National Green Tribunal
Tribunal On Its Own Motion Based On The ... vs The Secretary To Govt. Of Tamil Nadu ... on 27 January, 2022
Bench: K Ramakrishnan, K. Satyagopal
Item No.19:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.131 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF:
Suo Motu- Neem Trees dies as Acid poured in Kodumudi
WITH
1. The Secretary to Government of Tamil Nadu,
Department of Environment, Forests & Climate Change,
Government Secretariat, Fort, St.
George, Chennai, Tamil Nadu - 600 009.
2. Principal Chief Conservator of Forests & Head of Forest Force,
Government of Tamil Nadu, Panagal Maaligai,
No. 1, Jeenis Road, Saidapet, Chennai- 600 015.
3. The District Collector,
Erode District, District Collectorate Office,
First Floor, Erode - 638 011.
4. District Forest Officer,
Erode Forest Division,
Mullaiagam, Roja Nagar,
Veerappan Chatram, Erode - 638 004.
5. 5. The Divisional Engineer,
Highways Projects Division,
State Bank Colony (South), No. 4
Chettypalayam, Erode - 638 002.
6. Kodumudi Town Panchayat,
Rep. by its Executive Officer,
92, Erode Karur Road, Kodumudi (PO), Erode - 638 151.
7. Dr. Kamala Kannan,
Proprietor of P.P. Hospital,
Kodumudi, Bypass Road,
Erode, Tamil Nadu- 638151
(suo motu impleaded as per the order of the Hon'ble Tribunal dated 26.07.2021)
...Respondent(s)
Date of hearing: 27.01.2022
[1]
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
For Applicant(s): Suo Motu
For Respondent(s): Dr. D. Shanmuganathan for R1 to R5
Mr. N. Manikandan along with Mr. N. Sivaprakash
for R6
Mr. Ma.P. Thangavel and MR. B. Thanagavel for
R7
ORDER
1. The above case has been suo motu registered by this Tribunal on the basis of the newspaper report published in Dinamalar Erode Edition dated 28.05.2021 under the caption "nfhLKbapy; Mrpl; Cw;wpajhy; fUfpa Ntg;gkuq;fs;" (Neem Trees dies as Acid poured in Kodumudi).
2. It was alleged in the newspaper report that five well grown Neem trees standing in front of Private Hospital near Kodumudi old bus stand which were providing shade for the people who were coming there apart from being used as a medicinal plant, were destroyed by pouring acid by certain anti-social persons and on account of the same trees were almost charred and in pathetic condition.
3. Since this Tribunal was satisfied that there arises a substantial question of environment which requires interference of the Tribunal as trees play a great role in protecting environment as a natural producer of oxygen in the atmosphere and wherever the issue of cutting trees were raised, directed re- plantation of multiple number of trees for each tree cut so as to protect green cover in that area, the matter was admitted.
4. This Tribunal also directed District Collector, Erode District with the assistance of District Forest Officer, Erode Forest Division to look into the issue and submit a report regarding the same and action taken, as on date the [2] mechanism evolved for preventing such incidents in future and measures taken for rejuvenating the partly damaged trees on account of the incident.
5. On 26.07.2021, this Tribunal had received an affidavit filed by 6th respondent dated 26.07.2021 wherein they have mentioned that on enquiry it was revealed that the incident occurred in front of P.P Hospital Kodumudi Old bus stand and they have mentioned that trees were not coming within their jurisdiction and it belongs State Highway Department, Kodumudi. When they came to know about the incident they have informed the Highway Departments and the Highway Departments have informed about the same to Police and the Kodumudi Police had registered a case as CSR No. 49 of 2021 of Kodumudi Police Station. They have given an undertaking that they will assist the Highway Department and the Police Department in tracing out the real persons and whatever action to be taken in this regard.
6. 5th respondent, the Highway Department had filed an affidavit dated 23.07.2021 wherein they have mentioned that on 24.04.2021, the Assistant Engineer Highway Department lodged a complaint to the inspector of Police, Kodumudi Police station regarding the removal of barks from the Neem trees and pouring of acid which resulted in damage of the trees and police registered a complaint as CSR No. 49 of 2021 and they have conducted investigation. They have further stated that they have not registered a crime as such but investigation is going on. It was also mentioned in the report that on enquiry it was revealed that one Dr. Kamala Kannan of P.P Hospital requested one Vadivel to cut and remove the trees and when he made an attempt to cut the trees, the official from Highway Department prevented him from cutting the trees. It was also revealed from the report that one of the staff of the said hospital would have peeled the [3] bark of the Neem tree and poured the acid which resulted in damage. They have further submitted that they will take action against the hospital management.
