National Green Tribunal
Hemant Kumar Rajoria vs Union Of India on 23 October, 2019
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
NEW DELHI
**********
Original Application No.382/2018
(M.A. No. 873/2018 &I.A. No. 45/2019)
IN THE MATTER OF:
1. Hemant Kumar Rajoria
S/o Sh. Indra Kumar Rajoira
R/o 1667 Baba Harish Chandra Marg
Indra Market, Jaipur - 302001, Rajasthan .... Applicant
Versus
1. Union of India
Through the Secretary
Ministry of Environment & Forest& Climate Change
Indira Prayavaran Bhawan
JorBagh Road, New Delhi - 11003
2. The Principal Secretary,
Department of Forest, State of Rajasthan
Secretariat, Jaipur - 302001, Rajasthan
3. The Principal Chief Conservator of Forest
(Head of Forest)
AranyaBhawan, Jhalana Industrial Area,
Jaipur-302004, Rajasthan
4. The District forest Officer
Department of Forest (Galta), Jaipur Zoo
Museum Road, Ram NiwasBagh
Jaipur - 302004, Rajasthan
5. The Commissioner
Jaipur Development Authority
Ram Kishore VyasBhawan, Indira Circle
1
J.L.N. Marg, Jaipur - 302004, Rajasthan
6. The Executive Engineer (Garden -I)
Jaipur Development Authority
Ram Kishore VyasBhawan, Indira Circle
J.L.N. Marg, Jaipur - 302004, Rajasthan ...Respondents
COUNSEL FOR APPLICANT (S):
Mr. R. S. Mehta, Ms. ShobhaGupta, and Mr.Abhinav Bansal,
Advocates
COUNSEL FOR RESPONDENT (S):
Ms. Padmalakshmi Iyengar, AAG, State of Rajasthan
Mr. Anuj Bhandari, Advocate
Mr. Rakesh Mahajan, AdvocateforMoEF& CC
JUDGEMENT
PRESENT:
Hon'bleMr. Justice Raghuvendra S. Rathore(Judicial Member) Hon'ble Dr.Satyawan Singh Garbyal (Expert Member) Reserved on: 14th October, 2019 Pronounced on: 23rd October, 2019
1. Whether the judgment is allowed to be published on the net?
2. Whether the judgment is allowed to be published in the NGTReporter?
Dr. S.S. GARBYAL, (EXPERT MEMBER)
1. The applicant has alleged in the application that development work has been undertaken by Jaipur Development Authority 2 (JDA) in the valley of Galta, which is part of village Galta and Jamdoli of Bandh Ki Gadi, Amagarh and a notified reserve forest, in the name of "Revival of Galta Valley Jaipur". It has been stated that JDA prepared a project for which the Executive Engineer (Garden-I) had on 16.03.2017 invited online bids in the name of revival of Galta Valley Jaipur. It has also been stated that the nature of work which have been sought to be undertaken, along with the construction, is a non-forestry activity and without prior approval of the Ministry of Environment, Forest and Climate Change, Government of India, which is mandatory under the Forest (Conservation) Act, 1980.
2. The applicant has also enclosed number of photographs showing heavy RCC and iron structure work undertaken, by uprooting and cutting of trees in the area.
3. The Applicant has, therefore, prayed that (I) notice inviting tender and all subsequent proceedings be quashed and set aside; (II) the respondents be directed not to cause any interference in the reserve forest known as Bandh Ki Gadi, Amagarh, which consists of village Galta and Jamdoli; (III) The damage so far caused to the reserve forest requires to be restituted including restitution of the environment and no interference in future be made by respondents in the reserve forest consisting of village Galta and Jamdoli.
