National Green Tribunal
Ram Singh vs The Principal Secretary on 11 December, 2025
Item No. 07 Court No. 2
BEFORE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Misc Application in Disposed of Cases No. 113/2024
In
Original Application No.173/2022
1. Ram Singh,
P.O Mane,
Teh. Spiti, Dist. Lahaul & Spiti,
Himachal Pradesh Applicant
Versus
1. The Principal Secretary
Public Works Department
Government of Himachal Pradesh
Kasumpti, Shimla, Himachal Pradesh -171009
2. The Principal Secretary
Forest Department
Government of Himachal Pradesh
NH 22, Shimla, Himachal Pradesh - 171002
Respondents
For the Applicant:
None for the Applicant.
For the Respondents:
Mr. Anubhav Sharma, Advocate for respondents no. 1 and 2.
Ms. Preeti Bhandari, Conservator of Forest, Shimla and Mr. Goldy, DCF Spiti (through VC).
PRESENT:
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER _____________________________________________________________________________ Order Reserved on:- 15.09.2025 Order pronounced on:- 11.12.2025 ________________________________________________________________________ Order M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors.in O.A. No. 173/2022 2
1. Shri Ram Singh, resident of P.O Mane, Teh. Spiti, Dist. Lahaul & Spiti, Himachal Pradesh had sent by post to this Tribunal a letter petition (received on 31.12.2021) which was treated and registered as Original Application in exercise of Suo Moto Jurisdiction.
2. The Applicant raised the grievances that the Executive Engineer, Public Works Department, Kaza Division, District Lahaul and Spiti, Himachal Pradesh (for short "HPPWD Kaza Division") has, by back cutting, constructed and widened about 8 km long road from Poh-Maidan to Dhanker by deliberately seeking FRA only for road length of just 1 km and 700 meters instead of seeking FRA from the concerned authority for the entire project and has thereby caused substantial damage to the most fragile strata in Lahaul and Spiti, Himachal Pradesh.
3. The above said O.A. was disposed of by this Tribunal vide order dated 03.01.2023. The relevant part of the order is reproduced below:
"8. In view of the above, the application is disposed of with the directions to take appropriate steps for obtaining approval of Competent Authority under the Forest (Conservation) Act, 1980 and the Forest Rights Act, 2006 as required and providing land for compensatory afforestation in lieu of forest land diverted for non-
forest purposes.
9. Action Taken Report alongwith copy of the Action Plan giving details regarding land ear-marked for compensatory afforestation, species to be planted, budget estimate with timelines and agency nominated for implementation etc. be submitted by e-mail at judicial- [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF, before the Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before this Bench for further directions."
M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors. in O.A. No. 173/2022 3
4. Since Action Taken Report was not submitted as directed vide order dated 03.01.2023, the matter was listed before the Bench for further directions by registering Miscellaneous Application no. 113/2024.
5. Vide order dated 27.11.2024 this Tribunal gave one more opportunity to the concerned authorities to comply with order dated 03.01.2023. The relevant part of the order reads as under:-
"5. The Action Taken Report as directed in the Judgment dated 03.01.2023 has not been submitted till date, though more than one year and ten months have passed. This attitude on part of concerned authorities is highly depreciable particularly when non-compliance of the order of Tribunal is an offence under Section 26 of National Green Tribunal Act 2010.
6. However, before taking any action in the matter at this stage, we are giving one more opportunity to the concerned authorities by requiring to submit compliance report as per judgment dated 03.01.2023 within three weeks failing which the concerned authorities i.e. Principal Secretary, Public Works Departments, State of Himachal Pradesh, Divisional Forest Officer, Wildlife, Lahaul & Spiti and Chief Conservator of Forest, Wildlife South shall appear before Tribunal on the next date."
6. In compliance of above order, report dated 16.12.2024 has been filed by the Conservator of Forests, Wild Life Circle (South), Shimla, Himachal Pradesh. The relevant part of the report is reproduced below:-
"ACTION TAKEN REPORT IN COMPLIANCE TO ORDER DATED 03.01.2023 AND 27.11.2024 IN ORIGINAL APPLICATION ΝΟ. 173/2022 TITLED AS RAM SINGH VERSUSSTATE OF H.P. & ORS. ON BEHALF OF HIMACHAL PRADESH FOREST DEPARTMENT THROUGH CONSERVATOR OF FORESTS, WILDLIFE (SOUTH), BY WAY OF AFFIDAVIT, X X X X
5. That in above reference, it is humbly brought to the kind attention of this Hon'ble Tribunal that the predecessor of the deponent as well as field officers of Wild Life Wing of forest department had written several letters and reminders to Executive Engineer, HPPWD, Kaza division, being user agency, to apply for approval of competent authority under the Forest (Conservation) Act, 1980 through the PARIVESH portal of MoEF&CC. The letters/reminders were sent by the office of Divisional Forest Officer Kaza on dated 14.09.2022, M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors.in O.A. No. 173/2022 4
01.10.2022, 17.10.2022, 15.03.2023, 18.04.2023, 31.08.2023 and 10.12.2024 (Annexure I to VII) as well as by the office of Chief Conservator of Forests, Wildlife (South) Shimla on dated 23.05.2023(Annexure-VIII).
6. That the Executive Engineer, HPPWD, Kaza division has applied for approval under Forest Conservation Act, 1980in PARIVESH portal vide Proposal No. FP/HP/ROAD/514215/2024 with total proposed diversion area of 7.16 hectare on dated 11/12/2024 (Annexure IX). Further, vide FC/AGENDA/PSC/521629/2024 30th meeting of Project Screening Committee (PSC) chaired by Nodal Officer-cum- APCCF (FCA) was convened through hybrid mode on 13.12.2024. As an outcome of this meeting, the Essential Details Sought (EDS)/queries have been raised by PSC to the User Agency (HPPWD) and as of 16.12.2024 the proposal is pending with User Agency for attending to the queries raised.
