uttarakhand
Mr. Mukesh Verma and Ms. Vatsala Tripathi, Advocates for UKPCB (through VC)
Mr. Somesh Chandra Jha, Ms. Saumya Dwivedi and Mr. Akash Kishore Advocates for Respondent No. 6

Forest penalties for illegal tree felling address statutory violations; separate environmental compensation under 'Polluter Pays' required from pollution control board for ecological damage remediation.

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 in non-forest area - Distinction between forest penalty for statutory violation and environmental compensation for ecological damage under 'Polluter Pays' principle - Penalty by forest authorities addresses non-compliance with tree felling permissions; environmental compensation by pollution control board required for remediation of environmental harm from deforestation - Factors for compensation assessment include tree girth, species value, condition, age, location - Compensation to fund restoration plan (Paras 35-55, 80-85)

(B) Environmental Law - 'Polluter Pays' Principle - Damage from tree removal affects air, water, soil, biodiversity, climate regulation - Statutory regulators must impose compensation beyond fines for restoration, deterrence (Paras 36-55)

Facts of the case:
Letter petition registered as Original Application alleging illegal tree cutting using machines 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, unapproved alignment change. In-principle forest clearance suspended; violations admitted; cases registered under forest laws; penalty recovered from contractor for 129 trees.

Findings of Court:
Illegal felling caused environmental damage warranting separate compensation under 'Polluter Pays'; pollution control board to compute using finalized methodology, recover within 3 months; amount for restoration plan by joint committee.

Issues: Whether environmental compensation distinct from forest penalties for illegal tree felling; obligation of pollution control board to assess ecological remediation costs.

Ratio Decidendi: Tree felling penalties address statutory breaches; environmental compensation under 'Polluter Pays' compensates ecosystem damage (habitat loss, erosion, carbon release, water disruption), mandatory by pollution regulators for restoration and deterrence.

Result: Application disposed directing computation, recovery of environmental compensation; compliance by 15.03.2025.

Table of Content
1. ngt registration of environmental complaint. (Para 1 , 2)
2. joint committee verifies road project approvals. (Para 3 , 4 , 5)
3. responses confirm approvals and compensatory afforestation. (Para 6 , 7 , 8 , 9 , 12 , 13 , 14)
4. applicant's prior civil suit dismissed. (Para 10 , 11)
5. violations of fc act stage-i approval reported. (Para 15 , 16 , 17 , 18)
6. joint meetings address alignment violations. (Para 19 , 20 , 25 , 26)
7. actions against violators and revised proposals. (Para 21 , 22 , 23 , 24 , 27 , 28 , 29)
8. forest cases registered for illegal tree felling. (Para 30 , 31 , 32 , 33)
9. distinction between forest penalty and ec. (Para 34 , 35 , 36 , 37 , 38 , 39)
10. polluter pays principle established in jurisprudence. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47)
11. environmental impacts of illegal tree felling. (Para 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55)
12. uppt act regulates non-forest tree felling. (Para 56 , 57 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77 , 78 , 79)
13. ec required for environmental damage beyond penalties. (Para 80 , 81 , 82 , 83)
14. direct ukpcb to compute and recover ec. (Para 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

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2024 Supreme(Online)(NGT) 4682

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

Forest penalties for illegal tree felling address statutory violations; separate environmental compensation under 'Polluter Pays' required from pollution control board for ecological damage remediation.

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