National Green Tribunal
Dr. Krishan Pratap Singh vs Ministry Of Environment Forest And ... on 16 July, 2024
Item No. 01
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 41/2024(CZ)
(O.A.No.09/2024 - PB)
Dr. Krishna Pratap Singh Applicant(s)
Vs.
MoEF&CC & Ors. Respondent(s)
Date of Hearing: 16.07.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s): Dr. Krishan Pratap Singh
(Applicant in Person)
For Respondent(s) : Mr. Rohit Sharma, Adv.
Mr. Shashank Bajpayi, Adv.
ORDER
1. This original application is registered on the basis of the letter petition sent by one of the resident of Agra with the allegation of felling of number of trees and shrubs in Keoladev National Park Bharatpur, Rajasthan without permission.
2. It is stated in the petition that forest of Keoladev National Park Bharatpur has a major role in the environmental protection as it is situated on Agra -
Jaipur National Highway (NH-21) in Taj Trapezium Zone (TTZ) area, specially for air pollution because of the trees and its wetland character. It is alleged that during the construction of Kaccha Path (trail) around the inside boundary wall and other ponds in Keoladev National Park, many species of native trees, in large number, have been cut in a large area of national park.
1OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
3. The matter was taken up by this Tribunal and a committee consisting Collector, Bharatpur, Rajasthan and one representative from Rajasthan State Pollution Control Board was constituted with direction to submit the factual and action taken report. In compliance thereof, the joint committee visited the site and submitted the report as follows:-
1) "Looking into the issues, a meeting and discussion was convened on 25-04-2024 in the office premises of DCF (Wild Life), Keoladev National Park, Bharatpur, with the committee members, representatives of the Forest (wild Life) and the complainant. After deliberations, it was decided then and there by the committee to inspect the area to assess the status of activity of felling of trees. Subsequently, the area under question was visited by the committee along with the complainant and representative of the Department of Forest (wild Life). After the visit of the Keoladev National Park, Bharatpur, on 25-04-2024, the applicant submitted an application on 29-04-2024 via e-mail regarding site visit dt. 25-04-2024 and requested to inspect the Keoladev National Park again to visit the remaining sites that had not been visited during the visit on 25-04-2024. Therefore, date 02-05-2024 has been decided to visit again by the committee. This report is being filed by the aforementioned Joint Committee after conducting the field visit on 25-04-
2024 and 02-05-2024. (List of participants in meetings dt. 25- 04-2024 & 02-05-2024 and applicant letter dt. 29-04-2024).
2) Background
a. Keoladev National Park:
Keoladev National Park is a forest area situated in District Bharatpur, Rajasthan. The Government of India, Ministry of Environment, Forest and Climate Change issued a draft notification for ESZ-Eco Sensitive Zone- Keoladev National Park vide Notification dt. 13-10-2015 and Final Notification declaring Eco Sensitive Zone around Keoladeo National Park issued by 2 OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
MOEF & CC vide Notification dated 19-07-2019. Keoladeo National Park is situated at the confluence of the Gambhir and Banganga rivers in Bharatpur district, Rajasthan (27 07 06 N - 27 12 02 N and 77 29 05 E - 77 33 09 E) spread over an area of 28.73 square kilometers. It is a low lying area in the flood plains of the rivers Banganga and Gambhir which are tributaries of river Yamuna. It is situated about 180 kilometres from Delhi, along the Delhi - Jaipur Highway, 50 kilometres from Agra, and 2 kilometers South East of Bharatpur;