34. The item-wise works totalling to 112, mentioned under Schedule „G‟ of the tender documents enclosed with application, are as follows:
"
PART "A" BSR ITEM Based on JDA BSR 2016 SlNo Item Unit Qty Rate Amount 1 Providing and fixing aluminum work KG 117.00 282.60 33064.20 for doors „windows, ventilators and partition with extruded built up standard tubular / appropriate Z sections and other sections of approved make conforming to IS :733 and IS :1285, fixed with rawl plugs and screws or with fixing clips ,or with expansion hold fasteners including necessary filling up of gap. at junctions, at top bottom and sides with required PVC/neoprene felt etc. Aluminium section shall be smooth, rust free, straight,mitered and jointed mechanically wherever required including cleat angle Aluminium snap beading for glazing /paneling . C.P. brass/ stainless steel screws Al. Tower bolt & Al. handle & Al. Aldrop etc.,all complete as per architectural drawings and the directions of Engineer- in -- charge .(Glazing and paneling to be paid for separately). For fixed portion Polyester Powder coating aluminum (minimum thickness of powder coating 50 micron) 2 For shutters builtup standard tubular Kg 59.00 302.40 17841.60 sections of openable doors .windows & ventilators including providing & fixing hinges / rollers etc. and making provision for fixing of fittings wherever required (lockes shall be paid for separately). Polyester Powder coating aluminum ( minimum thickness of powder coating 50 micron) 3 Providing and fixing glazing in Sqm 26.00 613.80 15956.80 aluminium door, window ,ventilator shutters and partitions etc. with PVS / neoprene gasket etc. complete as per the architectural drawings and the directions of engineer-in- charge.(Cost of aluminium snap beading shall be paid in basic item.)With float glass panes of 5.0 mm thickness ( weight not less than 13.50 kg/sqm) 4 4 P & F Indian type white glazed Each 4.00 1585.80 6343.20 vitreous china Ist quality W.C. orissa pan (IS :2556 Mark) with 100 mm vitreous china P or S trap including cutting and making good the wall and floor:
Size 580x440mm
5 P & F 11TC wash basin (1st quality, Each 4. 00 2446.20 9784.80 I.S. : 2556 Mark) of approved make with C.I. brackets duly painted, I No. 15 mm C.P. Pillar cock (IS : 8934 Mark) & 32 mm C.P. brass waste coupling of approved make, 25 mm G.I. waste pipe complete including cutting & making good the wall.: Size 630 mm x 500 mm dia for counter top 6 Supply & fixing Pre-cast RCC Rinngs RMtr 40.00 569.70 22788.00 at the mouth of recharge shaft of M20 mix with 40 mm thickness 7 Providing and fixing 1st quality Sqm 21.00 462.60 9714.60 standard white, grey, ivory, fume red brown, light green. light blue and other light shades glazed tiles confirming to IS : 13753 & IS :15622 of size 200mm x 300mm in walls, floors, steps. pillars etc. laid on a bed of neat cement slurry finished with flush pointing in the white cement mixed with pigment to match the shade of the tile complete (excluding the cost of cement plaster on walls and pillar).
8 Providing and fixing 1st Sqm 67.00 506.70 33948.90 quality MAT finished ceramic tile size 300x300mm confirming to IS :
13755 and IS : 15622 colour such as white, grey. ivory, fume red brown, light green. light blue and other light shades in floors. steps. pillars etc. laid on a bed of neat cement slurry finished with flush pointing in the white cement mixed with pigment to match the shade of the tile complete (including the cost of cement mortar bed 1:41.
9 Extra for using Marble printed / Sqm 67.00 50.67 3394.89 Granite shade or dark shade tiles instead of white, grey, ivory, fume red brown, light green, light blue and other light shades in glazed tiles and MAT finished tiles.
10 Extra for using size above Sqm 21.00 50.67 1064.07 200x300mm in glazed tiles and for using 400mm x 400mm MAT finished tiles in place of 300mm x 300mm size.
