National Green Tribunal
Tribunal On Its Own Motion Based On The ... vs The Chief Secretary Government Of ... on 31 March, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.11:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 157 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU Based on the
News item published in Onmanorama E-paper, Web Edition,
Dated 08.06.2021, under the caption "Revenue, Forest Department
Failed in preventing Muttil Tree felling says report".
Versus
1. The Chief Secretary
Government of Kerala,
Government Secretariat,
Thiruvananthapuram - 695 001.
2. The Principal Secretary to Govt. of Kerala,
Department of Environment,
Room No. 406, 4th Floor, Annex II,
Government Secretariat,
Thiruvananthapuram - 695 001.
3. The Principal Secretary to Govt. of Kerala,
Department of Forest and Wildlife,
Room No. 403 4th Floor, Annex - II,
Government Secretariat,
Thiruvananthapuram - 695 001.
4. The Principal Secretary to Govt. of Kerala,
Department of Revenue and Disaster Management,
Room No.210A, 2nd Floor, Annex - I,
Government Secretariat,
Thiruvananthapuram - 695 001.
5. The Principal Chief Conservator of Forests,
(Head of Forest Force),
Kerala Forest and Wildlife Department,
Forest Headquarters, Vazhuthacaud,
Thiruvananthapuram - 695 014.
6. The District Collector,
Wayanad District,
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Wayanad, Kerala - 673 122.
7. The District Collector,
Thrissur District,
First Floor, Civil Station. Civil Lines Road,
Kalyan Nagar, Ayyanthole,
Thrissur, Kerala - 680 003.
8. The District Collector,
Palakkad District,
Kenathuparambu, Kunathurmedu,
Palakkad, Kerala - 678 013.
9. The District Collecotr,
Ernakulam District,
Collectorate, Kakkanad,
Ernakulam - 682 030.
10. The District Collector,
Idukki District,
Collectorate, Kuyillimala, Painav P.O.,
Idukki, Kerala - 685 603.
...Respondent(s)
Date of hearing: 31.03.2022.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON'BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER For Applicant(s): Suo Motu For Respondent(s): Mr. G. Vignesh for Mr. E.K. Kumaresan for R1 to R10 Judgment
1. The above case has been SuoMotu registered by this Tribunal on the basis of the newspaper report published in e-paper Web Edition named, ON Manorama dated 08.06.2021, under the caption "Revenue, Forest Departments failed in Preventing Muttil tree felling".
2. It was alleged in the newspaper report, that in the guise of the order 2 issued by the Revenue Department, large scale felling of valuable trees which otherwise could not have been felled without getting necessary permission from the Forest Department had been done by private parties, thereby causing heavy loss to the Government ex-
chequer and also affecting the forest environment as these properties are situated by the side of the Reserved Forest. These properties were assigned on the basis of the assigment order granted by the Government under the Kerala Land Assignment Rules, 1964, to the tribal-backward class communities at South Muttil Village in Wayanad.
3. It was also mentioned in the e-paper report that a Government order was issued on 24.12.2020, which was misinterpreted to fell and transport centuries-old rosewood tress worth cores of rupees. The order allowed farmers to axe royal trees, except sandalwood, which they have planted and naturally grown on the land assigned to them under the Land Assignment Rules.
4. It was also reported that some cases have been registered by the Meppadi Forest Range Officer against the person who were involved in such illegal cutting. This happened not only in Wayanad Dsitrict but also in Thrissur, Palakkad, Eranakulam and Idukki Districts as well. It was also alleged that there is a possibility of encroachment in the forest areas and also cutting of forest trees in the guise of this Government order. Since this Tribunal was satisfied with the substantial question of environment raised, the matter was admitted and The Principal Chief Conservator of Forests (PCCF) and (Head of Forest Force), Kerala Forest and Wildlife Department, Thiruvananthapuram and the respective District Collectors were directed to submit their independents report regarding the 3 allegations made in the newspaper report and also the possible damage if any caused to forest ecology and environment on account of the these acts, and what is the nature of action taken by them apart from initiating prosecution, whether any steps have been taken to realise the loss caused to the Government on account of the tree cutting applying the principles of Net Present Value (NPV) as has been observed by the Hon'ble Apex Court in T.N. Godavarman Thirumulpad vs. Union Of India & Ors1. They were also directed to report as to how many tress have been cut in the guise of the impugned Government order and if there was any violation found, what is the nature of action taken. The case was originally posted to 31.08.2021 for appearance of parties and submitting their independent reports.
5. Thereafter, the matter has been adjourned from time to time, either at the request of the parties or by notification and lastly it was adjourned to today as per notification dated 24.03.2022.
6. We have received an independent report submitted by the Principal Chief Conservator of Forests (PCCF) and (Head of Forest Force), Kerala, namely, the 5th respondent dated 15.11.2021, e-filed on the same date which reads as follows:
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(1997) 2 SCC 267 4 5 6 7 8 9 10 11 12 13
7. The Principal Secretary for Forest and Wildlife Department also filed an independent statement dated nil, e-filed on 07.03.2022 which reads as follows:
14 15 16 17
8. It is seen from the reports that certain action have been taken by the Forest Department and also they have taken steps to recover the cost of such trees cut and large number of criminal prosecutions have been launched against the persons who have done the same.
9. Since, the Government has already taken necessary action and the concerned authorities have initiated proceedings not only prosecution but also for recovery of valuable trees cut and also steps have been taken for re-plantation of 30,000 trees, we feel that there is no necessity to issue any further direction in this regard. 18 However, the Forest and other Government Departments are directed to proceed with the action already initiated and take appropriate action against the violators in accordance with law.
10. Registry is directed to communicate this order to the official respondents for their information and compliance of the direction.
11. With the above directions and observations, the application is disposed of.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Dr. Satyagopal Korlapati) O.A. No.157 /2021 (SZ), 31st March, 2022. AM.
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