This National Park, locally known as Ghana, is a mosaic of grasslands, woodlands, wood land swamps and wetlands. The National Park has significant international ecological importance and it has been declared as a Ramsar site in 1981 and a World Heritage site in 1985. The National Park is often referred to as Bird's Paradise and acts as a major wintering area for migratory birds from Central Asia including for rare and endangered central population of the Siberian Crane. The Keoladeo National Park has significant conservation values as it supports a vast array of flora and fauna which forms important tropic components in ecological pyramids. The wetland regulates the climate of the surrounding area and recharges the groundwater aquifer of the area. The wetland is a centre for ornithological recreation as it provides habitat for many migratory and native birds. It is a wetland of international and national importance;
Keoladeo National Park is rich in biodiversity consisting of diverse habitats for 375 avian species including 140 species of waterfowl, 372 species of plants, 34 species of mammals, 57 species of fish, 14 species of snakes, 5 species of lizards, 3 species of Geckos, 7 species of turtles, 8 species of amphibians, 71 species of butterflies, more than 16 species of dragonflies and 8 species of spiders. The Keoladeo National Park falls in the Punjab plains biotic province of semi-arid bio- geographical zone, which is a flat dry area of the Indus-
3OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
Yamuna watershed. The vegetation of the National Park is a blend of xerophytes and semi-xerophytes consisting predominantly of desi babool (Acacia nilotica), Capparis decidua, C. sepiaria, kadam (Mitragyna parviflora), kejri (Prosopis cineraria), pilu (Salvadora oleoides), jamun (Syzygium cumini) and Zizyphus sp. The most widespread grasses in the National Park are Paspalum distichum, Paspalidium punctatum, Cynodon dactylon, Desmostachya bipinnata, Dicanthium annulatum and Vetiveria zizanioides. Kadam (Mitragyna parviflora) trees, distributed in scattered pockets, dominate large sized trees and the woodland, while thorny Acacia sp. and Prosopis juliflora shrubs dominate shrub lands. The major plant species found in woodland are Mitragyna parviflora, Syzygium cumini, Acacia nilotica, Salvadora sp., Capparis sp. and Zizyphus sp. Altogether, the National Park supports 372 plant species which includes 96 aquatic plants;
AND WHEREAS, nilgai (Boselaphus tragocamelus), feral cattle (Bos taurus) and chital (Cervus axis) area bundant while sambar (Cervus unicolor) is rare species recorded from this protected area. Small Indian mongoose (Herpestes javanicus), small Indian civet (Viverricula indica), striped hyaena (Hyaena hyaena), Indian hedgehog (Hemiechinus micropus), Indian porcupine (Hystrix indica) and hog deer (Axis porcinus) are very rarely sighted. Two lesser cats the Jungle cat (Felis chaos) and fishing cat (Prionailurus viverrinus) and two civets viz. common palm civet (Paradoxurus hermaphroditus) and small Indian civet (Viverricula indica) are found in the protected area;
Extent and boundaries of the Eco-sensitive Zone: The Eco- sensitive Zone shall be to an extent of 500 meters to 1.5 kilometres around the boundary of Keoladeo National Park, and the area of the Eco-sensitive Zone is 25.61 square kilometres.
Directions for the felling of trees, as per notification for regulated 4 OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
activities:
a) There shall be no felling of trees in the forest, government, revenue, or private lands without the prior permission of the competent authority in the state government.
b) The felling of trees shall be regulated in accordance with the provisions of the concerned Central or State Act and the rules made thereunder.
c) Boundary description of Keoladeo National Park and its Eco-Sensitive Zone:- The boundaries of the Eco-sensitive Zone for Keoladeo National Park will be 1.5 km towards the south, South-East and South-West boundary and 500 metres towards North, North-East, East, West and North-
West boundary around the notified limits.
b. Taj Trapezium Zone (TTZ): • Taj Trapezium Zone (TTZ) is a defined area of 10,400 sq. km
around the Taj Mahal to protect the monuments from air pollution. The Supreme Court of India passed an order on December 30, 1996.