11 P & F PVC Storage Tank ISI Marked Each 4.00 2700.00 10800.00 (IS : 12701) indicating the BIS license No), of approved make with cover. 25mm dia IM long G.I. over flow pipe 5 & 25 Cm. long wash out pipe with plug & socket, including making connection etc., complete of approved design: 500 litres capacity. 12 Providing and fixing Chlorinated Mtr 80.00 229.50 18360.00 Polyvinyl Chloride (CPVC) pipes. having thermal stability for hot & cold water supply including all CPVC plain & brass threaded fittings i/c fixing the pipe with clamps at 1.00 m spacing. This includes jointing of pipes & fittings with one step CPVC solvent cement and the cost of cutting chases and making good the same including testing of joints complete as per direction of Engineer in Charge. 25mm (Concealed work including cutting chases and making good the walls etc.,) 25 mm nominal outer dia pipes 13 Providing and Fixing Unplasticized Mtr 100.00 198.00 19800.00 Poly Vinyl Chloride (UPVC) SWR Pipes Type B for sciland waste discharge system (IS: 13592 : 1992 Marked) of approved quality /malce110 mm dia. 14 Providing and Fixing Unplasticized Poly Vinyl Chloride (UPVC) SWR Pipes fittings type B for sciland waste discharge system (IS:13592 : 1992 Marked) of approved Quality /make 14.01 Coupler 110 mm dia Each 28.00 61.20 1713.60 14.02 Bend 87.5 Dg. Each 24.00 88.20 2116.80 14.03 W.C. Connector (Bend) with ring Each 16.00 128.70 2059.20 110mm dia 14.04 Single Tee with Door 110mm dia Each 16.00 137.70 2203.20 14.05 Vent Cowel 110mm dia Each 16.00 33.30 532.80 15 Construction of manhole in all type of Each 16.00 3600.00 57600.00 soil inner size 90 X 60 Cm. 300 mm thick masonry in CM 1:6, 10 Cm. thick cement concrete 1:5:10 in foundation, 20 mm thick inside plaster in CM 1:6, finished with floating neat cement, 50mm thick M- 15 grade C.C. flooring, making channels. 80mm thick stone slab covering with 40mm thick M-15 grade C.C. flooring. Cement cover with frame of 450mm dia, earthwork etc. complete as per design including disposal of surplus earth within 50 mtr. Iead. Depth up to 0.5 M 16 Construction of tube well upto 100m depth and above in all type of rocks by DIE system and over burden to accommodate casing pipe of 150mm size in all types of soils and over- Mtr 240.00 742.50 178200.00 burden including lowering of casing pipes. but excluding cost of casing pipes as 200 mm dia nominal bore 17 Construction of tube well from ground levels and upto 100 meter depth and above to accommodate Mtr 120.00 1089.00 130680.00 housing and assembly pipe of 6 following sizes to all types of alluvium strata by percussion/rotary drilling method and with gravel as per IS:4097-1967 and packingas per 1S:2800 (Part-I & II) 1979 as amended upto dat (the work includes the cost of gravel & its primary packing and packing during development, lowering of housing & strainer assembly pipes, with supply and wrapping of coir rope, wherever necessary, for arresting fine sand particles. The work will not include cost of housing pipe and strainer pipe assembly and development work, but work would be completed after-obtaining sand free water. 200 mm dia nominal bore 18 Development of Tube wellas per ISspecifications using suitablecompressor to give sans free Hr 8.00 445.50 3564.00 water for required yield of the gravel packed Tube Well 19 Supply of ERW M.S. Black casing pipe ISI marked (IS : 4270/1992) of grade Fe 410 of size at site of work. Mtr 116.00 1413.00 163908.00 200 mm dia nominal bore 20 Supply of strainer pipes made of ERW M.S. Black pipe 1St marked of following sizes at the site of work including required size of slotting as Mtr 24.00 1638.00 39312.00 per IS : 8110-1985:200mm nominal bore. 200 mm dia nominal bore.
21 S & F tube well cover of M.S.sheet (6mm thick) with nuts andbolts complete for casing size: Each 2.00 277.20 554.40 200mm dia 22 S & F M.S. Clam, set of 50x6mm flat iron with nuts and bolts etc. for 198.00 holding there riser pipe assemibly. Each 2.00 396.00 23 Providing and layingpvcinsulated submersible cable withcopperconductor of superior quality including making connection etc. 4 sqmm 3core make Mtr 360.00 102.40 36864.00 ICC,nicco/Gloster/tropodour Complete rate group 1 24 Providing & lowering of G.I. Pipes, flange pipe including rubber washer and nuts of 8 mm dia complete in all respect I.S.1239 Marked. Mir 300.00 369.00 110700.00 B Class 50 mm dia 25 SITC of radial / mixed flow submersible motor pump sets ISI marked (1S:8034-1989) of approved make with required accessories including making connection suitable for T.W./ D.C.B./ Open well. The job includes lowering of riser pipe, G.I./ H.D.P.E. pipe with rope. cables, installation of complete fitting and accessories, jointing of electrical cables up to switch board. All labour for testing of submersible Each 3.00 23184.00 69552.00 pumps set and supply of water to water mains, complete in all respect. 150 mm diameter Submersible pump shall have following HP Rating. phase, Head, minimum Discharge respectively.
