NGT Directs Uttarakhand Forest Department To Realise Punitive Cost For Illegal Tree Cutting In Nainital Forest Area

The principal bench of National Green Tribunal (NGT) has directed the Forest Department of Uttarakhand to take action for realisation punitive cost of trees which are illegally felled in forest area adjacent to Nainital city belonging to forest area. “We direct the Forest Department to take action for realization of cost of the trees not according to the value but according to the parameters to be punitive so that no one can dare to cut the tree and to initiate prosecution according to the rules,” said the bench of Acting Chairperson Justice Sheo Kumar Singh, Justice Arun Kumar Tyagi, Dr. A. Senthil Vel.The bench further added that State PCB, District Magistrate and the Municipal Corporation are directed to take action against illegal cutting of trees and planting trees with proper species as narrated… to ensure plantation atleast 10 times of the trees which were fallen in the hands of violatorsThe Tribunal was hearing grievances for unauthorised cutting of trees in forest area adjacent to Nainital city belonging to endangered species.“There is sewage water and solid waste in the storm water drain flowing into the Naini Lake and outlets of houses are discharging domestic sewage directly into the storm water drain, reckless vertical hill cutting causing massive slope exposure and exposure of roots of trees, which become vulnerable to fall anytime,” noted the bench.Raising concern over the environmental destruction caused in the area, the bench said, “This practice is seen almost every year in the region causing damage to environment and landslides resulting due to exposure of roots in the process of vertical hill cutting and the entire patch of tree vegetation has dried up owing to constructions inside a forest area.”The bench also noted that over 148 hotels running in the Nagar Palika Parishad, Nainital without any relevant authority from the State PCB and discharging their untreated water/sewage into the Naini Lake.“The ill felling of trees by hotel owners to expand the area are adversely affecting the environment and ecology of the area,” the Tribunal saidAdding that the calculation of cost of trees by the DFO is too less and meager and less than the cost of trees itself, the Tribunal said it may indirectly promote the cutting of the tree and to pay the penalty.NGT also pointed out that the Regional Officer who is statutorily bound to act against the violators failed to exercise his duties sincerely, fairly and honestly and failed to control the illegal cutting of the trees and compliances of environmental rules.“There are serious violations of environmental rules for which the authorities, statutorily bound to take action, are responsible. Member Secretary, State PCB is directed to initiate disciplinary action against RO concerned for non-compliance of environment rules rather than encouraging the violators,” observed the bench.While listing the matter for November 28, the Tribunal directed the authorities to file an action taken report within three months.Case Title: Vivek Verma v. State of UttarakhandAppearance: Akash Vashishtha, Adv. (Amicus Curiae)Rahul Verma, AAG for the State of UttarakhandMukesh Verma, Adv. for UKPCBPramod Kumar, SDM, Nainital Raj Kumar, SDFO, NainitalDr. D.K. Joshi, RO Haldwani, UKPCBClick here to read/download the orderClick here to read/download the report of Amicus Curiae

NGT Directs Uttarakhand Forest Department To Realise Punitive Cost For Illegal Tree Cutting In Nainital Forest Area

Aiman J. Chishti

Tags