• The Ministry of Environment, Forest and Climate Change (MoEF & CC, formerly MoEF), vide Gazette Notification No. 258, dt. 17.05.1999, number S.O. 350(E), has constituted the Taj Trapezium Zone Pollution (Prevention and Control) Authority and defined the geographical limits of Taj Trapezium Zone in the shape of trapezoid. Area lying in the Agra Division of the State of Uttar Pradesh and in the Bharatpur Division of the State of Rajasthan. The total area of District Bharatpur and Deeg covered under TTZ is 2580 sq. km. 8-Tehsils/Parts of Tehsil of Bharatpur and Deeg district fall under Taj Trapezium Zone (TTZ) Area {i.e., tehsil Bharatpur (complete), Kumher (Partial), Rupbas (complete), Deeg (Partial), Kaman (Partial), Nadbai (Partial), Weir (Partial) and Bayana (Partial)}.
Hon'ble supreme court order regarding felling of trees in the TTZ area: -
5OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
• The Hon'ble Supreme court had passed order in the matter of felling of trees in TTZ (WP (Civil) No. 13381/1984, MC Mehta V/s Union of India & Ors.) on dt. 08-05-2015 and stated that-
"the Chairman, TTZ Authority (Divisional Commissioner, Agra is the ex- official Chairman) will take effective steps to ensure that no falling of trees within the areas falling in TTZ takes place without first obtaining permission of this Hon'ble Court".
• The Hon'ble Supreme court had passed order dt. 29-01- 2021 stated that- "As regards the general exemption from order dated 08.05.2015 for felling and disposal of diseased, dry, fallen and uprooted trees in the TTZ area, we are of the view that if any authority or person wishes to remove and dispose of diseased, dry and fallen or uprooted trees in the TTZ urea, they shall make an application to the Central Empowered Committee giving an exact description and location of the fallen trees that are intended to be removed. The CEC shall thereupon visit the site and inspect the trees and grant or deny permission and report the same to this Court. The report shall be placed before the Court along with the application made by the persons who intend to remove trees. Interlocutory applications are disposed of accordingly." • The Hon'ble Supreme court had passed order dt. 09-11-2022 stated that- "the Chairman, Taj Trapezium Zone (Divisional Commissioner, Agra) will take all necessary measures to ensure that no felling of trees takes place within the area falling in TTZ without first obtaining permission of this Hon'ble Court;"
(copy of the Hon'ble Supreme Court order dt. 08- 05-2015 and 29-01-2021, 09-11-2022 is attached at Annexure-R-5)
3) . Factual Observations-
Alleged area for felling of trees comes/falls under Keoladev National Park, Bharatpur.
6OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors. a. During the visit of the joint committee on 25.04.2024, the concerned area of forest in Keoladev National Park, Bharatpur, where felling of trees allegations were alleged, was visited to ascertain the status of felling of trees. There are the following locations that were visited for involvement in the felling of trees:
i. 1st site/location is Barso Tiraha, Keoladev National Park, Bharatpur.
ii. 2nd location/site is Jatoli Patch, Keoladev National Park, Bharatpur.
iii. 3rd site/location is near Mandir, Keoladev National Park, Bharatpur.
iv. 4th site /location is Aghapur Naswariya, Keoladev National Park, Bharatpur.
b. During the visit of the joint committee on 02.05.2024, the following locations were visited for involvement in the felling of trees:
i. 5th location is Block ―O‖ , Keoladev National Park, Bharatpur.
ii. 6th location is Block ―O‖ , Diggi (kaccha pond) Area in Keoladev National Park, Bharatpur.
iii. 7th location is Aghapur Chowki area (Aghapur Chowki to Ramnagar Chowki, 4-5 km), Keoladev National Park, Bharatpur.
iv. 8th location is Ramanagar Chowki area, Keoladev National Park, Bharatpur.
