National Green Tribunal
Kiran Kumar Mishra S/O Chandra Sekhar ... vs State Of Odisha Represented By Its Chief ... on 10 January, 2022
(In Chamber)
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
Review Application No. 04/2021/EZ
In
Original Application No. 04/2018/EZ
In the matter of:
Kiran Kumar Mishra,
Aged about 37 uears,
S/o Chanbdra Sekhar Mishra,
R/o Parabedha, P.O. Jeypore,
District-Koraput,
...Applicant(s)
Versus
1. State of Odisha,
Through Chief Secretary,
Secretariat Building, Sachivalaya Marg,
Bhubaneswar, District-Khurda, Odisha,
Pin - 751001,
2. Odisha State Pollution Control Board,
Through Member Secretary,
Paribesh Bhawan, A/118, Nilkantha Nagar,
Unit:VIII, Bhubaneswar, Odisha,
Pin - 751012,
3. The Collector, Koraput,
P.O. Koraput, District-Koraput,
Odisha - 764020,
4. The Tehsildar, Koraput,
District-Koraput, Odisha,
Pin - 764058,
5. The Engineer-in-Chief-cum-Principal Chief Electrical Inspector, Odisha,
P.O. Bhubaneswar, District-Khurda,
Pin - 751001,
6. Govt. of Odisha,
Through Secretary, Forest and Environment Department,
Secretariat Building, Sachivalaya Marg, Bhubaneswar,
District-Khurda, Pin - 751001,
7. The Revenue Divisional Commissioner, Southern Division,
P.O. Berhampur, District-Ganjam,
Pin - 760004,
8. The Sub-Collector, Jeypore,
P.O. Jeypore, District-Koraput,
1
Pin - 764020,
9. The Divisional Forest Officer (D.F.O.), Jeypore Forest Division,
P.O. Jeypore, Districtg-Koraput,
Pin - 764001,
10. The Principal Chief Conservator of Forest, Govt. of Odisha,
Aranya Bhawan, Chandrasekharpur, Bhubaneswar,
Pin - 751001,
11. The Asst. Conservator of Forest, Kundra Forest Range, Kundra,
Koraput,
12. Sharvani Energy Pvt. Ltd,
Through Managing Director Sri N. Prasanth Rao,
12-13-416, Street No.1, Taranaka,
Secunderabad, State of Telengana,
Pin - 500003,
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
ORDER
1. This Review Application has been filed by the Review Applicant, seeking review of the order dated 24.09.2021 passed in Original Application No. 04/2018/EZ by the National Green Tribunal, Eastern Zone Bench, Kolkata.
2. The Original Application was filed by the Applicant (Review Applicant herein), seeking directions to ensure protection of environment/forest under Gulumi Forest area, Kotapad Block of Koraput District, Odisha. The Applicant further prayed for restraining the Respondent No.12 from destroying the forest/environment inside the Gulumi Forest Area, Koraput District, Odisha and also to prohibit the Respondent No.12 from raising massive illegal constructions inside the said forest area, and also to restrain the Respondent No.12 from establishing Hydro Power Project inside the said forest area. The Applicant also prayed for imposition of exemplary penalty to the Respondent No.12 for 2 illegal and deliberate destruction of forest by way of illegal construction, deforestation inside the Gulumi Forest area.
3. The Tribunal in its order dated 24.09.2021 based on the Committee Report as well as the documents on record, observed that the illegality committed by the Respondent No.12 in the past has been rectified and compensatory afforestation amount of Rs. 2,40,384/- (Rupees Two Lakhs Forty Thousand Three Hundred Eighty Four only) has been paid towards penal Net Present Value and Rs. 5,87,600/- (Rupees Five Lakhs Eighty Seven Thousand Six Hundred only) has been paid towards cost of Additional Compensatory Afforestation. The Tribunal also noted that the Respondent No.l2 has not raised the level of the reservoir beyond the High Flood Level (HFL) and, therefore, there is no threat to the surrounding areas of the forest in question in the upstream. Accordingly, the Tribunal vide its order dated 24.09.2021 dismissed the Original Application No. 04/2018/EZ as having become infructuous.
4. In this Review Application, the Review Applicant has stated that the judgment of the Tribunal dated 24.09.2021 needs to be reviewed because the finding is contrary to the record and there are apparent errors in the judgment. The Review Applicant states that the points raised in the objection to the Committee Report have not been dealt with in the judgment. He further states that violations raised in the Original Application have not been addressed by the Committee and the judgment has completely ignored the documents on record confirming the violations of Forest (Conservation) Act, 1980. The Review Applicant also states that the 3 Tribunal has simply relied upon the Committee Report and the penalty imposed by the Ministry of Environment, Forest and Climate Change, is not proportionate to the violations pointed out.
