National Green Tribunal
National Green Tribunal Southern Zone vs Additional Chief Secretary Forests And ... on 17 May, 2022
Bench: K. Ramakrishnan, Satyagopal Korlapati
Item No. O1: Court No -- 1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 45 of 2020 (SZ) (Through Video Conference) IN THE MATTER OF Tribunal on its own motion-SUO MOTU Based on the News item in Malayala Manorama Newspaper, Dated 17.02.2020, Chennai Edition "Forest fire.takes Lives -- 3 Foresters died in Thrissur." And 1. Additional Chief Secretary, Forest and Wildlife, Room No. 660, 3" Floor, South'Block, Secretariat, Thiruvananthapuram, Kerala State 695 001. 2. Principal Chief Conservator of Forests & Head of Forest Force; Forest Headquarters, Vazhuthacaud, Thiruvananthapuram -- 695-014, Kerala State. 3. The District Collector, District Collector Office, Civil Station, Ayyanthole, Thrissur -- 680 003, Kerala State. 4. Divisional Forest Officer, Thrissur Civil Station, Ayyanthole PO, Thrissur -- 680 307, Kerala State. 5. Range Forest Officer, Wadakkanchery Forest Range, Enkakkad, Thrissur -- 680 582, Kerala State. ... Respondent(s) Date of Judgment: 17.05.2022 CORAM: HON'BLE Mr. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER For Applicant(s): Suo Motu by Court For Respondent(s): Mr. G. Prabhu represented Mr. E.K. Kumaresan for R1 JUDGMENT
1. The above case Suo Motu was registered by this Tribunal on the basis of the news paper report published in Malayala Manorama Daily Chennai edition dated 17.02.2020 under.the caption "Forest. fire takes Lives -- 3 foresters dead in Thrissur." ("2QIONSOO) BIS{M] - MAV301GB 3 ONMAaleIe MAIMORAC) 23")
2. After considering.the reports submitted by the various. departments including the. Forest Department, this Tribunal by Judgment. dated: 26.08.2020..disposed of the matter with following directions:-
(i)The report submitted by the Principal Chief Conservator of Forests & Head of Forest Force, Kerala is accepted as regards the present incident reported in the newspaper.
Gi) The Principal Chief Conservater.of Forests.&.Head.of.Forest.Force, Kerala as well as the State of Kerala are directed to consider the conclusion portion of the recommendation given wherein they have mentioned that there are certain gaps and the situation is to be improved. The Chief Secretary, and Principal Secretary of Department of Forest, State of Kerala..are directed to consider the recommendations mentioned in the conclusion portion and if there is any infrastructure facilities to be provided, they are directed to look into the matter and provide necessary assistance to the Kerala Forest Department to meet the situation, as forest is a natural resource protecting environment. Since safeguarding of forest is a responsibility envisaged under Article 48-A of the Constitution of India, the State 2 has got constitutional duty and obligation to preserve the same. The Chief Secretary to Government of Kerala, Principal Secretary, Department of Forest and Principal Chief Conservator of Forests and Head of forest Force, Kerala are directed to allot necessary funds for implementation of the recommendations mentioned in the conclusion portion of the joint committee report and file a report within six months regarding: steps taken. for implementation of the recommendation and also nature of 39 utilization of funds provided by the MoEF & CC for implementing the National Action Plan on Forest Fire for the protection of forest area. Funds allocated under the State.CAMPA for fine management and protection can also be utilized towards implementation of National. Action Plan on Forest Fire for the protection of overall forest area.
iii) After the receipt of the compliance report from the.Principal Chief Conservator of Forests'& Head of.forest, Force, Kerala. and 'ethers mentioned above, iv.-Registry is directed to place the same before the Bench for giving necessary further direction in future. Registry is ...directed to communicate the copy of the order along with the report of the joint committee appointed by this tribunal.to the Chief Secretary, Principal Secretary of Department of Forest and PCCF and Head of Forest Force State. of Kerala immediately by e-mail so as to enable them to comply with the direction of this tribtinal.
v...With theabove direction and observation,' the .application..is disposed of accordingly."
3. The Principal Chief Conservator of Forests & Head of Forest Force (PCCF & HoFF), State of Kerala and other departments were mentioned in the order were directed to file the compliance report. Thereafter, the matter was expected to be taken up for considering the compliance report on 25.01.2022. But the matter was adjourned from time to time by successive notifications and lastly the matter was adjourned to today by order dated 25.04.2022.