7. The District Collector, Erode along with the District Forest Officer filed detailed report signed by the DFO on 22.07.2021, e-filed on 23.07.2021 which was extracted in Para 8 of the order passed by this Tribunal dated 26.07.2021 as follows:
[4] [5] [6] [7] [8] [9] [10]
8. On the basis of the report, this Tribunal had suo motu impleaded Dr Kamala Kannan proprietor of P.P hospital Erode District as additional 7th respondent and issued notice to him. This Tribunal also directed District Collector, Erode in consultation with District Forest Officer to assess the cost to be recovered to replant the damaged trees and also probable expenses required, apart from imposing other penalties as per the guidelines and provisions given by the State of Tamil Nadu and it was found by the Tribunal on enquiry that the private hospital was prima facie responsible for the same and they will have to be mulcted with liability for the same as well, if later it was found that it was done by them.
9. The State Highway Department was also directed to report regarding the probable expenses required for protection of trees to be replanted and maintenance as well and they were directed to submit further report to this Tribunal.
10.The matter was taken up on 15.09.2021 and received the report submitted by the District Collector dated 14.09.2021, e-filed on the same date which was extracted in Para 2 of the order which reads as follows:
REPORT SUBMIT BY THE DISTRICT COLLECTOR, ERODE DISTRICT,
-------------
I, H. Krishnanunni, I.A.S., Son of K. Harikumar aged about 33 years, now working as District Collector, Erode District, do hereby solemnly affirm and sincerely state as follows :
2) It is respectfully submitted that based on the news published by the Dinamalar Erode Edition dated 28.05.2021, the Gist of the occurrence [11] was arrived as "GIST - It is highlighted in the news paper that acid was poured into the roots of 4 well grown neem trees which appeared lush and green has resulted in charring to its death completely. It was requested by the environmentalists that the anti-social elements associated with this be nabbed to prevent such reoccurrence". On the occurrence of the crime, a case has been Suo Motu registered by the Honorable National Green Tribunal Southern Zone, Chennai in Original Application No.131 of 2021 (SZ) (Through Video Conference) and the following officials were impleaded the Secretary to Government of Tamil Nadu, Department of Environment, Forests & Climate Change, Chennai (1), The Principal Chief Conservator of Forests & Head of Forest Force, Chennai (2), The District Collector, Erode District (3), The District Forest Officer, Erode Forest Division, Erode (4), The Divisional Engineer, Highways Projects Division, Erode (5) and Kodumudi Town Panchayat, Rep. by its Executive Officer, Kodumudi (6) as respondents no.1 to 6 respectively. The case was posted for hearing on 24.06.2021 and the Honorable National Green Tribunal, Southern Zone, Chennai has directed the District Collector, Erode District, Erode as "6. The District Collector, Erode District with the assistance of District Forest Officer, Erode Forest Division is directed to look into the issue and submit a report regarding the issue, action taken, as on date the mechanism evolved for preventing such incidents in future and the measures taken for rejuvenating the partly damaged trees on account of the incident and submit a report to this Tribunal on or before 26.07.2021 by e-mailing in the form of searchable PDF / OCR Support of PDF and not in the form of Image PDF along with necessary hardcopies to be produced".
3) Obeyed the directions of the Hon'ble Court, the reports have been obtained by the District Collector, Erode from the (1) Executive Officer, Town Panchayat, Kodumudi Selection Grade Town Panchayat, (2) The Divisional Engineer, Highways, Construction and Maintenance, Erode, (3) the Revenue Divisional Officer, Erode and the Tahsildar, Kodumudi, (4) Report of the District Forest Officer, Erode District, Erode Divisional Forest, Erode, (5) The Inspector of Police, Kodumudi Police Station, Kodumudi, Erode District. Based on the reports of the (1) to (5) officials concerned a status report has been filed before the Hon'ble Court.
4) On the status report of the District Collector, Erode District, Erode, the Hon'ble Court has ordered and given necessary directions on 26.07.2021 on the damaged neem trees. The excerpts of the some directions are:
9. It is seen from the report that those trees were damaged in such a way that rejuvenation is not possible. Under such circumstances, we feel that it is necessary to Suo Motu implead Dr. Kmala Kannan, Proprietor of P.P. Hospital, Kodumudi, Erode District as additional 7tj respondent, who had allegedly committed the act. So, Dr. Kamala Kannan, Proprietor of P.P. Hospital, Kodumudi, Erode District is impleaded as additional 7th respondent.