Facts/observations for the above locations with regard to the felling of trees during the making or construction of Kaccha Path (trail/peripheral path) along & inside the boundary wall of Keoladev National Park, Bharatpur, and other ponds in Keoladev National Park, Bharatpur are as follows:
a) The total area of Keoladev National Park, Bharatpur is 28.73 square kilometres.7
OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
b) Approx. 26 km of kaccha path around the inside boundary wall of the Keoladev National Park, Bharatpur, has been made, and about 24.6 km old kaccha path is also available along with this new kaccha path/peripheral path.
c) The applicant has alleged that the forest department fell about 500 nos. of trees/shrubs/bushes during construction/making of this kaccha path. He alleged that many plant species have been fallen by the forest department, the main species were mishwak, peelu, hins, kareel, kadam, desi babool, neem, verna, ber etc.,
d) The applicant has alleged that the forest department has fallen the trees and shrubs/bushes to clear the passage for construction/making of this kaccha path.
e) Approx. 26 km of kaccha path along and inside the boundary wall of Keoladev National Park, Bharatpur, have been made.
During the visit, the Forest Department (wild life) informed that the kaccha path along & around the boundary wall (i.e., peripheral kaccha road) of Keoladev National Park, Bharatpur, is made for patrolling and protection purposes of wild life.
f) During the visit, dried & dead trees, shrubs/ bushes and their parts were found at many points along the peripheral kaccha road. (GPS photos of the site are enclosed with the report).
g) During the visit, it is important to mention here that along with the peripheral kaccha path, living mature plants, small plants, shrubs, bushes were found; therefore, the possibility of the removal of existing flora cannot be denied during making/construction of the peripheral kaccha path along & inside the boundary wall of Keoladev National Park. However, it cannot be ascertained whether trees were actually cut or not in the quantity mentioned by the applicant. However, this also signifies that efforts were taken by the forest department in preserving the existing flora of the park when the road was constructed.(GPS photos of the site are enclosed with the report).
8OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
h) At the 7th location (Aghapur Chowki area--Aghapur chowki to Ramnagar chowki, 4-5 km), Keoladev National Park, Bharatpur: dried, dead and decaying trees, shrubs, bushes and their parts were found along the peripheral Kaccha road. (GPS photos of the site are enclosed with the report).
i) At the 6th location, Block ― O ‖ Diggi (kaccha pond) Area in Keoladev National Park, Bharatpur: 2 nos. of kaccha ponds of size approx. 80 m x 60m x 3 meter were observed, and both were found in dried condition. In this context, Forest Department Wild Life intimated that both kaccha ponds are made for research purposes for aquatic flora and fauna and storing of water for flora and fauna so that a better habitat could be developed; however, the applicant stated that the existing habitation of this land was removed while making these kaccha ponds.
j) Looking to the site condition, the possibility of removing the existing bushes cannot be denied during making/construction of these kaccha ponds. However, it cannot be ascertained whether trees were removed or not as the existing habitat is already an open / scrub forest area. (GPS photos of the site are enclosed with the report).
k) In the context of the alleged felling of trees, the Forest Department Wild Life intimated that all work that had been done or being done by the Forest Department inside the Keoladev National Park, Bharatpur, is as per the Management Plan for Keoladeo National Park, Bharatpur, for the duration 2017-2027 which has already been approved by the competent authority under the Wildlife protection Act, 1972. Forest Department Wild Life intimated that the dead & dried trees, shrubs, bushes found at many locations of the peripheral Kaccha Path in the national park are uprooted trees, bushes, shrubs due to the storms and other natural dead and decaying processes of the past years.
l) In this context, the applicant has alleged that Keoladev National Park Bharatpur is required to obtain permission from the Hon'ble Supreme Court for the felling of trees as 9 OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
the concerned area falls under TTZ. The Hon'ble Supreme Court has the authority to give permission for the felling of trees via the CEC (Central Empowered Committee) in the TTZ area for any project.
4) Details of felling of trees activity and action taken-
As per the direction of the Joint Committee, letters have been written by RSPCB Bharatpur to the Forest (Wild Life) Department, Bharatpur, and SDM, Bharatpur, on 25.04.2024 for providing data, action taken reports, and any other related information about the feeling of trees in Keoladev National Park Bharatpur. (The letter is attached at Annexure R-6) It was informed by DCF Wild Life, Forest Department Bharatpur, that- Keoladev National Park, Bharatpur, has its own management plan, which is valid up to 2027 and said plan was formed under the Wild Life Protection Act, 1972.The management plan for Keoladeo National Park, Bharatpur, is approved by the competent authority. On pages 149 and 188 of the management plan, the provision of an approved wild life protection canal, peripheral tourism path, protection road, etc. is permitted. The main purpose of the peripheral path is for patrolling for wild life protection. There is also a provision for the formation of new ponds for drinking water for wild life, due to which an adequate quantity of water may be available in the summer season for wild life.
