National Green Tribunal
Jorjo Tana Tara vs Union Of India Ministry Of Environment ... on 6 January, 2021
1
Item No. 03
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(Through Video Conferencing)
Original Application No. 18/2019/EZ
(I.A. No. 16/2019)
Jorjo Tana Tara Applicant
Versus
Union of India & Ors. Respondent(s)
Date of hearing: 06.01.2021
CORAM: HON'BLE MR. JUSTICE S. P. WANGDI, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s): Mr. Ritwick Dutta a/w Ms. Meera Gopal
and Ms. Kanika Sood, Advocates
Respondent(s): Mr. Gora Chand Roy Chowdhury,
Advocate for Respondent No. 1.
Mr. Anil Shrivastava, Advocate for
Respondents No. 2 to 5.
ORDER
1. Status report dated 31.12.2020 filed by the PCCF(RE), Itanagar, Department of Environment and Forests, Government of Arunachal Pradesh, is ordered to be taken on record.
2. From the report we find that against our directions, the following actions have been taken:
2"i) The State shall take appropriate action to identify the Hot Spots, where illegal felling of trees and deforestation is taking place.
Action taken:
The CCFs of Western Arunachal Circle, Banderdewa, Central Arunachal Circle, Pasighat, Eastern Arunachal Circle, Tezu and Southern Arunachal Circle, Deomali were asked to identify hotspots of illegalities vide letter no. FOR.66/PRO-2019/ 17534-38 dated 27th September, 2019 of the PCCF (RE).
From the information provided by the DFOs, Hot Spots were identified as mentioned below:
Sl. Name of Range Location
No. Division
1 Bomdilla 1.Bomdila Mangopam Area
Range
2. Dirang
Range Mandala - Naga
GG Area
3. Nafra Bichom-Buragaon
Range
2. Khellong 1.Seijosa Margaso, Saibung
Range Nallah, Jolly,
Lanka
2.Namorah Dongal Mukh,
Range Sichung
3.Foothills Doimara Area
Range
3. Banderdewa 1.Dafflaga i.Mangoni
rh Range ii.Harikso-Near
Tanda Nallah
iii.Kukurjan
iv.Hollogi to
Kokila Forest
range
2.Doimukh i.Bogoli
Range ii.Denka
iii.Gaburu
3.Dirgha i.Dirgha
Range ii.Koila Pahar
iii.Boginadi.
iv.Borh hill
v.Kui
vi. Paro,
vii.Sippu
viiiGayun
3
4.Banderde i.Bassar Nallah
wa Range ii.Sangdup ota
iii.Jote
iv.Poma
5.Subansir i.Raja Nallah
i ii.Scl,
iii. Pech
4. Pasighat
5. Namsai 1.Tengapa Tengapani RF
ni Range i)Khai Nallah
area
ii)Nangtaw area
iii)Incha area
2.Medo Turung RF and
Forest Namgo
Mishmi/Singpho
village
3.Manabhu
m forest
rage,
Lathao
6 Tezu
7 Jairampur
8 Changlang
9 Deomali
10 Roing
ii) Strategic Action Plan be drawn up to the illegalities.
Action taken:
In this regard, a High Level Committee meeting chaired by the Chief Secretary was convened on 21st September, 2019. In this meeting, it was decided that a Committee would be constituted consisting of senior forest officers and officer(s) from the District administration and Police Dept. To frame a comprehensive action plan including intelligence network to combat the illegalities in the State, more particularly in the Hot Spots identified by the CCFs vide No. FOR.66/PRO/2019/18017- 20 dated 10th October, 2019. Consequent to this, vide notification No. FOR.66/PRO/2019 /19552-59 dated 1st November, 2019 a committee was constituted with the following officers:-
1) Shri. Lalram Thanga, PCCF(HoFF) & Plr.
Secy (E&F)-Chairman
2) Shri R.P. Upadhyaya, DGP - Member 4
3) Smt. Sadhana Deori, Secretary (DA) - Member
4) Dr. Rabindra Kumar, PCCF (P&D) - Member
5) Shri R.K. Singh, PCCF (A&V) - Member
6) Shri D. Riba, CF(HQ) - Member
7) Shri R. Prem Kumar, DCF (Protection) - Member From the information received from the DFOs, Hot Spots were identified and an action plan to combat illegalities was prepared which includes the mechanisms to combat illegalities, Gap Analysis and Plan for further Action (Action Plan to combat illegalities enclosed).
As per the action plan to combat illegalities, mobile squads placed under the disposal of CCFs undertake inspections either suo-motu or based on complaint. With respect to the acute shortage of staff to deal with illegalities, proposal has been sent to the State Govt. Further, under CAMPA AOP, it has been proposed to create protection squad to combat illegalities. Wildlife Crime Control Unit has been notified by the State Government to combat the illegalities in wildlife sector.
iii) Considering the size of the State and the huge tract of forest land that plays the role of carbon sink and considered as lung of the country, the State shall consider enhancing the strength of the forest personnel (at all levels including lower level) adequately which may include revisiting the existing Forest Divisions and Ranges in order to ensure effective enforcement of the forest laws and protection of the rich forest resources in the State.
