Item No. 08 BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONE BENCH, BHOPAL (Through Video Conferencing)

Original Application No. 184/2023(CZ)

Amit Sethi Applicant(s)

Vs.

State of Madhya Pradesh & Ors. Respondent(s)

Date of Hearing: 23.04.2024 CORAM : HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER For Applicant(s): None.

For Respondent(s) : Mr. Prashant M. Harne, Adv.

(Mr. Mehul Bhardwaj, Adv.)

Mr. Pranjal Pandey, Adv.

(for Ms. Parul Bhadoria, Adv.)

ORDER

1. T he issue raised in this application is cutting of more than 98 green trees for the construction of Khachrod‟s Government Higher Secondary School as a new C.M. Rise School Building without the permission of the Forest Department. The submission of the applicant is that the construction can be raised without the cutting of the trees or minimum damage to the trees and green belt of the area which may be useful in future for the school also and that the authority must have to take requisite permission from the Forest Department with condition of minimum ten times of plantation of trees which are being damaged by the school authorities for construction of the school.

2. This Tribunal took the cognizance of the matter on 21.12.2023 and a joint committee consisting representative of the District Magistrate, Ujjain, DFO, Ujjain and one representative from the State Pollution Control Board, Madhya Pradesh was constituted with direction to submit the factual and action taken report.

3. The members of the committee visited the site and submitted the report with the following facts :-

“The committee visited to get factual status regarding the issues mentioned in the petition and collected information as under:

i. Principal Govt. C.M. Rise Excellence Higher Secondary School, Khachrod, has written letter to S.D.O Revenue ( ) Khachrod to get permission to cut अनुविभागीय अधिकारी

several trees of the proposed site of Govt. C.M. Rise Excellence Higher Secondary School, Khachrod, vide their letter no. 134 dated 06^th October 2023.

ii. Similarly Principal Govt. C.M. Rise Excellence Higher Secondary School, Khachrod, has written letter to C.M.O, Nagar Pallika Parishad, Khachrod to get permission to cut several trees of the proposed site of Govt. C.M. Rise Excellence Higher Secondary School, Khachrod, vide letter no 151 dated 01^st November 2023.

iii. On dated 28^th November 2023 a joint inspection was done by Kasba Patwari, Gram Kotwar and villagers of Gram Kasba Khachrod to comply the order of Tehsildar vide their order dated 25th October 2023 regarding cutting of total 98 trees of different species as demanded by Principal Govt. C.M. Rise Excellence Higher Secondary School, Khachrod for the proposed site of CM Rise School. The Panchnama proposed to get permission from Forest department in this regard.

iv. On dated 21^st December 2023, Principal Govt. C.M. Rise Excellence Higher Secondary School, Khachrod again wrote letter to B.D.O Revenue ( ) Khachrod to get अनुविभागीयअधिकारी

permission for cutting of 42 Trees from the proposed site and to transplant 28 trees from the proposed site to elsewhere.

v. S.D.O Revenue ( ) Khachrod wrote अनुविभागीयअधिकारीराजस्ि

to Deputy Ranger, Forest Department, Khachrod vide their letter no. 958 dated 12-12-2023 to major the length and diameter of 98 green trees of proposed C.M. Rise School Site.

vi. Team of Forest department inspected the proposed site on dated 22nd December 2023 and marked 73 green trees and measure length diameter & cost species wise & report submitted to S.D.O Revenue ( )

अनुविभागीय अधिकारी राजस्ि

Khachrod vide Forest Department letter no. 7124 dated 25 December, 2023. During inspection Panchnama has also been prepared separately by C.M. Rise School, Khachrod.

vii. A order has been issued by Upper Collector, District- Ujjain vide their order no. 380 dated 09.01.2024 on basis of recommendation of S.D.O Revenue (

अनुविभागीय अधिकारी

) Tehsildar, Tehsil- Khfachrod for cutting of 79 trees for राजस्ि

the proposed site Govt. C.M. Ris