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2025 Supreme(Online)(NGT) 1607
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Justice Sheo Kumar Singh, J, Dr. Afroz Ahmad, EM
Mahendra Pratap Singh Chauhan – Appellant
Versus
State of M.P. – Respondent
Original Application No.183/2023(CZ)
For the Appellants/Petitioners:
For the Respondents: Mr. Prashant M. Harne, Adv., Mr. Mehul Bhardwaj, Adv., Mr. Pranjal Pandey, Adv., Ms. Parul Bhadoria, Adv.
Forest authorities are held accountable for ensuring the protection of forest land and compliance with legal statutes regarding tree cutting and land demarcation.
Headnote:(A) Indian Forest Act, 1965 - Section 4(1) - Encroachment of forest land and unauthorized tree cutting - Grievance by applicant regarding loss of forest property and environmental harm - Joint Committee's site visits report indicating illegal logging and negligence by forest department officials - Recommendations for expediting demarcation processes and enhancing forest vigilance. (Paras 1-9)
(B) Negligence - Determination of culpability among forest officials for enabling tree cutting activities - Legal actions taken against offenders and calls for reevaluation of protective measures for forest areas. (Paras 7-8)
Facts of the case:
The complaint lodged addresses unauthorized cutting of trees in forest areas near Kuno National Park with claims of environmental degradation and statutory breaches by local authorities.
Findings of Court:
Joint Committee discovered no large-scale tree felling in specified spots; however, numerous forest crime cases were logged with fines imposed on violators and active measures recommended for forest land protection.
Issues: The court addressed the accountability of the forest department in monitoring and preventing tree felling and the adequacy of measures to define forest boundaries.
Ratio Decidendi: The Tribunal emphasized ongoing and future legal frameworks mandated for tree protection and proactive measures to supervise forest lands, underscoring the necessity for competent action by authorities to uphold environmental laws.
Result: Application dismissed with orders to implement protective measures.
| Table of Content |
|---|
| 1. unauthorized tree cutting affecting environment. (Para 1 , 2) |
| 2. joint committee formed to assess tree cutting. (Para 3) |
| 3. examination of evidence shows illegal activities. (Para 4 , 6) |
| 4. legal accountability and action recommendations. (Para 7 , 8) |
| 5. final orders for forest protection measures. (Para 9) |
ORDER
1. Grie vance of the applicant is encroachment of the forest land and cutting of the green trees in Tehsil - Karahal, District – Sheopur, M.P. without any authority from the Forest Department, causing loss to the property of the State and affecting the environment.
2. The applicant has further stated that he has been the Chairman of the Forest Service Committee till date and informed the matter to the department for taking action about the cutting of the trees in 100 of numbers from the forest area adjacent to Kuno National Park but no action has been taken by the authorities concerned.
3. The matter was taken up by this Tribunal on 21.12.2023 and a committee was constituted to submit the factual and action taken report.
4. In compliance thereof the Members of the Committee visited the site and submitted the report as follows : Proceeding of the Joint Committee
1. The members of joint committee discuss the matter in brief and found that the grievances highlighted by the complainant in his complaint is not small area specific but it involves total forest area of Karahal Tehsil of District Sheopur. So joint committee called upon the complainer Shri Mahendra Pratap Singh Chauhan to spotify the locations where forest area are being cut. The complainer took the joint committee members to two places which are about 1-2 km away from the village Richhi. At these spots about 15 to 20 tress were found cut. Demolition of trees was not observed in large extent. (Photographs taken during inspection is attached as per Annexure-1). Complainer told that there are so many spots in the forest area where tree cutting has happened which are away from these spots.
2. In the matter of tree cutting Sub Division officer, Forest Department Karahal, District Sheopur who is also a member of joint committee told that visited part of the area belongs to forest Block Richhi of Karahal range. In this block 63 trees were cut in the year 2023 for which 7 forest crime cases were registered and a fine of Rs. 3340/- was collected from the criminals and guilty employees and legal action was also taken. It is also informed by Sub Division officer, Forest Department Karahal that Forest Range Karahal, Forest Range Baroda, two sub range of Sheopur range and two sub range of Budera range comes under Tehsil Karahal. In the year 2023 about 577 trees were found to be cut illegally in these forest range areas for which 116 forest crime cases were registered by the Forest Department. And legal action has been taken including imposing of fine of Rs. 84270/-, which was recovered from the criminals and guilty employees. Information submitted by Forest Department by letter dated 15.02.2024 is attached as Annexure-2.
3. This area visited by the joint committee with complainer are not adjacent to the border of Kuno Forest. The distance of Kuno Forest is about 17 km away from the village Richhi.
4. The area for which complainant was concerned and visited with Joint Committee has been raised is comes under the Forest & Revenue department. As per Sub Divisional Officer, Forest Department Some part of Richhi village is declared as the reserved forest block under section 4 (1) of Indian Forest Act 1965. Proceeding in this regard including land demarcation is pending at the office of the Forest Management Officer / Sub Divisional Officer Revenue Karahal.
5. Sub Divisional Officer, Forest Department Karahal informed that forest department regularly supervise the whole forest area according to pre decided forest map for forest area protection and maintenance. For illegal tree cutting cases legal action has been regularly taken by department against the criminals & guilty