7. That as far as the action plan for compensatory afforestation is concerned, it is brought to the kind attention of this Hon'ble Tribunal that proposal has been prepared vide letters/documents Annexure X to XVII and the 20.8 hectare land has been identified for compensatory afforestation and digitally mapped in UPF Morang of Spiti Wildlife Division, District Lahaul & Spiti and detailed compensatory afforestation scheme along with budget estimate has been prepared as per the existing provisions of Consolidated guidelines and clarifications issued under Van (Sanrakshan evam Samvardhan) Adhiniyam, 1980 and Van (Sanrakshan evam Samvardhan) Rules, 2023 and as per existing Himachal Pradesh Forest Department cost norms for Compensatory afforestation for 2024-25.However, this action plan for compensatory afforestation needs to be uploaded in the PARIVESH portal of MoEF&CC and was contingent on the User agency (HPPWD) uploading the proposal on the PARIVESH portal. Now that the proposal has been uploaded by HPPWD vide Proposal No. FP/HP/ROAD/514215/2024 on dated 11/12/2024, the detailed Compensatory afforestation scheme will be uploaded as and when the proposal comes for scrutiny and recommendation of Divisional Forest Officer of Wild Life Division Spiti in the PARIVESH portal."
7. Reply dated 20.12.2024 has been filed by the Secretary, Public Works Department (PWD), Government of Himachal Pradesh. The relevant part of the reply reads as under:-
"ACTION TAKEN REPORT ON BEHALF OF RESPONDENT NO 2 IN COMPLIANCE TO THE DIRECTIONS DATED 03.01.2023 PASSED BY THE HON'BLE TRIBUNAL IN THE ABOVE TITLED ORIGINAL APPLICATION.
X X X X M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors. in O.A. No. 173/2022 5
5. That in compliance to the directions of the Hon'ble Tribunal, the respondents have taken various steps as are required under the Forest Rights Act 2006 for diversion of forest land. The details /sequence of the steps taken in this regard by the respondents are as under:-
Sr.No. Date Action taken
1 30.01.2023 letter to Divisional Forest Office for distance
certificate of Wild Life Sanctuary and Eco-Sensitive Zone.
2 15.03.2023 letter to Addl. District Magistrate for Non-
Availability Certificate of Forest land 3 15.03.2023 letter to Chief Conservator Forest Wild Life Shimla for joint inspection.
4 21.03.2023 letter to President FRC Committee Dhankhar&Poh for NOC.
5 01.06.2023 FCA proposal prepared and submitted to Divisional Forest Officer, Kaza for preliminary scrutiny. 6 24.07.2023 Sub-Divisional Magistrate, Kaza was requested for joint inspection 7 24.07.2023 letter to Additional Deputy Commissioner, Kaza for grant of N.A.C. 8 03.08.2023 Joint Inspection done with Revenue and Forest authorities.
9 05.10.2023 letter to President FRC Committee Dhankhar&Poh for NOC from Assistant Engineer, Siching.
10 10.10.2023 NOC received from FRC Dhankar, Neupur and Dhar-
Nipti for 4.3381 hect.
11 06.11.2023 N.A.C received from Deputy Commissioner, Lahual&Spiti.
12 07.11.2023 letter to Divisional Forest Officer with FCA proposal for scrutiny and signature 13 01.12.2023 N.O.C. received from Gram Panchyat Dhankhar for 4.3381 hect.
14 05.01.2024& letter to President FRC Committee Poh for N.O.C. from 31.03.2024 Assistant Engineer, Sichling.
15 20.07.2024 letter to President FRC Committee Poh for N.O.C. from Assistant Engineer, Siching.
16 24.10.2024 letter to President FCR Committee Poh for N.O.C. for area of 2.8294 hect. (Dhar-Gangchumik) by the Assistant Engineer, Sichling Copies of the aforesaid letters are enclosed as AnnexureR-I for kind perusal.
6. That it is humbly submitted that the No Objection Certificate from the Forest Right Committees (FRC) of the Mohals is necessary in the matter for approval under the Forest Right Act. The FRCs of four Mohals have already furnished their NOC in the matter and NOC from one FRC of Poh, (Mohal named 'Dhar Gangchhumic') remains to be obtained. The matter was taken up with the concerned FRC to issue necessary NOC as required under the Forest Rights Act, 2006. The FRCs are independent M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors.in O.A. No. 173/2022 6
committees and constituted from amongst the local inhabitants as per provisions of Forest Rights Act, 2006.
7. That following the order dated 03.01.2023 the FRC of Poh (Mohal named 'Dhar Gangchhumic') was requested to issue NOC on 21.03.2023, 05.10.2023, 05.01.2024, 31.03.2024, 20.07.2024 and 24.10.2024 as mentioned above. After persistent refusal of NOC by FRC Of Poh, (Mohal named 'Dhar Gangchhumic'), the Respondent also took-up the matter with the Deputy Commissioner, Lahaul & Spiti to explore if there was any possibility under the relevant Act for overriding the NOC from FRC, in case the FRC persists with its decision not to grant NOC which is causing delay in complying with the directions of this Hon'ble Tribunal.
8. That as the FRC after repeated persuasions has refused to issue NOC and a prolonged period has elapsed, hence, the Respondents, in anticipation of obtaining the NOC from the said FRC, decided to upload the case for diversion of said forest land under the FCA, 1980 on Parivesh Portal of the MoEF&CC Govt. of India. In this regard an undertaking has been furnished by the Nodal Department mentioning therein that the NOC under Forest Rights Act for Revenue Mohal Poh (Dhar Gangchhumic) shall be uploaded after approval of the Deputy Commissioner of the concerned district. Copy of undertaking annexed as Annexure R-3. The complete FCA case was sent to the Project Screening Committee (PSC) of Forest Department on 11.12.2024 which raised certain observations/queries. The proposal has been re-uploaded on Parivesh Portal on 17.12.2024 after attending to all the queries raised by the PSC.
Now, the further action for processing of the FCA case uploaded on the Parivesh Portal after addressing all observation by the replying Respondent are required to be taken by the Respondent No 1.
9. That the deponent for expediting the matter also held a VC on 16.12.24. with the officers of Forest and Public Works department. Copy of the proceedings is annexed as Annexure R-2. Another VC was held by the deponent with the officers of Forest and Public Works Department on 18th of December, 2024. It was informed during the VC that despite repeated persuasion the FRC has not granted the NOC. It was also intimated by the Deputy Commissioner Lahaul & Spiti that in his knowledge there are no provisions in the Forest Rights Act 2006 to override the necessity of NOC of the FRC. However, it was assured by him that the local administration with the political representatives of the area will again try to persuade the FRC to grant NOC. The Additional PCCF (FCA) also apprised that the case after addressing the queries has been uploaded on Parivesh Portal and the Project Sanctioning Committee has forwarded the case to DFO for site visit. After receiving the report from the DFO Kaza, the proposal will be processed as per norms by the Forest Department.
