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2024 Supreme(Online)(NGT) 5029

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
ARUN KUMAR TYAGI, J, DR. AFROZ AHMAD, ACJ
Kanvaljeet and Anr. – Appellant
Versus
State of Punjab and Others – Respondent
Original Application No.1129/2024



Advocates:
For the Appellants/Petitioners: None
For the Respondents: None

The Tribunal emphasized adopting a comprehensive tree preservation policy for managing non-forest government lands in Punjab.

Headnote:(A) National Green Tribunal Act, 2010 - The Tribunal initiated suo moto proceedings regarding illegal cutting of trees based on a letter petition - A Joint Committee was constituted to investigate the matter, confirming only dead trees were cut following proper resolution by the Parents Teacher Association - The Tribunal approved the adoption of the Tree Preservation Policy for Non-Forest Government and Public Lands, 2024 in Punjab to ensure environmental sustainability. (Paras 1, 3, 9).

(B) Environmental Protection - The need for protective legislation regarding tree cutting and maintenance of green areas was emphasized, suggesting a comprehensive policy to govern tree felling and preservation across state lands. (Paras 6, 8).

Table of Content
1. investigation initiated for tree cutting complaint. (Para 1 , 2 , 3)
2. need for effective legislation on green maintenance highlighted. (Para 4 , 5 , 6 , 8)
3. final directives issued for policy implementation and further action. (Para 9 , 10 , 11)
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ORDER

1. Kanvaljeet Singh son of Jaspal Singh and Jaswant Singh son of Shri Ram Singh have sent letter petition dated 19.01.2024, which has been treated as original application and registered as O.A. No. 1129/2024, complaining about illegal cutting of trees from the Government Senior Secondary School, Sherpur Kalan, Tehsil Jagraon, District Ludhiana, Punjab by Mr. Vinod Kumar posted as Principal thereof.

2. This Tribunal, vide order dated 14.11.2024, took cognizance in exercise of suo moto jurisdiction in view of law laid down by Supreme Court in Municipal Corporation of Greater Mumbai Versus Ankita Sinha and Others, (2022) 13 SCC 401 and constituted a Joint Committee comprising of the District Magistrate, Ludhiana; the Divisional Forest Officer; Ludhiana; and Punjab State Pollution Control Board with direction to visit the site and find out whether trees have been cut illegally and submit its factual report within one month.

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3. In compliance thereof report dated 13.12.2024 of the Joint Committee has been filed. The relevant part of the report is reproduced below:-

REPORT OF THE JOINT COMMITTEE

(Constituted by the Hon’ble National Green Tribunal vide order dated 14.11.2024 passed in Original Application No. 1129 of 2024 Kanavljeet and Anr. v/s State of Punjab)

X X X X

Compliance of Order dated 14.11.2024 passed by the Hon’ble National Green Tribunal

That in compliance of orders dated 14.11.2024 passed by the Hon’ble National Green Tribunal, Deputy Commissioner, Ludhiana has requested Sub-Divisional Magistrate, Jagraon vide letter no. 25543-45/M.A dated 28.11.2024 to verify the factual positions. A copy of letter no. 25543- 45/M.A dated 28.11.2024 alongwith its translation in English is attached herewith as Annexure-A. Further, the Sub- Divisional Magistrate, Jagraon issued letter vide no. 1731-32 dated 03.12.2024 to Divisional Forest Officer, Ludhiana and Punjab Pollution Control Board, Ludhiana to visit the Senior Secondary School, village Sherpur Kalan, Tehsil Jagraon, District Ludhiana and submit the report. A copy of letter no. 1731-32 dated 03.12. 2024 alongwith its translation in English is attached herewith as Annexure-B. Visit carried out by the Joint Committee: 03.12.2024

1. That in compliance of the orders dated 14.11.2024 of the Hon’ble Tribunal, visit to the site under question was undertaken by the members of the Joint committee on 03.12.2024. During visit, it was observed that the school is a Government Senior Secondary School established in the year 1952 on the land owned by "Baba Nand Singh khalsa High School Sherpur Kalan". Copy of Jamabandi showing ownership of the land area on which school exists along- with its translation in English is attached herewith as Annexure-C.

2. The School Authorities informed that only 04 dead trees were cut in the year 2021 & 2022 to develop a science & mathematics park in the school. At present a well- maintained mathematics park exists at site. The school authorities further informed to the joint committee that the said 04 trees were cut after passing proper resolution by the Parents Teacher Association (P.T.A) committee. Copy of resolution passed by the (P.T.A) committee along-with its translation in English is attached herewith as Annexure -D.

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3. The School Authorities had maintained thick plantation all along the boundary wall of the school as well as along internal roads. About century old 03 mango trees have also been maintained by the School Authorities. Condition of plantation in school is good.

4. Further, Range officer, Jagraon, District Ludhiana, Department of Forests and Wild Life Sanctuary, vide letter no: 435 dated 27.11.2024 has informed that the complaint site was visited by Smt. Poonam Devi, Forest Guard and

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