Illegal Felling Of Trees In Corbett Tiger Reserve: NGT Directs MoEF & CC To File Action Taken Report

The principal bench of National Green Tribunal (NGT) has directed the MoEF & CC to file an action taken report in the matter of felling 6000 trees illegally in Corbett Reserve .The bench of Justice Adarsh Kumar Goel(Chairperson), Justice Sudhir Agarwal, Dr.A Senthil Vel (Expert Member) said that while the Committee report holds that not only cutting of trees was illegal but the process of restoration requires the construction made without approval of Central Government to be removed. However, the Principal Secretary, Uttarakhand has submitted that constructions do not require approval of the Central Government. “Prima facie, it appears to be difficult to accept the stand of the Principal Secretary”, it noted.The Tribunal was hearing a suo moto matter based on a media report which stated that 6000 trees had been illegally cut in the Kalagarh Tiger Reserve Division of Uttarakhand's Corbett Tiger Reserve.In October 2022, the matter was considered in light of the report of DG FSI titled 'Illegal Felling of Trees for the Establishment of Pakhrau Tiger Safari, Uttarakhand'. Other documents were produced during the hearing by DG FSI and PCCF (HoFF), Uttarakhand, which showed that there was illegality in the cutting of trees.To ascertain further facts and remedial action taken, the Tribunal constituted a three-Member Committee comprising DG, Forest Department, ADG, Wildlife Department and ADG, Project Tiger. It was directed that MoEF&CC to file an action taken report.However, the MoEF&CC did not file a report, but a copy of the Committee's report had been submitted instead.The report indicated that more than the stipulated number of 163 trees approved for the Tiger Safari had been cut down.It was also found that construction had commenced without obtaining Stage II approval under the Forest Conservation Act 1980.“It is evident that the officers were going overboard in getting the works done in whatever way possible in total violation of rules and regulations”, the report stated.The report also found the names of erring officials.The Principal Secretary of the Forest Department in Uttarakhand responded to the Committee through a letter, stating that the Committee should have focused only on the illegal cutting of trees and not on any other issues. The responsibility for the illegal felling of trees lies with the senior officers of the Forest Department, and there has been no violation of the Forest (Conservation) Act, 1980 in the construction of the Tiger Enclosures and Interpretation Centre. It further stated that, such activities do not require approval of the Government of India.After considering the material on record, the Tribunal said that it is difficult to accept the stand of the Principal Secretary of Uttarakhand, who claimed that constructions do not require approval from the Central Government.“MoEF&CC has to finalize its own perception in the matter and to file a report which has not been done”, the Tribunal noted.Accordingly,the Tribunal directed the Secretary, MoEF&CC to file his action taken report in the matter before the next date. The Tribunal has also directed the Secretary of Forest in Uttarakhand to appear in person or via video conferencing during the next hearing, in order to allow the Tribunal to make further orders.The matter will now be taken up on 19 July.Case Tile:In re : news item published in the Newspaper The Hindu dated 02.10.2022 titled “Over 6,000 trees illegally cut for tiger safari project in Corbett Reserve, says FSI report”Click Here To Read/Download Order

Illegal Felling Of Trees In Corbett Tiger Reserve: NGT Directs MoEF & CC To File Action Taken Report

Aiman J. Chishti

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