The Chief Wild Life Warden is authorized for approval for works in national parks under sections 33 and 35- 3A of the Wild Life Protection Act, 1972.
All work is done as per the ecology of Keoladeo National Park as per the provisions of the management plan, which has already been approved by competent authority. (copy of reply dt. 29-04-2024 by forest dept. is enclosed at Annexure-R-7 ).
10OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
5) Conclusion and Recommendations-
Looking to the site conditions during the visit of the joint committee, examining the documents, images, and information provided by the applicant, felling trees (removal of existing flora) for construction/making of said peripheral kaccha path around inside the Keoladev National Park Bharatpur and kaccha ponds cannot be ascertained to the extent claimed by the applicant. It is not possible to assess the number of trees fell/removed against the allegations of the applicant). Therefore, looking at the seriousness of the issue, the joint committee has suggested the following:
1. The applicant has demanded that Management plan should be approved by the CEC and TTZ. The committee requests the Hon'ble Court to decide whether the forest department needs to have permission from TTZ and CEC when they already have a sanctioned Management Plan under Wildlife Protection Act, 1972 approved by the competent authority.
2. The Forest Department shall assess the details of trees/flora that were removed/fell/uprooted (if any) to make the peripheral kaccha path and kaccha ponds inside the Keoladev National Park Bharatpur.
3. The Forest Department, Wild Life, Bharatpur, shall submit their time bound action plan for restoring the flora within Keoladev National Park, Bharatpur, at suitable locations against the compensatory plantation or seed sowing (whatever applicable in the National Park) as per Hon'ble Supreme Court orders.
4. The above work shall be done under the strict vigilance of TTZ and GOR."
4. Notices were also issued to the State Pollution Control Board, Rajasthan and in reply thereof, it has been submitted that there are no violations of environmental rules.
5. The applicant has filed an application with supplementary document with attached photographs and submitted that a zonal distribution of KNP 11 OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
points indicates Mallah Forest Choki and point B indicates Aghapur Forest Choki. From point A to B is around 7 Km. long and at the boundary side from point A to point B there are four habitat zones and as a woodland area. The woodland is a forest with open canopy and woodland is land covered with woody plants, tree and shrubs.
6. The contention of the applicant is that imaginary date of these pictures depicts the forest cover in year, 2022 before construction of the kachha Path in the year 2023 and there is felling of the trees. In the reply and response, the Department of Forest and Chief Wildlife Warden has submitted that this is under Master Plan in accordance with the rules to create a pathway for movement of the patrolling party and to reach there in case of any need to help the wildlife.
7. The notification dated 13.10.2015 issued by the Ministry of Environment, Forest and Climate Change in Section 2 provides the Zonal Master Plan for the eco-sensitive zone, which shall be prepared in consultation with all concerned State Departments of Environment, Forest, Urban Development, Tourism, Municipal, Revenue, Agriculture, State PCB, Regulation and Public Works Department and the said plan shall not impose any restriction on the approved existing land use, infrastructure and activities unless so specified in this notification and the zonal master plan shall factor in improvement of all infrastructure and activities to be more efficient and eco-friendly.
