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2024 Supreme(Online)(NGT) 5128

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
PRAKASH SHRIVASTAVA, CJ, SUDHIR AGARWAL, J, DR. A. SENTHIL VEL, EM, DR. AFROZ AHMAD, EM
Tejasvi Minhas – Appellant
Versus
Public Works Division – Respondent
Original Application No. 1208/2024



Advocates:
For the Appellants/Petitioners: Mr. Tejasvi Minhas
For the Respondents: Mr. Shubham Bhalla, Ms. Neha Verma

The court upheld that proper procedure was followed in tree removal and afforested 100 new trees for every 20 cut, ensuring environmental compliance.

Headnote:(A) Environmental Law - Tree Preservation Policy for Non-Forest Government and Public Lands, 2024; Joint Committee Procedures - The complaint is related to illegal felling of trees for the construction of a hospital. Allegations were investigated by a joint committee which found procedural adherence in tree removal and plantation of new trees. The viability of new plantings must be monitored. (Paras 2, 3, 7, 9)

(B) Findings of Court - The court found that the assessment of trees was properly conducted and the trees cut were not heritage trees. The tree replacement policy was adhered to by planting 100 trees in lieu of 20 cut, as directed by the Divisional Forest Officer. (Paras 2.1, 6, 8)

(C) Issues - The main issues were whether due process was followed in tree felling and the assessment of tree value, it was concluded that there were no heritage trees and procedures were duly followed. (Paras 1, 4, 7)

(D) Result - The joint Committee will monitor the survival of newly planted trees and report back to the Tribunal. The case is disposed of.

Table of Content
1. complaint regarding illegal felling of trees. (Para 1 , 2 , 3)
2. assessment and compliance with tree preservation protocols. (Para 4 , 5 , 6)
3. court observations on procedural adherence. (Para 7 , 8)
4. monitoring survival of newly planted trees. (Para 9 , 10)
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ORDER

1. In this Original Application (OA) the complaint of the Applicant is in respect of illegal felling of 20 heritage trees in the premises of Civil Surgeon Office, Jalandhar. The applicant has pleaded that the Government of Punjab had ordered demolition of old Civil Surgeon Office building to make a new 100-bedded Critical Care Unit. The Applicant alleges that there were 20 old trees existing in the premises which have been cut without permission.

2. The Tribunal, considering the grievance of the applicant, by order dated 03.10.2024 while issuing notice in the OA had also appointed a joint Committee comprising of the representative of the Member Secretary, CPCB, RO, MoEF&CC, representative of PCCF (HoFF), Mohali and District Magistrate, Jalandhar with a direction to the Committee to visit the site, ascertain the truthfulness of the allegations made by the applicant, persons responsible for cutting the trees and also mechanism existing in the State of Punjab to prevent felling of trees in the non-forest area. In the committee, District Magistrate, Jalandhar was made the nodal agency. The joint Committee has submitted the report and findings of the Joint Committee in the report is as under:-

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“2.1. Findings of the Joint Committee:

1. During visit, committee observed that the excavation work of the site has been completed.

2. The area is enclosed with boundary walls and buildings. There are no standing trees in this enclosed area, 3. The Provincial Division Punjab PWD B&R Br. Jalandhar, is the executing Authority at the subject site of 100 bedded Critical Care Block.

4. The site of Critical Care Block is situated at geo-coordinates (Latitude 31.32700 and Longitude 75.57405) in the Civil Hospital near Jyoti Chowk. Jalandhar. The site was carlier used as the Civil Surgeon Jalandhar Office, which has been demolished now for the construction of the Critical Care Block.

5. During the visit, the Executive Engineer was requested to submit the permission obtained regarding the cutting of trees and the Divisional Forest Officer was requested to submit the permission granted in this regard.”

3. The joint Committee had also visited the site and observation of the Committee on the site visit is as follows:-

“3.0 Site Visit for gathering relevant information and interaction with the complainants:

After the site visit on dated 09.12.2024, a meeting was held under the chairmanship of Deputy Commissioner Jalandhar, in his office, on dated 12-12-2024 which was attended through video conference by the other members of the joint committee. The Executive Engineer Provincial Division from the executing agency. the Divisional Forest Officer and the complainant- Mr Tejasvi Minhas were also present in this meeting.

List of officials/ complainants present during this meeting is enclosed herewith as "Annexure-III. During discussions with officials of PWD Department Jalandhar and Divisional Forest Office Jalandhar it was understood that the work of "Construction of 100 bedded Critical Care Block at Civil Surgeon Office distt. Jalandhar (Punjab) (basement+4 storey) under scheme PM-ABHIM" XEN, PWD further informed the committee that the Director Health and Family Welfare Department Punjab vide letter No. HWC 054-62 DATED 24.03.2024 has directed to remove trees from the sites of Critical Care Blocks to be constructed in various districts of Punjab. Accordingly, the Chief Engineer South cum Nodal Officer Buildings Punjab PWD BAR Patiala vide letter No. 1491- 1503 dated 27.03.2024 directed the concerned Executive Engineers of PWD for cutting of standing trees and utility shifting for the construction of Critical Care Block in various districts of Punjab. As per the directions of Health and Fa

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