Cutting of trees for power projects was authorized under the Uttar Pradesh Protection of Trees Act, with compensatory planting complied as required.

Judgment

PRONOUNCED BY: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JM 1. Mr. Shyam Ji Mishra, District President, Vishva Hindu Mahasangh (Bharat) made complaints dated 08.10.2023 and 09.10.2023 on the public grievances portal of this Tribunal, which have been treated and registered as Original Application No.695/2024 for exercise of suo motu jurisdiction by this Tribunal.

2. The applicant has complained that for construction of colonies of Obra ’C’ Thermal Power Station more than 50,000 trees were cut illegally in collusion with the concerned authorities and now for Obra ’D’ Thermal Power Project about 1,00,000 trees are being proposed to be cut but no compensatory plantation activities have been undertaken by the project proponent. The letter petition dated 08.10.2023 attached with complaints dated 08.10.2023 and 09.10.2023 enumerating grievances of the applicant reads as under:

3. English translation by the Registry of the relevant part of the letter petition quoted above reads as under:-

“It is requested to inform that in the construction of Obra Ti Power Project at Obra situated in Sonbhadra district of Uttar Pradesh, more than 50,000 trees located in the colonies of Obra Project were cut but not a single tree was planted and the officials of Obra Project and Project Administration Lucknow, in connivance with the officials of NGT who came to Obra for investigation, got the construction work of the project started by showing the report as correct, which is a subject of investigation.

Sir, I also inform you that Sonbhadra district ranks second in the Uttar Pradesh in terms of pollution but the officers/employees here are involved in corruption and no attention is being paid to the pollution. On one hand, the dust under crusher fold has made life difficult for the people, and on the other hand, the scene of the walls and foundations of most of the houses in Obra being torn due to the heavy blasting being done illegally in Kashar Field can be seen by going there yourself., the matter is suppressed by colluding with the local administration and the project administration after reaching the investigation teams from the government. Therefore, it is a humble request to you that after investigating the matter in detail and taking strict action against the culprits, the Government approved ’D Project’ should not be given NOC until the trees cut in Obra ’C’ Project are replaced by all the trees planted by Obra Project and now for the newly approved Project ’D’, about 1 lakh trees are being planned to be cut in the colony area, in place of that also trees should be planted first and then the old trees should be cut. Otherwise, the applicant along with his organization will come out on the streets and will protest against the construction of the project, will start a mass movement and will be forced to seek refuge in the court.

4. Vide order dated 24.07.2024, this Tribunal constituted a Joint Committee comprising of representatives of the District Magistrate, Sonbhadra; Uttar Pradesh Pollution Control Board; Divisional Forest Officer, Sonbhadra and integrated Regional Office, Ministry of Environment, Forest and Climate Change, Lucknow with direction to visit the site, interact with Project Proponent as also with complainant collect relevant information and submit a factual report within one month.

5. In compliance thereof, the report dated 30.08.2024 of the Joint Committee has been submitted by Mr. U.K. Gupta, Regional Officer, UPPCB Sonbhadra. The relevant part of the report reads as under:

“Joint Committee Report in pursuant to order dat