Action taken:-
In the meeting of the High Level Committee chaired by the Chief Secretary to suggest ways and means to put into action the observations of the Hon'ble NGT, held on 21st September, 2019, it was decided that a Committee would be constituted to assess the requirement of staff at all levels and to 5 make suggestions for their creation and recruitment besides revisiting the existing Forest Divisions and Ranges. Consequently, vide Notification No. FOR.66/PRO/2019 /19560-66 dated 1st November, 2019 a committee has been constituted for the said objective with the following officers:-
1) Dr. Rabindera Kumar, PCCF (P&D) -
Chairman
2) Shri R.K. Singh, PCCF (A&V) - Member
3) Dr. M. Surya Prakash, PCCF (WL&BD) -
Member
4) Shri D. Riba, CF(HQ) - Member
5) Shri R. Prem Kumar, DCF (Protection) -
Member
6) Shri V.K. Jawal, DFO Khellong FD -
Member The first meeting of the committee was held on 20th November, 2019. Decisions were taken with respect to administrative divisions and staffing matters. Decision was also taken regarding deployment of flying squad on pilot basis in ten Forest Divisions (Minutes of the meeting No.FOR/66/PRO/2019/2824-30 dated 13th February, 2020 enclosed).
The decision taken in the meeting has been conveyed to the territorial CCFs and the DFOs. Further the Establishment Branch of the Department of Environment and Forests was also communicated of the decisions taken in the above mentioned meeting for needful action for posting of staff in the pattern suggested and once the staff position improves, the same is expected to be implemented.
Proposals for creation of new divisions namely Kamle and Basar Forest Division are also in process. Further, the Staff Selection Board has been intimated the vacant posts of Forests, Forest Guards and Forest Watchers for recruitment. With such recruitment of frontline staff, illegalities could be combated effectively.
6Action for creation of Special Tiger Protection Force is also in process and is to be submitted to the cabinet for approval after some time, once clearances from all concerned departments are received.
Moreover, proposals for creation of 200 No. of posts of Forest Guards is already submitted to the State Govt. Also, 10 (Ten) No. Mobile squad units are proposed with contractual/work charged employees at present and vehicles are also being procured for them. In Forest Divisions having more points vulnerable to illegalities, contractual/casual staff is proposed to assist the regular staff to combat illegalities. Proposals for all has already been prepared under CAMPA scheme which was approved by the Steering Committee of the State and is now before the National Authority, CAMPA for approval.
iv) The State shall constitute a High Level Committee headed by the Chief Secretary of the State to put into action the above observations. Meeting of the Committee shall be held within a period of one month from hence.
Action taken:
As directed by the Hon'ble NGT, the High Level Committee (HLC) was constituted vide No. FOR.66/PRO/2019/2019 dated 20th September, 2019 with the following officers:-
1) The Chief Secretary, Arunachal Pradesh - Chairman
2) The PCCF & Principal Secretary (E&F) -
Member
3) The Principal Secretary (Finance, Planning & Investment) - Member
4) The Director General of Police - Member
5) The Secretary (Personnel) - Member
6) The Secretary (Administrative Reforms)
-Member 7 The first meeting of the committee was held on 21st September, 2019. As per the decisions taken by the High Level Committee (HLC), Hot Spot were identified and action plan prepared to combat the illegalities.
v) If necessary, the Committee may also deliberate common issue arising from the question with its neighbouring States like State of Assam.
Action taken:
In the first meeting of the HLC, it was decided that the Committee will deliberate on the common issues arising from the question with neighbouring States in its subsequent meetings, if seem necessary.
The CCFs and DFOs have also been instructed to coordinate with respect officers from Assam Forest Department to combat the illegalities vide No. FOR.66/PRO/ 2019/10919-22 dated 13/03/2020 and subsequent reminder No. FOR. 66/PRO/2019/ 10927-30 dated 25/08/2020."
3. It is quite obvious from the above that all the actions are just proposals and nothing tangible appears to have resulted. However, it is quite heartening to note that Hot Spots of illegal logging have been identified and to prevent illegal logging and felling, Range Squads and Divisional Squads have been formed to be assisted by Mobile Squads under the supervision of the Chief Conservator of Forests.
It is informed that after the formation of the squads, there has been no report of illegal logging from the field thus far.
84. Although Mr. Anil Shrivastava, learned Additional Advocate General for the State of Arunachal Pradesh, submits that efforts are being made by the State to comply with the directions, we find that nothing much appears to have been done by the State. Actions appear to be mostly mere proposals. Specific directions passed by us in paragraph 4 of the order dated 09.11.2020 in taking up interim measures like induction of retired personnel of the Forest Department and the State Armed Police have not been complied with. The direction upon the State to take measures to make use of forest cover map prepared with the help of satellites imageries by the Forest Survey of India, Dehradun of the affected districts (Hot Spots) to observe the change in forest cover occurring over a period of 10 years, has also not been complied with.
5. We, therefore, deem it appropriate to direct the State to place before us tangible actions taken in terms of the proposals and also to address all the directions contained in paragraph 4 of the order dated 09.11.2020.
6. Let a comprehensive report be filed by the State with advance copy on the other side.
97. List on 19.02.2021.
S.P. Wangdi, JM Saibal Dasgupta, EM 6th January, 2021 O.A. No. 18/2019/EZ avt