M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors. in O.A. No. 173/2022 7
10. That with respect to the directions of the Hon'ble Tribunal to prepare the action plan for Compensatory Afforestation, it is most respectfully submitted that the Respondent No 1 has identified 20.8 Hectares of land for Compensatory Afforestation and the action plan in this regard has been uploaded on the Portal by the Respondent No 2. Besides, the detailed Compensatory Afforestation scheme which also contains details of species to be planted, budget estimates, timelines and the agency nominated for the implementation, has been prepared and will be uploaded on the Portal by the Respondent No 1 shortly.
11. That the Deponent on coming to know about the directions of the Hon'ble Tribunal has taken the matter seriously and is monitoring the progress of the matter on day to day basis. The deponent ensures that no effort will be spared to expedite the matter in accordance with law. The Deponent has also taken serious cognizance of the delay caused in compliance of the directions of the Hon'ble Tribunal and has also issued the show cause notices to the erring officers. Copy of such notice is annexed as Annexure R-4."
8. Vide order dated 23.12.2024, this Tribunal observed that substantial environment damage is caused by cutting the trees for execution of the project undertaken without any compensatory afforestation which is unreasonably delayed. Despite passing of order by this Tribunal for compensatory afforestation on 03.01.2023, the authorities did not take any step worth the name for such compensatory afforestation. The present and future generations cannot be made to suffer for inactions, negligence and inefficiency of officers who are entrusted with the duties of carrying out such compensatory afforestation in lieu of cutting of trees for execution of such projects. Such practice of initiating process of compensatory afforestation after long and unreasonable delay amounts to malpractice which causes substantial environmental damage and needs to be remedied. Accordingly, State of Himachal Pradesh and Secretary, PWD, Himachal Pradesh were directed to ensure that in future when any project involving cutting of trees is to be executed by PWD, then cutting of trees may not be commenced without simultaneously initiating the process of compensatory M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors. in O.A. No. 173/2022 8 afforestation and compensatory afforestation may be carried out within period of three months of cutting of trees by PWD for completion of the project undertaken by it.
9. By the above said order State of Himachal Pradesh and its instrumentalities were directed to file affidavits of concerned officers containing an undertaking specifying the period within which the compensatory afforestation will be carried out with all requisite details.
10. Mr. Surjeet Singh Rathore, Additional Secretary, PWD, Ms. Preeti Bhandari, Conservator of Forest (South) and Mr. Mandar Jeware, DFO, Spiti appeared before this Tribunal through VC on 23.12.2024 in compliance of order dated 27.11.2024 but they could not make any submission due to technical problems on their side on which they were directed to appear before this Tribunal physically on the next date of hearing for assisting this Tribunal in taking proper steps for execution of the order passed by this Tribunal and affidavits of the concerned officers were also ordered to be filed at least one day before the date of hearing fixed.
11. In compliance of order dated 23.12.2024, Action plan dated 13.01.2025 has been filed by respondent no.1. Relevant part of the action plan reads as under:-
"ACTION PLAN AND TIMELINE SUBMISSION IN COMPLIANCE TO ORDER DATED 03.01.2023, 27.11.2024 AND 23.12.2024 IN ORIGINAL APPLICATION NO. 173/2022 TITLED AS RAM SINGH VERSUS STATE OF H.P. & ORS. ON BEHALF OF HIMACHAL PRADESH FOREST DEPARTMENT THROUGH CONSERVATOR OF FORESTS, WILDLIFE (SOUTH), BY WAY OF AFFIDAVIT X X X X
6.That in above reference, it is humbly brought to the kind attention of this Hon'ble Tribunal that as per the Site Inspection carried out by DFO Wildlife Spiti on dated 20.12.2024 (Detailed report attached as M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors.in O.A. No. 173/2022 9
Annexure-I), and further joint measurement of road with HPPWD from 26.12.2024 to 27.12.2024 the actual area of on ground violation came out to be 6.8379 ha. Further, Executive Engineer HPPWD (B&R division), Kaza vide his letter to DFO Wildlife Spiti dated 30.12.2024 (Attached as Annexure-II), submitted that additional area required for diversion will be 0.7 ha, bringing the total area of diversion to 7.5479 ha. Hence, the total CA area proposed has now been revised to 28.7516 ha from previous 20.8 ha.
7.That the Secretary HPPWD has conveyed sanction of funds to be deposited for CA and requested to apprise the process of depositing the funds for CA vide letter no.PWD-C-E0(3)/47/2024(E-248698)- 2152322 dated 08.01.2025 (Attached as Annexure-III).
8. That the PCCF (HoFF), Himachal Pradesh vide letter no. Ft. 42- 414/2022 (FCA) HP Forest Department dated 08.01.2025 conveyed to Secretary, HPPWD that the penal CA amounts are to be deposited into the Compensatory Afforestation Management and Planning Authority (CAMPA) account. However the proposal uploaded on PARIVESH portal 2.0 bearing online No. FP/HP/ROAD/514215/2024 for seeking ex-post facto approval for the diversion of forest land under the provisions of the Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980, has not received Stage-1/In-principle approval yet and accordingly as per the Van (Sanrakshan Evam Samvardhan) Rules 2023, amount compensatory levies (Net Present Value, Compensatory afforestation etc.) are to be realised after Stage-1/In-principle approval by MoEF&CC and the matter for allowing HPPWD to deposit the penal CA amount before Stage-1/In-principle approval has been taken up with MoEF&CC (Attached as Annexure-IV).
9.That it is humbly brought to the kind attention of this Hon'ble Tribunal that as per Rule 11(2) of Van Adhiniyam (Sanrakshan evam Samvardhan) Rules, 2023, "On receipt of a copy of the 'In-Principle' approval, the Divisional Forest Officer shall prepare a demand note containing the item-wise amount of compensatory levies, as applicable, to be paid by the user agency and communicate the same to the user agency" and as per Rule 14(2) Van Adhiniyam (Sanrakshan evam Samvardhan) Rules, 2023 (Attached as Annexure-V) "the compensatory afforestation plan approved as part of the said forest diversion proposal and the work of compensatory afforestation shall start within two years of issue of order of diversion of the corresponding forest land".
