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Item No. 09

Court No. 2

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

Original Application No. 843/2022

Rajender Kumar Bishnoi

Applicant

Versus

State of Rajasthan

Respondent

Date of hearing:

10.01.2023

CORAM:

HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER

Application is registered based on a complaint received by e-mail

ORDER

1.

This original application under Sections 14 and 15 of National Green

Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been

registered on a letter petition dated 22.06.2022 received from Rajender

Kumar Bishnoi, State President, Akhil Bhartiya Jeev Raksha Bishnoi

Sabha, Delhi State 39/H33, Sector 3, Rohini, Delhi.

2.

It is said that Khejri is a State tree of Rajasthan whereon Chinkara

(Indian Gazelle), a state animal of Rajasthan is also dependent. These trees

easily grow in desert area and provide greenery helping improvement of

environment. However, solar companies being developed in Rajasthan are

causing illegal cutting of said trees in thousands of numbers and for

cutting of trees, no permission from concerned authorities have been

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obtained. It is said that such illegal felling of trees is going on in Badi Sidh,

Bap, Phalodi, Jodhpur, State of Rajasthan.

3.

We find that a similar complaint was taken cognizance suo moto by

this Tribunal in Original Application No. 504/2022, In re: News item

published in The Hindu dated 11.07.2022 titled “Villagers’ stir against

solar plants protects khejri trees”wherein, by order dated 18.07.2022,

Tribunal constituted a joint committee comprising of District Magistrate,

Jodhpur, Rajasthan State PCB and PCCF (HoFF), Rajasthan who

submitted their report dated 11.10.2022 wherein, chopping down of 250

trees was admitted. The authorities imposed penalty of Rs. 100 per tree

which this Tribunal found to be very meagre amount. Tribunal, vide order

dated 19.10.2022 directed the proponents who were found guilty of cutting

of trees to plant atleast 10 times of trees in adjoining area to the

satisfaction of Forest Department and in default to deposit a sum of Rs. 2

lakhs besides levying fine compensation of Rs. 1 lakh on the pattern of net

present value of environmental services foregone forever. The order dated

19.10.2022 is reproduced below:-

“

1.

2.

“OBSERVATIONS DURING THE VISIT

▪The above alleged site belongs to M/s AMP Energy Green

Four Pvt. Ltd for the purpose of establishment of photo-

voltaic(PV) based solar power plant.

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▪About 3200 bigha land has been taken on lease by the unit. The

▪The details of lease holders as provided by Patwari, Baap is

enclosed as Annexure-II. As per the available records, the

land

was

not

converted

for

industrial

purpose/

establishment of solar power plant. As per norms, land

conversion is not required for the establishment of Green/

White category of industries.

▪The alleged site was inspected in the presence of Sh. Jeetender

▪The latitude and longitude of the unit are:- 27.50733034N and

▪The photographs taken during the visit are enclosed at

Annexure-III.

▪During inspection, no work was going on at the site. Boundary

▪During inspection, no representative of M/s AMP Energy

Green Four Pvt. Ltd was present on site.

▪No khejri trees were observed on site.

▪As per the report provided by the office of the Tehsildaar, about

250 nos of Khejri trees were chopped down, without

permission from any competent authorities. The chopped

▪As Khejri(Scientific Name- Prosopis Cineraria) is the State

tree of Rajasthan, hence sentiments of the nearby

villagers got hurt upon its chopping and agitation

aroused.

▪As per the report dated 13/06/2022 of Tehsildaar Baap, the

Annexure-IV.

▪The confiscated 250 nos of Khejri trees have been handed over

Annexure-V.

▪As per the report at Annexure-IV, the individual khatedars as

▪As per the Rajasthan Tenancy Act, 1955, there is a

provisio