8. List of activities prohibited or to be regulated within Eco-Sensitive Zone -
All activities in the Eco-Sensitive Zone shall be governed by the provisions of the Environment Act and the rules made there under including the Coastal Regulation Zone, 2011 and the Environmental Impact Assessment Notification, 2006 and other applicable laws 12 OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors. including the Forest (Conservation) Act, 1980 (69 of 1980), the Indian Forest Act, 1927 (16 of 1927), the Wildlife (Protection) Act 1972, (53 of 1972), and amendments made thereto and be regulated in the manner specified in the Table below, namely:-
TABLE S. Activity Description No. (1) (2) (3) A. Prohibited Activities
1. Commercial (a)All new and existing mining (minor mining, stone and major minerals), stone quarrying quarrying and and crushing units are prohibited crushing units. with immediate effect except for meeting the domestic needs of bona fide local residents including digging of earth for construction or repair of houses and for manufacture of country tiles or bricks for housing and for other activities;
(b) The mining operations shall be carried out in accordance with the order of the Hon'ble Supreme Court dated the 4th August, 2006 in the matter of T.N. Godavarman Thirumulpad Vs. UOI in W.P.(C) No.202 of 1995 and dated the 21st April, 2014 in the matter of Goa Foundation Vs. UOI in W.P.(C) No.435 of 2012.
2. Setting of New industries and expansion of industries causing existing polluting industries in the pollution (Water, Eco-Sensitive Zone shall not be Air, Soil, Noise, permitted:
etc.). Provided that non-polluting
industries shall be allowed within
Eco-Sensitive Zone as per
classification of Industries in the
guidelines issued by the Central
Pollution Control Board in February,
2016, unless otherwise specified in
this notification and in addition the
non- polluting cottage industries
shall be promoted.
3. Establishment of Prohibited (except as otherwise
major hydro- provided) as per the applicable laws.
electric project.
13
OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
4. Use or production Prohibited (except as otherwise
or processing of provided) as per the applicable laws.
any hazardous
substances.
5. Discharge of Prohibited (except as otherwise
untreated provided) as per the applicable laws.
effluents in
natural water
bodies or land
area.
6. Setting up of new New or expansion of existing saw mills
saw mills. shall not be permitted within the Eco-
Sensitive Zone.
7. Setting up of brick Prohibited (except as otherwise
kilns. provided) as per the applicable laws.
8. Commercial use of Prohibited (except as otherwise
firewood. provided) as per the applicable laws.
9. New wood based Prohibited (except as otherwise
industry. provided) as per the applicable laws.
10. Fishing. Prohibited (except as otherwise
provided) as per the applicable laws.
11. Use of plastic Prohibited (except as otherwise
carry bags. provided) as per the applicable laws.
B. Regulated Activities
12. Commercial No new commercial hotels and
establishment of resorts shall be permitted within one
hotels and resorts. kilometer of the boundary of the
protected area or upto the extent of
Eco-Sensitive Zone, whichever is
nearer, except for small temporary
structures for eco- tourism activities:
Provided that, beyond one kilometer from the boundary of the protected area or upto the extent of Eco-
Sensitive Zone whichever is nearer, all new tourist activities or expansion of existing activities shall be in conformity with the Tourism Master Plan and guidelines as applicable.14
OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
13. Construction (a) New commercial construction of any activities. kind shall not be permitted within one kilometer from the boundary of the protected area or up to extent of the Eco-Sensitive Zone, whichever is nearer:
Provided that, local people shall be permitted to undertake construction in their land for their use including the activities mentioned in sub-
paragraph (1) of paragraph 3 as per
building bye-laws to meet the
residential needs of the local
residents.
Provided further that the
construction activity related to small scale industries not causing pollution shall be regulated and kept at the minimum, with the prior permission from the competent authority as per applicable rules and regulations, if any.
(b) Beyond one kilometer it shall be regulated as per the Zonal Master Plan.
14. Felling of trees. (a) There shall be no felling of trees in the forest or Government or revenue or private lands without prior permission of the Competent Authority in the State Government.
(b) The felling of trees shall be regulated in accordance with the provisions of the concerned Central or State Act and the rules made thereunder.
15. Commercial Regulated as per the applicable laws.
extraction of
surface and ground
water.
16. Erection of Regulated under applicable laws
electrical and (underground cabling may be
communication promoted).
towers and laying
of cables and other
infrastructures.