10. That as far as the timeline and action plan for compensatory afforestation is concerned, it is brought to the kind attention of this Hon'ble Tribunal that detailed proposal for Compensatory afforestation has been uploaded on the PARIVESH portal on dated M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors. in O.A. No. 173/2022 10
04.01.2025 by DFO Wildlife Spiti and the 28.7516 hectare land has been identified for Compensatory Afforestation and digitally mapped in UPF Morang & Hull of Spiti Wildlife Division, District Lahaul & Spiti and detailed compensatory afforestation scheme along with budget estimate has been uploaded on PARIVESH portal as per the existing provisions of Consolidated guidelines and clarifications issued under Van (Sanrakshan evam Samvardhan) Adhiniyam, 1980 and Van (Sanrakshan evam Samvardhan) Rules, 2023 and as per existing Himachal Pradesh Forest Department cost norms for Compensatory afforestation for 2024-25. Further, the timeline proposed and detailed CA scheme along with maps of CA area proposed is attached (Attached as Annexure VI to VIII).
11. That it is also brought to the kind attention of this Hon'ble Tribunal that the PCCF-cum-Nodal Officer FCA, Shimla vide his letter no. Ft.42-414/2022(FCA) HP Forest Department dated 08.01.2025 has requested MoEF&CC to enable the HPPWD to deposit the amount of CA on PARIVESH portal before Stage-1 approval in compliance to the directions by Hon'ble Tribunal in the orders dated 23.12.2024 (Attached as Annexure IX). Response of MoEF&CC is awaited in this regard. Further, the FCA case on PARIVESH portal has also been recommended and forwarded by Nodal Officer FCA to the State Government for further recommendation to MoEF&CC on dated 10.01.2025 and is currently pending with the state government.
12. That in compliance to the observations made by Hon'ble NGT during the hearing of 23.12.2024 regarding action taken by Forest department on delinquent officials including the User agency i.e. HPPWD, who were responsible for causing/allowing the diversion of forest land in contravention to the provisions of FRA 2006 and FCA 1980, it is submitted that disciplinary action has been initiated against the delinquent field officials (Attached as Annexure X).
13. Further, it is submitted that as soon as the violations being committed by the user agency came into light, a complaint was registered by RFO Tabo at PS Kaza. The status of which was sought by DFO Wildlife Spiti from SP, Lahaul & Spiti vide his office letter No. 3281 dated 24.12.2024 and No. 3410 dated 08.01.2025, requesting for status of action taken in respect of complaint filed by RFO Tabo on dated 15.12.2022 (Attached as Annexure XI). SP Lahaul & Spiti has conveyed detailed report in this regard (Attached as Annexure XII)."
12. Affidavit dated 13.01.2025 has been filed by respondent no.2. The relevant part of the affidavit reads as under:-
M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors.in O.A. No. 173/2022 11
"ACTION TAKEN REPORT ON BEHALF OF RESPONDENT NO 2 IN COMPLIANCE TO THE DIRECTIONS DATED 03.01.2023, 27.11.2024 and 23.12.2024 PASSED BY THE HON'BLE TRIBUNAL IN THE APPLICATION. ABOVE TITLED ORIGINAL X X X X X
4. That consequent to directions of this Hon'ble Tribunal dated 27.11.2024, the Replying Respondent No.2 held a VC on 16.12.2024 with the officers of the Forest and Public Works Departments. Copy of the minutes of the VC at Annexure R/1. Another VC was held by the Respondent No 2 with the officers of above two Departments on 18.12.2024. In the said meetings strict directions were issued to the concerned officers to take immediate necessary steps to ensure compliance of the orders of this Hon'ble Tribunal without causing any further delay in the same.
5. That the processing of FCA proposal has been delayed considerably due to the reasons that the concerned Forest Rights Committee(FRC)(Mohal named 'Dhar Gangchhumic') did not issue NOC as required under the Forest Rights Act, 2006 and as such in the absence of FRC being issued, the case could not proceed further. The Deponent/respondent No.2 again took up the matter with the Deputy Commissioner, Lahaul & Spiti, Himachal Pradesh vide letter dated 30th December, 2024(Annexure-R/2) with the directions to convene a special meeting of Gram Sabha of concerned Revenue village Poh ('Dhar Gangchhumic') to consider the matter of issuance of certificate containing that the rights recognition process under the FRA is complete in the area being proposed for diversion.
6. That as a result of above directions issued by the respondent No. 2, the matter was considered in the special Gram Sabha and finally the concerned Gram Sabha/Forest Rights Committee of Poh Mohal('Dhar Gangchhumic) issued the No Objection Certificate (NOC)on 31.12.2024. Further, after approval of the District Level Committee(DLC) constituted under Forest Rights Act, 2006, the Deputy Commissioner, District Lahaul & Spiti, Himachal Pradesh, issued the requisite certificate under Forest Rights Act, 2006 on 04.01.2025. (Annexure R/3).
7. That in order to ensure compliance of the orders of this Hon'ble Tribunal and for speedy approval of the FCA proposal, the Deponent/respondentNo.2 convened a meeting on 03.01.2025 in which officers of the Public Works Department, Forest Department, Deputy Commissioner, Lahaul & Spiti and Sub-Divisional Magistrate (Kaza) participated. Minutes of the meeting dated 03.01.2025 have been annexed as Annexure-R/4. In the meeting the representatives of the Forest Department intimated that as per measurements carried out by the Joint Committee constituted under the directions of Hon'ble Tribunal in the subject matter case, the concerned violations were not recorded, but after approval of the FCA proposal by the Project Screening M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors.in O.A. No. 173/2022 12
Committee-I(PSC-I), it was forwarded to the DFO Kaza for site inspection.
8. During the site inspection, the area under FCA violations were measured again and the extent of violation was found to be about 6.8379 hectares which is more than what had been earlier reported to this Hon'ble tribunal. Further, the Executive Engineer, HP PWD (B&R Division), Kaza vide his letter addressed to DFO, Wildlife Spiti dated 30.12.2024 (Annexure-R5) has submitted that additional area required for diversion will be 0.7 hectares, bringing the total area of diversion to 7.5479 hectares.