10. The office is directed to carry out the amendment in the cause title.
11. The Registry is directed to issue notice to the newly impleaded 7th respondent by Registered Post with Acknowledgement Due along with the copy of the news paper report gist of the Suto Motu proceedings with full amended cause title and copy of the reports filed by the respondents 3,5 & 6 for their reference and also to file a detailed statement regarding as to why actions hould not be taken against them.
12. Merely, taking criminal action is not sufficient for the damage caused by the trees and the expense required for replanting of such trees will have to be collected from the persons who are responsible for such heinous act.[12]
13. In the mean time, the District collector, Erode District in consultation with the District Forest Officer is directed to assess the cost to be recovered for replanting the damaged trees and also probable expense required, apart from imposing other penalty as per the guidelines and provisions given by the State of Tamil Nadu, as it was found by this Tribunal on enquiry that the private hospital was responsible for the same and they will have to be mulcted with the liability for the same as well, then it will be a lesson for others not to do such mischief in future.
14. The State Highways Department is also directed to file a report regarding the probable expense required for the purpose of protection of trees to be replanted and maintenance as well and they are directed to submit further report to this Tribunal in this regard.
15. The above said officials are directed to file their respective reports to this Tribunal on or before 27.08.2021 by e-filing in the form of Searchable PDF / OCR Supportable PDF and not in the form of Image PDF along with necessary hardcopies o be produced as per Rules.
16. The Registry is directed to communicate this order to the official respondents, especially to the above said officials namely, the District Collector, Erode District, District Forest Officer and the State Highways Department by e-
mail immediately so as to enable them to comply with the direction.
17. For return of notice of the additional 7th respondent and for consideration of further report, post on 27.08.2021.
5) As directed by the Hon'ble Court, the reports have been obtained from the Assistant Divisional Engineer Highways Department and the District Forest Officer and also from the Inspector of Police, Kodumudi Police Station with regard to the probable expense required for the purpose of protection of trees to be replanted and maintenance.
6) The District Forest Officer, Erode District, Erode has fixed the Value of the Trees, Market Value and the value for Compensatory Planting submitted in the report Na.Ka. No.KU / 1913 / 2021 dated 21.08.2021 as follows:
ERODE FOREST DIVISION List of Trees value of Neem Trees situated in the Highways Road near to the Old Bus Stand of Kodumudi, Kodumudi Taluk, Erode District.
Sl. Name of the Weight Rate fixed by the Total Value
No. Tree in ton Statistical
Department @ one
ton
1. Neem Tree 0.163 6000 978
(Timber)
2. Neem Tree 0.304 3000 912
(Fuel)
Total 1890
Certificate
This list of fair rate is fixed based on the rate of Timber and Fire wood given by the District Statistics Department [13] Estimated Cost towards Compensatory planting for Damaged trees at Highways Land, Kodumudi.
(Case No.131/2021)
Planting target : 40 tall seedlings
Sl. Particular Rate per Rate for 40
No. seedlings seedlings
(Rs.) (Rs.)
1. Cost of Taller Seedling
(2021-22) 128.50 5156.00
(30 cm * 45 cm)
2. Cost of Digging and Planting
361.13 14445.20
(2021-22)
3. Watering the plants during Non
Rainy Season (January to
432.97 17318.80
March) 90 days
4. Tree Guard Steel (Local Rate) 1500.00 60000.00
5. First year Maintenance of
planted Seedling (Watering and
191.00 7640.00
Scrap weeding)
Total 104560.00
7) In the letter no.868 / 2021 / A1 dated 06.09.2021 of the Divisional Engineer, Highways Department, (Construction and Maintenance), Kodumudi the rate of the Neem trees are fixed as follows:
HIGHWAYS DEPARTMENT Tree maintenance for the planted tree saplings for 3 years Sl. Description Amount No. Rs.
1 Value of the damaged 4 Neem Trees as 1,890/-
estimated by the Forest Department 2 The maintenance charges for 40 saplings for 1,04,560/-
one year as estimated by the Forest Department 3 The maintenance charges for maintaining 25,200/-
continuously by the Highways Department
for 3 years
Total 1,31,650/-
8 The reports of the Forest Department and the Highways Department were reconciled with each other. The Estimated cost for Compensatory planting for damaged trees together with the maintenance cost fixed the amount of (Rs.1,04,560 + 1890) Rs. 1,06,450/-as above by the Forest Department. Based on the reports of the Forest Department, the Highways Department has taken into account of the estimation of the Forest Department to the tune of (Rs.1,04,560 + 1890) Rs. 1,06,450/-and in addition to that the Highways Department has added an amount of Rs.25200/- towards the maintenance charges for three years and totally arrived the estimation of Rs. 1,31,650/- (Rs.1,06,450 + 25,200). Since the saplings and grown trees are to be maintained by the Highways Department, it is recommended that the higher value fixed by the Highways Department as Rs.1,31,650/- may be considered for taking further action.
