Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal
The National Green Tribunal (NGT) directed authorities to verify whether any trees were illegally cut on the forest land of Borvan, which is a ‘deemed forest’, without prior approval of competent authorities by the Bhopal Municipal Corporation (BMC). If any constructions were done by the municipal corporation, then it has to be restrained, and constructions already raised need to be demolished and appropriate environmental compensation imposed upon BMC, the court ordered.
An application was filed by Bhopal resident Nitin Saxena, complaining that the Bhopal Municipal Corporation had illegally cut several trees in Borvan forest area / Borvan Park, where there are more than 125,977 trees. The area falls in the catchment area of ‘Bhoj wetland’, a Ramsar site.
BMC, with an intention to construct a yoga / meditation shed, sought permission from the additional commissioner, horticulture branch and tree officer, Nagar Palika Nigam, Bhopal to cut 100 trees. Permission was granted by the assistant commissioner (horticulture), Nagar Nigam, Bhopal in a letter dated May 2, 2023.
Another letter was submitted May 3 stating that construction has to be raised on one hectare land in Borvan for which 28 trees of less than 38 centimetres in circumference and 57 trees (more than 30 cm circumference) have to be cut.
The BMC proposed to plant 284 trees and deposit Rs 4,11,800 with the state commissioner (horticulture), Nagar Nigam, Bhopal. The amount was deposited and directions were issued by the assistant commissioner (horticulture), Nagar Nigam, Bhopal to cut the trees in a letter dated May 4, 2023.
Applicant has contended that assistant commissioner (horticulture), Nagar Nigam, Bhopal has no authority to permit cutting of trees in a forest which is a ‘deemed forest’ in the light of Supreme Court’s judgment in TN Godavarman and competent authority for granting permission is ‘Central Government’ in view of Section 2 of Forest Conservation Act, 1980.
It also mentioned that “non-forest activities” in the forest land are prohibited unless prior approval of the competent authority under Section 2 is granted.
Apparently, it is evident that BMC is proceeding after obtaining permission from its own official working in Nagar Nigam, Bhopal who is not competent to grant such permission under Forest Conservation Act, 1980. Further “non-forest activities” in the forest land of Borvan cannot be carried out at all, the NGT, Central Zonal Bench, Bhopal noted.
Unregulated violations of environmental norms along pilgrim tracks of Kedarnath, Hemkund Sahib, Yamunotri and Gomukh pilgrimage centres in Uttarakhand are continuing despite the order passed by NGT February 8, 2023.
Taking cognisance of the executive application filed by applicant Shashikanth Purohit, NGT directed the Uttarakhand Pollution Control Board and District Magistrates, Rudraprayag and Uttarkashi to submit the action taken report in compliance of the order within three weeks.
http://www.indiaenvironmentportal.org.in/content/order-national-green-tribunal-regarding-failure-authorities-contain-violation-environmental
The NGT, Central Zonal Bench, Bhopal directed appointment of an Amicus Curiae to assist the tribunal in the matter of illegal encroachment and construction on grazing land and Bagela pond, Munwas village, Udaipur district, Rajasthan.
The court August 7, 2023 also directed a high powered committee comprising member secretary, Rajasthan State Pollution Control Board, Central Pollution Control Board, Integrated Regional Office, Ministry of Environment and Forest , Jaipur and an environment expert in the field of environmental science to be nominated by the vice chancellor of Mohanlal Sukhadia University, Udaipur. The said committee shall submit a report within a month.
Mahadev Singh, a resident of Munwas, in his letter petition to NGT July 10, 2022 said that there were illegal encroachment and constructions on grazing land and Bagela pond, which were filled with debris.
Hills and trees were cut and trucks of debris were dumped into the pond in front of Munwas school.
Some hotel owners have constructed buildings by filling a portion of the pond. Also, the natural source of water coming to the pond has been closed for construction by Valansia Resort. The sarpanch has constructed houses in grazing land, for instance in Munwas dairy, the applicant said.
The joint committee, in its inspection report dated March 21, 2023, said a community building has been constructed in the revenue village Kailashpuri on the land recorded in revenue record as grazing land.
The pond in front of Munwas school has been levelled to the extent of 25 square metres. Further, there was about 750 sq m land “on the lower side of arazi (land title) no 293, 294” whereon rainwater used to flow. That has also been filled and flow of rainwater has been obstructed.
With regard to filing of land of the pond, it was found that arazi number 1 in village Munwas (recorded in revenue record as Bila Naam kisam Dha Pe Ge Mu / talab) around 10,300 sq ft of land has been filled in and after levelling, a wall has been constructed. These were some of the findings of the joint committee.
NGT observed that nothing has been said in the entire report as to what action has been taken regarding demolition, restoration of land which has been illegally encroached or pond which has been levelled and filled in by certain persons causing damage to the environment.
The Supreme Court in Hinch Lal Tiwari Vs Kamala Devi & Ors (2001), 6 SCC 496, said that no pond can be allowed to be encroached or filled in and it has to be restored by concerned officers and it is their responsibility. Collector of Udaipur has not given any information as to what steps have been taken to remove encroachment and restore land which have been illegally encroached upon by certain persons.
A letter was sent by the applicant August 4, 2023 by NGT and it raised serious grievances against the joint committee report. The letter said that the report has been “illegally submitted in order to protect a large number of violators who are damaging Aravalli hills, encroaching grazing land, ponds, hill land and damaging the environment”.
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