9. That as a result of the same, the total CA area has now been revised to 28.7516 hectares from previous 20.8 hectares. Now, the FCA case has been processed as per the revised measurement of violation of Forest Land and all the requisite documents have been re-uploaded by the Deponent/respondent No.2 on PARIVESH portal on dated 09.01.2025 after attending to the queries raised by the Project Screening Committee-П(РЅС-II).
10. That the Forest Authorities have worked out the Compensatory Afforestation(CA) cost amounting to Rs. 1,35,24,160/-. The Deponent/replying respondent No.2 vide letter dated 03.01.2025 (Annexure-R/6) took up the matter with the Commissioner-cum- ACS(Tribal Development) to the Government of Himachal Pradeshfor providing the requisite funds. The proposal for allocation of funds was taken up with the Planning & Finance Department. The Respondent No. 2 proactively pursued the matter with these Departments due to which the funds were sanctioned within a short period. The Commissioner(TD) vide his letter dated 7th January, 2025 (Annexure-R/7) has conveyed the sanction of Rs. 1,35,24000/-(rupees One Crore Thirty Five Lakh Twenty Four Thousand) only.
11. That the Administrative approval/Expenditure Sanction of Rs. 1,35,24000/-(rupees One Crore Thirty Five Lakh Twenty Four Thousand) only has been conveyed by the replying respondent to the Engineer-in-Chief, Himachal Pradesh Public Works Department vide letter dated 08.01.2025(Annexure-R/8).
12. That the replying Respondent No. 2 vide letter dated 08.01.2025 (Annexure-R/9)wrote to the Principal Conservator of Forest (HOFF), Forest Department, Himachal Pradesh to apprise the Department of Public Works about the process required to be followed to deposit the cost of Compensatory Afforestation (CA) amount of Rs. 135.24 lakh as the funds have been sanctioned by the Finance Department, enabling the Respondent No. 2 to ensure compliance of the Hon'ble NGT orders. M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors.in O.A. No. 173/2022 13
13. That in response to the above letter, the Forest Department vide letter dated 08th January, 2025 (Annexure-R/10) has intimated that in normal course the Penal CA amount is to be deposited in Compensatory Afforestation Management and Planning Authority (CAMPA) account after stage-1 clearance, but the instant proposal has not received stage- 1/in principle approval yet and the amount cannot be deposited on the Portal. Hence, the matter has been taken up by the HP Forest Department with the Ministry of Environment & Climate Change, Government of India to allow the State Government to deposit the Penal CA amount on the PARIVESH portal before state-1 approval to ensure compliance of the Hon'ble NGT orders (copy of letter at Annexure-R/11).
14. That the replying respondent would like to summarize that in compliance to the directions of the Hon'ble Tribunal vide order dated 03.01.2023 and orders issued in subsequent hearings of this matter, the FRA certificate of one leftover Mohal 'Dhar Gangchhumic' has been obtained, the FCA case is also in an advanced stage of approval and the CA amount of Rs. 1,35,24000/- also stands sanctioned to be disbursed to the Forest Department, however since there is no Stage-1 approval, the same cannot be deposited in the CAMPA account for further process on CA, which can only be further done after receiving Stage-I approval."
13. On 15.01.2025, Dr. Abhishek Jain, IAS, Secretary, PWD, Ms. Preeti Bhandari, Conservator of Forest (South) Shimla and Mr. Mandar Jeware, DFO, Spiti appeared in person before this Tribunal and submitted that due compliance will be made by respondents with the orders passed by this Tribunal.
14. Learned Counsel for State of Himachal Pradesh sought time for filing of further compliance report. Vide order dated 15.01.2025, respondent no.1- State of Himachal Pradesh was allowed to file further compliance report at least three days before the date of hearing fixed.
15. In compliance of order dated 15.01.2025, further compliance report dated 13.03.2025 has been filed by respondent no.1-State of Himachal Pradesh and respondent no.2-Secretary, PWD, Government of Himachal M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors. in O.A. No. 173/2022 14 Pradesh. The relevant part of the compliance report filed by respondent no.1-State of Himachal Pradesh reads as under:-
"COMPLIANCE REPORT IN COMPLAINCE TO ORDER DATED 15.01.2025 IN ORIGINAL APPLICATION NO. 173/2022 TITLED AS RAM SINGH VERSUS STATE OF H.P. & ORS. ON BEHALF OF GOVERNMENT OF HIMACHAL PRADESH, BY WAY OF AFFIDAVIT X X X X
5. That, it is humbly submitted that the FCA proposal was forwarded to the Ministry of Environment, Forests & Climate Change (MoEF&CC) on dated 13.01.2025.
6. That the FCA case was further scrutinised by Inspector General of Forests (IGF), MoEF&CC and some queries were raised through Essential Detail Sought (EDS) within PARIVESH 2.0 portal on dated 19.02.2025. Out of the queries raised, 4 queries pertained to User agency i.e. HPPWD and same was forwarded to User agency by DCF Wildlife Spiti, after attending all queries raised on Part-2, on dated 28.02.2025 for uploading its replies. The User agency has replied to the observations raised on dated 10.03.2025 and further, the case was forwarded to PCCF-cum-Nodal Officer (FCA) Shimla by DCF Wildlife Spiti, on dated 11.03.2025. Further, the FCA proposal has been subsequently forwarded to MoEF&CC through State Secretary on dated 12.03.2025, annexed as Annexure 1.
7. That the PCCF (HoFF), Himachal Pradesh vide letter no. Ft. 42- 414/2022 (FCA) HP Forest Department dated 08.01.2025 conveyed to Secretary, HPPWD that the Penal CA amounts are to be deposited into the Compensatory Afforestation Management and Planning Authority (CAMPA) account. However the proposal uploaded on PARIVESH portal 2.0 bearing online No. FP/HP/ROAD/514215/2024 for seeking ex-post facto approval for the diversion of forest land under the provisions of the Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980, has not received Stage-1/In-principle approval yet and accordingly as per the Van (Sanrakshan Evam Samvardhan) Rules 2023, amount compensatory levies (Net Present Value, Compensatory afforestation etc.) are to be realised after Stage-1/In-principle approval by MoEF&CC and the matter for allowing HPPWD to deposit the penal CA amount before Stage-1/In-principle approval has been taken up with MoEF&CC.
the PCCF-cum-Nodal Officer FCA, Shimla vide his letter no. Ft.42- 414/2022(FCA) HP Forest Department dated 08.01.2025 has requested MoEF&CC to enable the HPPWD to deposit the amount of CA on PARIVESH portal before Stage-1 approval in compliance to the directions by Hon'ble Tribunal in the orders dated 23.12.2024. Response of MoEF&CC is still awaited in this regard. "
M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors.in O.A. No. 173/2022 15
16. On 18.03.2025, Ms. Preeti Bhandari, CF Wildlife (South), Shimla and Mr. Mandar Umesh Jeware, DCF, Wildlife, Spiti appeared through V.C. and made submissions. Vide order dated 18.03.2025, additional compliance reports were ordered to be filed by respondents no 1 and 2 at least one week before the next date of hearing fixed.