5. In this regard, it is pertinent to mention here that the Tribunal had not only considered the Joint Committee Report dated 24.08.2021 but also the earlier inspection report carried out by the officials of the Ministry of Environment, Forest and Climate Change pursuant to the order of the Hon'ble Odisha High Court and other supporting documents. The Tribunal further having been satisfied that the violations committed by the Respondent No.12 have been fully rectified and necessary penalty has been imposed and recovered from the Respondent No.12 and also on being satisfied by the Report of the Director General of Forests & Special Secretary, Ministry of Environment, Forest and Climate Change, dated 21.10.2021 followed by revocation of suspension order by the Deputy Inspector General of Forests, Ministry of Environment, Forest and Climate Change, Integrated Regional Office, Bhubaneswar, vide his letter dated 22.02.2021 came to the conclusion that nothing further remains to be adjudicated.
6. It was further noted that on the directions of the Hon'ble Odisha High Court, the order of Director General of Forests & Special Secretary, Ministry of Environment, Forest and Climate Change, dated 21.10.2021 which is given in Annexure 12E (at page nos. 141-143 of the paper book) is self-explanatory. The relevant portion of the order dated 21.10.2021 is extracted herein which clearly shows that the violations committed by the Respondent No.12 have been addressed and action as laid down in Forest (Conservation) 4 Act, 1980 guideline para 1.21 (iii) was taken wherein penal Net Present Value (NPV) and the Additional Compensatory Afforestation over non-forest area was ordered to be done. It was also ordered that the Compensatory Afforestation area be transferred and mutated in the name of Forest Department and notified as Reserve Forest (RF)/Protected Forest (PF) under the relevant Forest Act. It was further directed that the suspension of work over diverted forest area shall be revoked by the Ministry of Environment, Forest and Climate Change, Integrated Regional Office, Bhubaneswar, only after complete compliance of above stated direction:-
Decision As per the report of State Government and observations in the Site Inspection Report it is clear that there is violation of conditions of forest clearance granted to the project. It is now clear that the user agency has modified the approved land use and carried out felling of trees over diverted forest land without approval of the competent authority. This act on part of user agency amounts to violation of conditions imposed in the approval granted under the provisions of FCA 1980. In this case the action is required to be taken as per the provisions laid in FCA guideline Para 1.21(iii). The user agency shall pay penal NPV (Net Present Value) for the area equal to twice the forest area over which the approved land use has been varied. In order to compensate ecological loss due to illegal felling of trees the user agency shall carry out Additional CA (Compensatory Afforestation) over non forest area equal the area over which tree felling has taken place. The Additional CA area (to be acquired by the user agency) shall be transferred and mutated in the name of forest department and notified as RF/PF under the relevant Forest Act. It shall be ensured that the selected Additional CA area is in continuity of a notified forest area. The State Government shall ascertain the fulfillment of the penalty and report the matter to the Integrated Regional Office (IRO), Bhubaneswar. Till then the work over the diverted forest land shall remain suspended. The IRO shall place the matter before REC and the REC after examination of the matter, may allow the change in land use or may decide as deemed appropriate. The State Government and the IRO, 5 Bhubaneswar shall complete the whole exercise within three- month from the date of issue of this order.
The suspension of work over diverted forest area shall be revoked by IRO, Bhubaneswar only after complete compliance of above stated condition."
7. It is further pertinent to mention here that only on complete satisfaction of the directions issued by the Director General of Forests & Special Secretary, Ministry of Environment, Forest and Climate Change, in his order dated 21.10.2021, the Deputy Inspector General of Forests, Ministry of Environment, Forest and Climate Change, Integrated Regional Office, Bhubaneswar, revoked the suspension of work over diverted forest area vide his letter dated 22.02.2021.
8. The further contention of the Review Applicant is that the objection of the Applicant has not been considered in the judgment is incorrect as his objection has been taken care of in paragraph 36 of the judgment.
9. The further contention of the Review Applicant is that the Tribunal has ignored the documents on record which confirmed the violations of the Forest (Conservation) Act, 1980, is also factually incorrect as is apparent from the reading of the preceding paragraph wherein it is clear that all documents including the Committee Reports have been taken into consideration prior to passing of the Judgment of the Tribunal dated 24.09.2021.
10. The Review Applicant in his Review Application has also stated that actual diversion of forest land is not 4.772 Ha. but is much more probably around 50 acres, which is not substantiated by any hard evidence. In all the Committee Reports as well as the inspection 6 carried out by the officials of the Ministry of Environment, Forest and Climate Change, the diversion of forest land is only to the tune of 4.772 Ha. and not more than that.
11. Further, all the inspections have been carried out by the Senior Officials of the Ministry of Environment, Forest and Climate Change as well as the District Administration and there is no reason to doubt the reports. Accordingly, based on evidence as produced in the form of Reports to the Tribunal the said judgment has been passed.
12. In this view of the matter, we find no error apparent on the face of record in the judgment dated 24.09.2021. The Review Application 04/2021/EZ lacks of merit and is accordingly dismissed.
13. There shall be no order as to costs.
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B. Amit Sthalekar, JM .................................
Saibal Dasgupta, EM January 10, 2022 Review Application No. 04/2021/EZ In Original Application No. 04/2018/EZ AK 7