17. Widening and Taking measures of mitigation as per
strengthening of the applicable laws, rules and
existing roads and regulation and available guidelines.
construction of
new roads.
15
OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
18. Movement of Regulated for commercial purpose under
vehicular traffic at applicable laws.
night.
19. Introduction of Regulated as per the applicable laws.
exotic species.
20. Protection of hill Regulated as per the applicable laws.
slopes and river
banks.
21. Discharge of The discharge of treated waste water or
treated waste water effluents shall be avoided to enter
or effluents in into the water bodies and efforts shall
natural water be made for recycle and reuse of
bodies or land treated waste water. Otherwise the
area. discharge of treated waste water or
effluent shall be regulated as per the
applicable laws.
22. Commercial sign Regulated as per the applicable laws.
boards and
hoardings.
23. Small scale Non- polluting industries as per
non-polluting classification of industries issued by
industries. the Central Pollution Control Board
in February, 2016 and non-
hazardous, small-scale and service
industry, agriculture, floriculture, horticulture or agro- based industry producing products from indigenous materials from the Eco-Sensitive Zone shall be permitted by the competent Authority.
24. Collection of Forest Regulated as per the applicable laws.
produce or Non-
Timber Forest
produce.
25. Solid waste Regulated as per the applicable laws.
management.
26. Eco-tourism. Regulated as per the applicable laws.
27. Bio-Medical Waste Regulated as per the applicable laws.
Management.
28. Air and vehicular Regulated as per the applicable laws.
pollution.
29. Drastic Change of Regulated as per the applicable laws.
Agriculture
systems.
16
OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
30. Fencing of existing Regulated as per the applicable laws.
premises of hotels
and lodges.
31. Infrastructure Taking measures of mitigation as per
including civic the applicable laws, rules and
amenities. regulations available guidelines.
32. Establishment of Regulated (except otherwise provided) as
large-scale per the applicable laws except for
commercial meeting local needs.
livestock and
poultry farms by
firms, corporate
and companies.
33. Undertaking other Regulated as per the applicable laws.
activities related to
tourism like flying
over the Eco-
Sensitive Zone area
by hot air balloon,
helicopter, drones,
Microlites, etc.
34. Ongoing Permitted as per the applicable laws for
agriculture and use of locals.
horticulture
practices by local
communities along
with dairies, dairy
farming,
aquaculture and
fisheries.
C. Promoted Activities
35. Rain water Shall be actively promoted.
harvesting.
36. Organic farming. Shall be actively promoted.
37. Adoption of green Shall be actively promoted.
technology for all
activities.
38. Cottage industries Shall be actively promoted.
including village
artisans, etc.
39. Use of renewable Bio-gas, solar light etc. shall be
energy and fuels. actively promoted.
40. Agro-Forestry. Shall be actively promoted.
41. Environmental Shall be actively promoted.
awareness.
42. Skill Development. Shall be actively promoted.
43. Restoration of Shall be actively promoted.
degraded land/
forests/ habitat.
17
OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
44. Plantation of Shall be actively promoted.
Horticulture and
Herbals.
45. Use of eco-friendly Shall be actively promoted.
transport.
9. The matter was agitated and raised before the Hon'ble the Supreme Court of India in Writ Petition (Civil) No. 13381/1984 in I.A. No. 460 & Ors.
titled M.C. Mehta Vs. Union of India & Ors. and Hon'ble the Supreme Court of India has issued certain directions and guidelines for maintaining the trees and plantation in the eco-sensitive zone.
10. There are directions of compensatory planting and its maintenance by the State Government and minimum 10 times plantation at the ratio of the damaged trees. In its reply, the Forest Department has submitted that under the Wildlife (Protection) Act, 1972, management plan has been prepared by the Department which is effective and are enforced to maintain the eco-sensitive zone area and further to provide the protection and fooding and water to the wildlife. The Chief Wildlife Warden under Sections 33 and 35 (3A) of Wildlife (Protection) Act, 1972 has been empowered to proceed in accordance with the management plan.