17. Affidavit dated 13.03.2025 and 10.07.2025 was filed by respondent no. 2. The relevant part of the affidavit dated 10.07.2025 reads as under:-
"ADDITIONAL COMPLIANCE REPORT ON BEHALF OF RESPONDENT NO. 2 IN COMPLIANCE TO THE ORDERS DATED 18.03.2025 PASSED BY THE HON'BLE TRIBUNAL IN THE ABOVE TITLED ORIGINAL APPLICATION.
X X X X
3. That pursuant to the passing of the order dated 18.03.2025, it is humbly submitted that the Respondent herein is making every possible attempt to ensure the compliance of the order of the Hon'ble Tribunal in letter and spirit. That it is submitted that the FCA proposal was uploaded by the Deponent/respondent No.2 on PARIVESH portal 2.0 on 11.12.2024 which was scrutinized by Project Screening Committee-I and subsequently by the Project Screening Committee-II of Forest Department on 09.01.2025. Thereafter the proposal was accepted by the Nodal Officer and forwarded to the Ministry of Environment, Forest and Climate Change (MOEF&CC), Government of India.
4. That the FCA case was further scrutinized by the Technical Officer, Ministry of Environment, Forest and Climate Change (MOEF&CC), Government of India, who raised certain queries. Out of the queries so raised, 04 no. of observations were forwarded by the Deputy Conservator of Forest, Spiti (H.P.) to the user agency i.e. Public Works Department on 28.02.2025 for uploading the replies. The replying Respondent No. 2 uploaded the replies to the observations promptly on 10.03.2025.
5. That it is humbly brought to the attention of this Hon'ble Tribunal, that for getting the Stage-I/In-principle approval, with the combined efforts of the Respondents, a team from the Ministry of Environment, Forest and Climate Change (MOEF&CC), Government of India visited the spot in Kaza and more particularly the site in question, between the period of 02.06.2025 to 05.06.2025 and also raised certain queries. The Deputy Conservator of Forest, Spiti (H.P.) forwarded the queries to the user agency i.e. Public Works Department in June, 2025 for uploading the replies to the queries so raised by the team of MoEF& CC. The replying Respondent No. 2 has attended to the queries and uploaded M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors.in O.A. No. 173/2022 16
the replies to the observations on PARIVESH portal on 26.06.2025 and 30.06.2025 respectively.
6.That as per the latest status of FCA case provided to the replying respondent by the Forest Department on 05.07.2025, it has been informed that the proposal is under active consideration at the final level of the Technical Officer, Forests, Ministry of Environment, Forest and Climate Change, Government of India (Head quarter) New Delhi, since 02.07.2025 for issuance of Stage-I (In-Principle) approval (Annexure R/1).
7. That with regard to the Compensatory Afforestation, the funds amounting to Rs. 1,35,24,160/- have already been made available to the Executive Engineer, HP Public Works Department Kaza Division by the replying respondent No.2. The Executive Engineer, Kaza took-up the issue of payment of Compensatory Afforestation (CA) cost of Rs. 1,35,24,160/-with the Forest Department on various occasions including on dated 27.02.2025 and it has been informed by the authorities of the Forest Department that the online portal for CAMPA does not permit payment of CA cost before stage-I approval, hence, the funds cannot be utilised before Stage-I in-principle approval. The Forest Department, i.e. Respondent No. 1 has taken-up the matter with Inspector General of Forests, Government of India (MoEF&CC), for granting relaxation treating this as an exceptional case being NGT matter and their approval is awaited.
8. That the departmental disciplinary proceedings have been initiated against the Officers/Officials responsible for the FCA violation and Non- compliance of orders of Hon'ble Tribunal, the detail is annexed as Annexure R/2.
9. That the replying respondent has been making all out efforts to implement the orders of this Hon'ble Tribunal and the deponent assures that the orders of the Hon'ble Tribunal will be implemented in letter and spirit at the earliest and without any delay."
18. Affidavit dated 10.07.2025 has been filed by DCF, Wild Life (South) Circle, Himachal Pradesh Forest Department. The relevant part of the affidavit dated 10.07.2025 reads as under:-
"ADDITIONAL COMPLIANCE REPORT IN COMPLIANCE TO ORDER DATED 18.03.2025 IN ORIGINAL APPLICATION NO. 173/2022 TITLED AS RAM SINGH VERSUS STATE OF H.P. & ORS. ON BEHALF OF GOVERNMENT OF HIMACHAL PRADESH, BY WAY OF AFFIDAVIT, X X X X
5.That, it is humbly submitted that the proposal for diversion of land under FCA for the road from "Poh maidan to Dankhar" was forwarded M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors.in O.A. No. 173/2022 17
to the Ministry of Environment, Forests & Climate Change (MoEF&CC) on dated 13.01.2025 by the Himachal Pradesh State Government.
6. That the proposal was further scrutinised by Inspector General of Forests (IGF), MoEF&CC and some queries were raised through Essential Detail Sought (EDS) within PARIVESH 2.0 portal on dated
19.02.2025. After attending to the EDS by both user agency and DCF WL Spiti, the FCA proposal was subsequently forwarded to MOEF&CC through State Secretary on dated 12.03.2025, and thereafter was pending at level of the Technical Officer MOEF&CC Headquarters from dated 12.03.2025 to 03.04.2025. The FCA case was then processed by Inspector General of Forests MOEF&CC on dated 08.04.2025 and EDS was raised to the State. After attending all queries, the case was forwarded again on 08.05.2025 by State Secretary to MOEF&CC. EDS was again raised by Inspector General of Forests MOEF&CC on 24.06.2025 to the State. The same were attended on priority and the FCA Case was thereafter forwarded to MOEF&CC on 02.07.2025 by the State Secretary. As on 10.07.2025 the FCA Case is pending with Technical officer MOEF&CC Headquarters for further processing under the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980. Details annexed as Annexure -I.