[14]
As per order of this Hon'ble Court, appropriate reports of the estimation have been received from the Forest Department and Highways Department, this Status Report is now submitted with regard to the consolidation reports of the estimation towards the damaged neem trees. Herewith I submit the copies of the relevant documents in supporting of the above averments for necessary orders.
DISTRICT COLLECTOR, ERODE DISTRICT, ERODE.
11.7th respondent filed a counter affidavit denying the allegations made in the newspaper report and also the report submitted by the Departments. It is further contended that his father namely, Dr. Subbaian is a renowned and famous doctor in the locality of Kodumudi town and he, the 7th respondent himself is a successful doctor and his wife Dr. Deeba also renders valuable service with him.. The entire family of 7th respondent have dedicated their life to serve the down trodden people by running P.P Hospital, at Kodumudi and conducted various welfare measures like blood donation camps, medical camp and also planting various trees in order to maintain the environment and to achieve pollution free India.
12.He further submitted that he himself has planted the said Neem trees and other trees in the locality on his own. One Mr. V.T. Periyasamy, who claims to be the landlord and purchased the adjacent land had demolished the compound wall near their hospital which was objected to by them and in order to wreck vengeance and create false and frivolous complaints were made against them.
13.When the photographs of the demolition of compound wall were shown to the Inspector during enquiry, the same has been closed. Thereafter, the nearby land owner had undertaken to construct the compound wall and restore the same to its original position. In order to wreck vengeance against doctors, they have made lot of complaints against them. Even in the complaint filed, there was no mention about their involvement, no first [15] information report was registered on the basis of the complaint given. They denied the allegations that at the instant of 7th respondent, his employees had done the same. In fact they themselves have nurtured the plants and maintained the Neem trees and there is no need for them to remove the same. So they prayed to close the suo motu case.
14.They have also filed additional affidavit reiterating the same things and further stating that instead of impleading the persons who have admitted to having done the same as a party to the proceedings, the present respondent has been wrongly impleaded. They have further stated that there is no possibility of identifying any person as the alleged incident had happened on a new moon day. They denied the allegation that they have instructed their employee to do the same.
15.He had also questioned the genuineness of the statement given by Mr. Syed Mustafa and his employee Mr Rajkumar and security person working in the ICICI ATM and the owner of the saloon and the employee of the fruit shop and if they have really seen the incident what prevented them from complaining to the Highway Department or to the Police immediately. So according to them the statements are concocted to falsely fix the 7 th respondent for this purpose and on account of some personal vengeance against the 7th respondent that said Mr. Syed Mustafa and other persons have given a statement before the Police to affect the image and reputation of the 7th respondent. They prayed for closure of the suo motu proceedings without imitating any action against them.
16.Heard. Dr. D. Shanmuganathan, Learned Counsel for the State Department and Mr. Ma. Pa. Thangavel for 7th respondent.
17.Learned Counsel appearing for the State Departments submitted that on the basis of the enquiry made by the concerned District Collector and the Police, [16] it was revealed that as instructed by the 7th respondent some of their employees had committed this mischief and as such they are liable to pay the compensation as fixed by the Department.
18.On the other hand the Learned Counsel appearing for the 7th respondent submitted that there is no prima facie evidence available for fixing of the liability on the 7th respondent and though a CSR was registered as CSR 49 of 2021 and some enquiry was conducted, there was no crime registered on that basis so far. But however the Learned Counsel appearing for the 7th respondent submitted that if this Tribunal directs without fixing any liability on 7th respondent as a miscreant, the 7th respondent is prepared to plant as many as trees as directed by this Tribunal in the place of the damaged trees as a person interested in protecting environment and improving green cover which they are even otherwise taking care of and even undertake to maintain the same in consultation with the District Administration and the State Highway Department to protect the saplings that has been planted by them as directed by this Tribunal.
19.We have considered the submission made by the both the Learned Counsel.
20.The above case has been suo motu registered by this Tribunal on the basis of the newspaper report stating that some neem trees standing on side of the highway in front of 7th respondent's hospital was found charred and it would have been charred by pouring acid and that would have been done by some miscreants to destroy the trees. It is on that basis this Tribunal had directed the District Collector in consultation with the District Forest Officer to submit a report.
21. The State Highway Department and the 6th respondent have filed independent reports wherein they have stated that on enquiry, it was revealed that on the instruction of the 7 th respondent, some of their [17] employees ought to have done this as on an earlier occasion when they tried to cut the trees, that was objected by the Highway Department.