11. The Deputy Conservator of Forest vide communication dated 30.06.2023 as submitted that for movement of the security guards in the forest area, use of vehicles of the Forest Department, to solve the problem of water to the wildlife, providing the food items by maintaining the ponds are basic things which are being done under the management plan.
12. It is further submitted that the management plan includes the following:-
i. "New peripheral water body/canal Along the peripheral wall and road / embankment proposed to be built as part of protection infrastructure, the soil extraction 18 OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
for the embankment can develop into a storage facility. Also, new water storage areas can be developed to allow Blocks F-1, N-02,O-02 to get water directly as and when needed. This storage body can be in the form of a two part linear structure. This provision will allow the Park management to obtain and store water as and when it is available. This will provide flexibility to water management.
Peripheral canal can be used to provide water flow in woodland and grassland blocks thereby helping in restoring the soil moisture in these areas and also restoring old lost ecosystems.
ii. Maintenance and enhancement of current tourism infrastructure The existing tourism infrastructure which needs maintenance and enhancement is as under:
i. All the roads, paths and trails in the tourism zone require regular maintenance though no further expansion of metaled road network should be undertaken. Interlocking tiles or similar provisions can however, be made where they are essential.
ii. Indigenous tree species viz. Zizyphus sp., Syzygium cumini, Acacia nilotica, Mitragyna parviflora, Ficus sp. should be planted along the avenues and roads of tourism zone.
iii. Benches and utilities including drinking water points, toilets etc. also require regular maintenance.
iv. There are two cafeterias functional in the Park right now one of which needs to be shifted / closed down as suggested elsewhere. Possibilities of establishing mobile cafeteria could be explored at the Main Gate or outside. Staff Welfare Group / Eco-development Committees should be involved in management of cafeteria.19
OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
v. Tourist helpline and facilitation center need to be upgraded in line with vi. Souvenir shop needs to be upgraded with modern design;
product placement and incentive based remuneration for the shopkeepers should be started in partnership with souvenir suppliers."
13. Section 33 of the Act provides the guidelines to ensure the security of wild animals in a sanctuary and the preservation of the sanctuary and wild animals therein. The relevant portions of the provisions are extracted below :-
Section 33 - Control of sanctuaries -
The Chief Wild Life Warden shall be the authority who shall control, [manage and protect all sanctuaries in accordance with such management plans for the sanctuary approved by him as per the guidelines issued by the Central Governmetn and in case the sanctuary also falls under the Scheduled Areas or areas where the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) is applicable, in accordance with the management plan for such sanctuary prepared after due consultation with the Gram Sabha concerned] and for that purpose, within the limits of any sanctuary,-
(a) may construct such roads, bridges, buildings, fences or barrier gates, and carry out such other works as he may consider necessary for the purposes of such sanctuary :
2[Provided that no construction of 3[tourist lodges, including Government lodges, for commercial purposes], hotels, zoos and safari parks shall be undertaken inside a sanctuary except with the prior approval of the National Board.] 20 OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.
(b) shall take such steps as will ensure the security of wild animals in the sanctuary and the preservation of the sanctuary and wild animals therein;
(c) may take such measures, in the interests of wild life, as he may consider necessary for the improvement of any habitat;
(d) may regulate, control or prohibit, in keeping with the interests of wild life, the grazing or movement of 2 [live-stock.]"
14. in view of the above provisions, we direct the Chief Wildlife Warden to enforce the management plan according to rules and the guidelines issued by the Hon'ble Supreme Court of India quoted above. There must be minimum damage of trees and in case it is necessary, the required permission from the competent authority must be obtained and there must be compensatory and compulsory plantation at the ratio of 100 times within the area.
15. With these observations, the Original Application No. 41/2024 stands disposed of.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 16th July, 2024 O.A No. 41/2024(CZ) PN 21 OA No. 41/2024(CZ) Dr. Krishna Pratap Singh Vs. MoEF&CC Ors.