7.That, the site inspection of the road mentioned in the FCA proposal i.e from Poh Maidan to Dankhar Helipad has been carried out on 04.06.2025 by the Deputy Inspector General of Forest as per provision contained in the rule 10(4) of Van (Sanrakshan Evam Samvardhan) Rules, 2023. The photographs of the site inspection are annexed as Annexure -II.
8. That, the departmental disciplinary proceedings have been initiated against the Officers/ Officials responsible for the construction of road in contravention of provisions given under Forest Right Act 2006 as observed by the Joint Committee constituted by the Hon'ble NGT, the detail is annexed as Annexure-III.
9. That, the replying Respondent has been making all efforts to implement the orders of this Hon'ble Tribunal and the deponent assures that the orders of the Hon'ble Tribunal will be implemented in letter and spirit."
19. Supplementary Compliance report dated 11.08.2025 has been filed by State of Himachal Pradesh. The relevant part of the compliance report dated 11.08.2025 reads as under:-
"SUPPLYMENTARY COMPLIANCE REPORT IN ORIGINAL APPLICATION NO. 173/2022 TITLED AS RAM SINGH VERSUS STATE OF H.P. & ORS. ON BEHALF OF GOVERNMENT OF HIMACHAL PRADESH, BY WAY OF AFFIDAVIT, X X X X M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors.in O.A. No. 173/2022 18
4. That the Forest Advisory committee on dated 30/07/2025 decided to 'defer' the proposal with following observations:
"1. State Government shall complete the action taken against the User Agency under IFA, 1927 and submit an updated action taken report.
2. State Government shall submit the action taken against the officials concerned for not being able to prevent the use of forest land for non forestry purpose.
3. State Government shall submit a wildlife management plan duly approved by the Chief Wildlife Warden, Himachal Pradesh."
5. That, it is humbly submitted that User agency vide Range Forest Officer Tabo letter No. 75/T dated 16/11/2022 and 79/T dated 13/12/2022 asked the user agency to deposit the penalty amounting to Rs. 1,49,10,000/- for unauthorized construction of road from Poh maidan to Dhankar Helipad. Vide Deputy Conservator of forests, Wildlife Division Spiti office letter No. 939 dated 11/08/2025 User Agency was again requested to deposit the penalty amount annexed as Annexure-I. Vide Deputy Conservator of forests, Wildlife Division Spiti office letter No. 3281 dated 24/12/2024 requested Superintendent of Police Lahaul and Spiti to submit the status of FIR alongwith action taken report regarding illegal road construction from Gecha to Dhankar Helipad. The reply from Superintendent of Police Lahaul and Spiti received in the office of Deputy Conservator of Forests, Wildlife Division Spiti vide his office letter No. 813 dated 09/01/2025 is annexed as Annexure II.
6. That, as per direction given by Hon'ble National Green Tribunal on dated 18.03.2025, departmental disciplinary proceedings have been initiated against the officer/ Official responsible for the violation, the detail is annexed as Annexure-III. Show cause notice has been issued from Pr. CCF (HoFF) HP was served to Sh. Hardev Singh Negi HPFS and Sh. Rajeev Kumar Sharma HPFS (Retd.) vide letter No. FFE-A (B) 14- 7/2025 dated 26/04/2025, Sh. Dorje Namgyal, RFO (Retd) vide letter No. 3157 dated 09/01/2025, Sh. Chhewang Angrup DR, Hansa Block the then I/C Sichiling block vide letter No 3160 dated 09/01/2025, Sh. Palvinder Forest Guard, RRC Tuti Kandi the then I/C Sichiling Beat vide letter No. 3159 dated 09/01/2025 and Sh. Devender Sharma Forest Guard, HNP Kufri the then I/C Poh Beat vide letter No. 3158 dated 09/01/2025, thereafter Charge Sheet to Sh. Chhewang Angrup DR, Sh.Palvinder Forest Guard and Sh. Davender Kumar Forest Guard, the responsible officer/officials have been framed and the inquiry process has been initiated.
7. That, the abstract of Wildlife Management Plan has been submitted in Parivesh Portal annexed as Annexure -IV. The preparation of Wildlife Management Plan is under preparation and will be submitted shortly for the approval of the Chief Wildlife Warden Himachal Pradesh.
8. That, the respondent seeks more time from Hon'ble National Green Tribunal, so that all necessary compliance as per previous Court order can be done at the earliest."
M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors. in O.A. No. 173/2022 19
20. We have heard submissions made by Mr. Anubhav Sharma, learned counsel for respondents no. 1 and 2 and we have gone through the material on record carefully.
21. It may be observed here that on 11.12.2024 the Executive Engineer, HPPWD, Kaza division applied in PARIVESH portal vide Proposal No. FP/HP/ROAD/514215/2024 for seeking ex-post facto Stage-1/In-principle approval for the total proposed diversion of 7.16 ha forest land under the provisions of the Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980. 20.8 hectare land was identified for compensatory afforestation and digitally mapped in UPF Morang of Spiti Wildlife Division, District Lahaul & Spiti and detailed compensatory afforestation scheme along with budget estimate was prepared as per the existing provisions of Consolidated guidelines and clarifications issued under the Van (Sanrakshan evam Samvardhan) Adhiniyam, 1980 and Van (Sanrakshan evam Samvardhan) Rules, 2023 and as per existing Himachal Pradesh Forest Department cost norms for Compensatory afforestation for 2024-25. As per the Site Inspection carried out by DFO Wildlife Spiti on 20.12.2024 and further joint measurement of road with HPPWD from 26.12.2024 to 27.12.2024 the actual area of on ground violation came out to be 6.8379 ha. The Executive Engineer HPPWD (B&R division), Kaza vide his letter to DFO Wildlife Spiti dated 30.12.2024 submitted that additional area required for diversion will be 0.7 ha, bringing the total area of diversion to 7.5479 ha and total CA area proposed was revised to 28.7516 ha from previous 20.8 ha.