22.The District Collector also filed a statement wherein they have reiterated the materials collected on the basis of the enquiry conducted by the police and according to them this ought to have been done by employees of the 7th respondent at their instructions.
23.It is an admitted fact that four neem trees were charred due to pouring of acid. This could be possible only by some miscreants doing some act of pouring acid which is likely to destroy the trees and this will not happen otherwise. The District Collector in consultation with the District Forest Officer had mentioned that the trees cannot be rejuvenated as such, as most of the portion of the trees had been completely damaged beyond repair, so they will have to be replaced and they also assessed the compensation of Rs. 1,31,6500/- as follows: the value of the four Neem trees is Rs. 1,890/-, if 40 trees will have to be re-planted in that area, then the expenses required for maintaining the same for one year it will come to Rs. 1,04,560/- and if the State Highway Department will have to maintain it for another three years, they require Rs. 25,200/- thereby an amount of Rs. 1,31,650/- will be required as compensation to be recovered.
24.It is also seen from the reports that on the basis of the complaint given by Highway Department, the Kodumudi Police has registered a case as CSR No. 49 of 2021 on 24.06.2021 and the matter is under investigation. It is seen from the report that on the basis of the some evidence collected, there were some observations made by some of the witnesses regarding the involvement of employees of 7th respondent. But however, that cannot be taken as a complete evidence for this purpose but under the provisions of the Code of Criminal Procedure, 1973 but at the same time neither the Evidence [18] Act, 1872 nor the strict rules of evidence are available for the National Green Tribunal under Section 19 of the National Green Tribunal Act, 2010. Further it is also settled law that the decree of proof as required in a criminal case to prove the case beyond reasonable doubt is not applicable in a civil proceedings or in a lie based on Tort and the same has to be evaluated by the Court or Tribunal on preponderous probabilities and for that purpose, Court can rely on the material collected by the Police under investigation as the bar under Section 162 of Code of Criminal Procedure, 1973 will be applicable on when same is used against the accused in the criminal case based on the investigation. However, in view of the submission and undertaking given by the Learned Counsel for the 7th respondent, on behalf of the 7th respondent, we feel that without going into the merits of the case and also fixing the legal responsibility as such but on the basis of the undertaking that 7th respondent will plant as many trees as directed by this Tribunal and also undertake the responsibility of maintaining the same as committed to protect environment as a responsible citizen in coordination with the Executive Officer of that Panchayat and also with the State Highway Department and the District Administration. The application can be disposed of as follows:
i. Without going into the question as to who was responsible for destruction of these trees and also on the basis of the contentions raised by the7th respondent in the counter statement that it was they who have planted these trees and they were nurturing and maintaining the same, we feel that instead of fixing a responsibility on them, they can be directed to replace the damaged trees with new saplings and also direct to plant another thirty six trees apart from the four saplings either in the nearby area or area identify by the District Collector and also they can be directed to maintain these saplings for a period of [19] three years and to ensure its survival in coordination with the District Collector will be sufficient and that will meet the ends of Justice. So the application is disposed of as follows:
I. Without going into merits of the case but recording the undertaking given by the Learned Counsel on behalf of the 7 th respondent, we direct the 7th respondents to plant four Neem saplings in the same place where they originally stood and found destructed and also plant another thirty six saplings of Neem trees, if it is not possible to plant in the same area, then in the place as directed by the District Collector with further direction to the 7th respondent to take the responsibility of maintaining those saplings to ensure its survival for a period of three years and thereafter the responsibility of maintaining the trees will have to be under taken by the State Highway Department or by the District Administration in coordination with the State Highway Department.
II. We are not expressing any opinion about the pendency of the CSR or further investigation to be conducted by the Police Department on the basis of the CSR and they are at liberty to take appropriate action against the persons who are found to be responsible for the same in accordance with law on the basis of the investigation conducted by them.
III. The 7th respondent is directed to take steps to plant the saplings as directed by this Tribunal within a period of three months from today and if it is not done, then the District Collector is entitled to execute the same as provided under Section 25 of the National Green Tribunal Act, 2010 as if it is a decree of Civil [20] Court in accordance with law.
IV. The Registry is directed to communicate this order to the District Collector and also the Executive Engineer, State Highways for their information and compliance of the directions.
25. With the above directions and observations, the application is disposed of.
...................................J.M. (Justice K. Ramakrishnan) ................................E.M. (Dr. Satyagopal Korlapati) O.A. No. 131/2021(SZ) 27th January, 2022. (AM) [21]