4. When the matter came for hearing today for final disposal and also for consideration of compliance report received.
5. We have received a compliance report submitted by the Principal Secretary, Department of Forests & Wildlife/first respondent, Kerala along with the report of the Principal Chief Conservator of Forests & Head of Forest Force, State of Kerala, e-filed on 13.05.2022 which reads as follows:-
Compliance report along with action taken report in Judgement dated 26.08.2020 in OA No.45/2020 of Hon'ble NGT(SZ) | submitted on behalf of the Chief SecretaryKerala and the Principal Secretary, Department of Forests & Wildlifec1S! Respondent), Kerala The National Green Tribunal, Southern Zone, Chennai while disposing the Original Application No.45' of 2020(8Z) regarding the occurrence of a forest fire in Kerala that claimed the lives of three Forest Watchers had directed the Principal. Chief Conservator of Forests & Head of Forest Force _ (PCCF&HOoFF) Kerala to provide the status of implementation of the nl National Action Plan on Forest Fire (NAPFF) in Kerala, identifying -
--! gaps in implementations and steps taken to rectify the same. The | Hon'ble NGT have accepted the report submitted by the '| PCCF&HoFF : and directed 'the Chief Secretary, and Principal /- | Secretary of Department of Forest, State of Kerala to. consider the | recommendations mentioned in the conclusion portion of the report ~~ jand if there is any infrastructure facilities to be provided, they are direcled to look into the matter and provide necessary assistance to the Kerala Forest Department to meet the situation, as forest is a hatural resource protecting environment, | In this connecton the Action Taken Report on judgment of tne Hon'ble Nationanl Green Trlbunal is submitted herewith, |. Developing user-friendly firefighting tools and equipment: [t Is a fact that most of the fire heaters we have in the market at present are heavy, inconvenient to carry while trekking and hence i not of much practical use. It is time to develop user-friendly fe 7 > firefighting tools that is of practical utility in the ficld, Since this Would involve considerable experimentation with different kinds of materials available, it would be of help if any of the premier
-Tesearch institutions is entrusted with this task under the overall guidance of MoEF&CC. The Principal Chief' Conservator of Forests and Head of Forest Forces has flagged this issue in his letter No.E&TW3-103065/2019 dated 20.02.2021 addressed to DGF&SS, MoEF&CC and requested for guidance and further necessary action from MoEF&CC,
2. Estimation of the extent of area affected by fire and the assessment of loss: As of now, neither the extent nor the methodology for assessment of loss in forest fire is standardized _ in the country. Further, there is a need for sharing the latest satellite imageries along with ground-truthing of the fire affected areas with organizations like Forest Survey of India (FSI) for standardizing the assessment of logs. PCCE&HOoFF has requested the guidance and support of MoEF&CC in this matter vide letter No.E&TW3-103065/2019 dated 20.02.2021 addressed to DGF&SS, MoEF&CC,
3. Developing safety gears for forest fire fighters: The third issue 18 one of personal safety, where the staff involved in firefighting are 10 alfempt the task at hand with hardly any protective gear to save them in the case of an eventuality. There aren't many ready made protective gears available in the market which can help the fire-fighters in the forests» Most of those available are tailor-
made for use in Fire & Rescue Operations in the human environment: Most of the methods in practice with the Fire & _ Rescue Services Department are also hot much of field value in the forests. Since this is an aspect of critical importance development of safety gear could be one of those frontier areas of research for premier institutes under the guidance of MoEF&CC. This issue has been flagged and requested for guidance and further necessary' action from MoEF&CC letter No. E&TW3-103065/2019 dated 20.02.2021 addressed to DGF&SS, MoEF&CC.
4, Enhanced Budget provisions for forest Fire Protection : The Re
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dedicated central scheme on Fire Prevention and Management Scheme (FPMS) offers very little in terms of finances for the state Forest Departments to embark on anything substantial on the work front, The exclusive head of account for forest fire protection 18 the Centrally Sponsored (60:40) 'Scheme - Forest tre Prevention Management . Scheme (FPMS), During the » financial year 2020-2], though a proposal for Rs, 19.96 crore was submitted "To MoEF&CC during July, 2020, only the Unspent amount of 2019-20 amounting to Rs, 1.03 crore was revalidated, This non-release of allocation of 2020-21 is affecting the planning of fire protection activities in the current lire season, This issue needs Urgent necessary action from the part of Government of India, Though it faces crucial financial \ crisis, Govemment of Kerala isto positively consider the noe for fire protection whenever received from PCCF and iP |
6. It is seen fem the report, as directed by this Tribunal and some steps have been taken to.prevent the forest fires in future.
7. The State of Kerala.as well as Ministry of Environment Forest and Climate Change (MoEF & CC) are directed to comply with the further directions issued by this Tribunal also and. evolve.better.scientific mechanism to avoid forest fires in future, as unless it is'reduced the entire forest is likely to be affected and it will have great impact on forest ecology and affect the 'Green Cover as well.
8. The Registry is directed to communicate this order to the official respondents including the District Collector, Thrissur District, Additional Chief Secretary -- Forests & Wild Life, Thiruvananthapuram, State of Kerala and Principal Chief Conservator of Forests & Head of Forests Force, State of Kerala for their information and also for compliance of the direction.
9. With the above observations and directions the Original Application is finally disposed of.
Sd/-
dosseeeesssceceeessseeceeeeeeuaeess J.M. (Justice K. Ramakrishnan) Sd/-
siceeeeesssssneeeeeeecessneeeeess E.M. (Dr. Satyagopal Korlapati) O.A. No. 45/2020(SZ) 17.05.2022. Sr.