22. The Conservator of Forest, Wildlife Circle (South), Shimla, H.P., has filed the action taken report which includes afforestation measures to be undertaken in 13 hectares in Kaza Forest Range of Spiti Wildlife Division. M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors. in O.A. No. 173/2022 20 The report also includes plantation alongwith ten years maintenance with the total costs of Rs. 61,19,142/-. Further the Chief Conservator of Forest, Wildlife Division has filed supplementary compliance which includes further physical activities such as mitigation plan, wildlife conservation, soil and moisture conservation plan for diversion of 7.1585 hectares of land for construction of road. The components of the proposed activities as follows:-
PROPOSED PHYSICAL ACTIVITIES AND FINANCIAL OUTLAY UNDER WILDLIFE CONSERVATION AND MITIGATION PLAN AND SOIL AND MOISTURE CONSERVATION PLAN FOR DIVERSION OF 7.1585 Ha LAND FOR CONSTRUCTION OF ROAD FROM POH MAIDAN TO DANKHAR HELIPAD, TEHSIL SPITI DISTRICT LAHAUL AND SPITI Sl.No ACTIVITY Ist year 2nd year 3rd year Total 1 Education and awareness generation Nature Education 25000 25000 25000 75000 camps for School Children Sub Total 25000 25000 25000 75000 2 Protected Area Management Habitat 100000 100000 75000 275000 management & Restoration activities Sub Total 100000 100000 75000 275000 3 Eco Development C/o Ice Stupa 25000 25000 25000 75000 (Model artificial M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors.in O.A. No. 173/2022 21
glacier) C/O water ponds 100000 100000 25000 225000 Sub Total 125000 125000 50000 300000 4 Maintenance of Permanent Assets Maint of Civil 110000 110000 50000 270000 Infra structure Sub Total 110000 110000 50000 270000 5 Office Expenses 20000 20000 14360 54360 Sub Total 20000 20000 14360 54360 G.Total 380000 380000 214360 974360
23. On 30.07.2025 the Forest Advisory Committee decided to 'defer' the proposal with following observations:
"1. State Government shall complete the action taken against the User Agency under IFA, 1927 and submit an updated action taken report.
2. State Government shall submit the action taken against the officials concerned for not being able to prevent the use of forest land for non forestry purpose.
3. State Government shall submit a wildlife management plan duly approved by the Chief Wildlife Warden, Himachal Pradesh."
24. The Deputy Conservator of forests, Wildlife Division, Spiti, vide office letter No. 3281 dated 24.12.2024 requested Superintendent of Police, Lahaul and Spiti to submit the status of FIR alongwith action taken report regarding illegal road construction from Gecha to Dhankar Helipad. The reply from Superintendent of Police Lahaul and Spiti received in the office of Deputy Conservator of Forests, Wildlife Division M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors. in O.A. No. 173/2022 22 Spiti vide his office letter No. 813 dated 09.01.2025 is annexed as Annexure II.
25. Disciplinary proceedings have been initiated against the officer/ Official responsible for the violation. Show cause notice issued by Pr. CCF (HoFF) HP was served to Sh. Hardev Singh Negi HPFS and Sh. Rajeev Kumar Sharma HPFS (Retd.) vide letter No. FFE-A (B) 14-7/2025 dated 26/04/2025, Sh. Dorje Namgyal, RFO (Retd) vide letter No. 3157 dated 09/01/2025, Sh. Chhewang Angrup DR, Hansa Block the then I/C Sichiling block vide letter No 3160 dated 09/01/2025, Sh. Palvinder Forest Guard, RRC Tuti Kandi the then I/C Sichiling Beat vide letter No. 3159 dated 09/01/2025 and Sh. Devender Sharma Forest Guard, HNP Kufri the then I/C Poh Beat vide letter No. 3158 dated 09/01/2025. Thereafter Charge Sheets to Sh. Chhewang Angrup DR, Sh.Palvinder Forest Guard and Sh. Davender Kumar Forest Guard, the responsible officer/officials have been framed and the inquiry process has been initiated.
26. The abstract of Wildlife Management Plan has been submitted in Parivesh Portal annexed as Annexure -IV. The Wildlife Management Plan is under preparation and will be submitted shortly for the approval of the Chief Wildlife Warden Himachal Pradesh.
27. The Range Forest Officer, Tabo vide letter No. 75/T dated 16.11.2022 and 79/T dated 13.12.2022 asked the user agency to deposit the penalty amounting to Rs. 1,49,10,000/- for unauthorized construction of road from Poh maidan to Dhankar Helipad. The Deputy Conservator of forests, Wildlife Division, Spiti vide office letter No. 939 dated 11.08.2025 requested User Agency to deposit the penalty amount. M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors. in O.A. No. 173/2022 23
28. Respondent no.2 has submitted that Compensatory Afforestation funds amounting to Rs. 1,35,24,160/- have already been made available to the Executive Engineer, HP Public Works Department Kaza Division by respondent No.2., that the Executive Engineer, Kaza took-up the issue of payment of Compensatory Afforestation (CA) cost of Rs. 1,35,24,160/- with the Forest Department on various occasions including on dated 27.02.2025; that it was informed by the authorities of the Forest Department that the online portal for CAMPA does not permit payment of CA cost before stage-I approval and that the funds cannot be utilised before grant of Stage-I in-principle approval.
29. In these facts and circumstances of the case the respondents have sought some more time for necessary compliance as per orders passed by this Tribunal.
30. However, in view of the fact that respondents have already diverted forest land, cut the trees and constructed the road without approval for the diversion of forest land under the provisions of the Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980, the respondents are directed to provide non-forest 28.7516 ha land for compensatory afforestation and deposit compensatory afforestation amount of Rs. 1,49,10,000/-with the Forest Department within one month and the Forest Department is directed to take up the matter of implementation of remedial measures including afforestation by utilizing the Compensatory Afforestation amount within next two months and file compliance report in this regard at-least one week before the next date of hearing fixed.
31. List on 08.04.2026 for further proceedings/orders. M.A. No. 113/2024 Ram Singh vs. State of H.P. & Ors. in O.A. No. 173/2022 24
32. A copy of this order may be sent by email to the applicant for information and to the respondents for requisite compliance.
Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM Dr. Afroz Ahmad, EM December 11th, 2025 AG