726 Supply and fixing & testing of feeder type penal board suitable for upto 15 HP electric motor having star delta/ DOL starter ( L&T /BCH), MCB 32 amp.( Havals /L&T), capacitor 3 KVR( L&T/Havals). Single phase priventor(LST/havals),indicating lamp RYB , Amp. Meter ( 0 to 30Amp) , Volt Meter with slector switch ( 0 to 500 V) size 100 mm, kit kat fuse unit 100 amp,backlite sheet for fixing of 3 phase electric meter of JVVNL electric feeder penal Each 6.00 24915.00 149490.00 approved as per design and specification mounted on angle iron fram and fixed plain on plain cementconcrete plateform, size of feeder penal box 900X 450X120Ornm (D-547 dt.
20.12.2011) Star Delta above 5 HP to 15 HP.
27 P/Laying P.V.C. / XLPE insulated & P.V.C. sheathed cable of 1.1 KV grade with Copper conductor of IS:1554 P-I / IS :7098 P - I of Group 1 of approved make in ground as per IS:1255 including excavation of 30cmx75cm size trench, 25 cm thick under layer of sand, IInd class bricks covering, refilling earth, compaction Mtr 1500.00 88.00 132000.00 of earth, making necessary connection, testing etc. as required of size.1.5 Sq.mm. 2 core.
Complete Rate Unarmoured 28 S&F following sizes (dia.) of ISI marked medium duty PVC conduit along with accessories in surface / recessed using saddles, clamps, fastener as required including cutting the wall, covering conduit Rmtr 1500.00 33.60 50400.00 and making good the same as required. 25 mm, Complete Rate Group 1 29 Providing & Fixing of HDPE pipe ISI mark (IS:4984/95) for water supply (suitable for submersible & jet pump) with required fittings for Horizontal installation 29.01 63 mm OD 4 kg/ cm2 Mir 3500.00 66.40 232400.00 29.02 90 mm OD 6 kg/ cm2 Mtr 3200.00 188.00 601600.00 30 WBM Grading 1 Providing, laying, spreading and compacting stone aggregates of specific sizes to water bound macadam specification including spreading in uniform thickness, hand packing, rolling with three wheel 80-100 kN static roller in stages to proper grade and camber, applying and brooming, crushable screening to fill-up the interstices of Cum 240.00 702.00 168480.00 coarse aggregate, watering and compacting to the required density Grading 1 as per MoRD Specification Clause 405.
By Manual Means 31 WBM Grading 2 Providing, laying, spreading and compacting stone aggregates of specific sizes to water bound macadam specification including Cum 240.00 796.50 191160.00 spreading in uniform thickness, hand 8 packing, rolling with smooth wheel roller 80-100 kN in stages to proper grade and camber, applying and brooming. stone screening/binding materials to fill-up the interstices of coarse aggregate. watering and compacting to the required density grading 2 as per MoRD Specification Clause 405. Using Hand Broken Aggregate By Manual Means „ 32 Earth work in excavation by mechanical means (Hydraulic Excavator)/ manual means in foundation trenches or drains (not exceeding 1.5 m in width or 10 sum on plan) including dressing of sides and ramming of bottoms, lift upto 1.5 m, including taking out the excavated soil and depositing and Cum 965.00 111.60 107694.00 refilling of jhiri with watering & ramming and disposal of surplus excavated soil as directed with in a lead of 50 meter.
All kinds of soils 33 Random Rubble stone masonry with hard stone in superstructure above plinth level and upto five level above 30cm. thick walls in :Cement Mortar cum 155.00 2169.90 336334.50 I :6 ( 1-Cement : 6-Sand).
34 Earth work in excavation by mechanical means (Hydraulic excavator )/ manual means over areas (exceeding 30cm in depth. I.5m in width as well as 10 sum on plan) including disposal of excavated Cum 1301.00 109.80 142849.80 earth, lead upto 50m and lift upto 1.5 m . disposed earth to be levelled and neatly dressed: All kinds of soil 35 Add extra for Random Rubble stone masonry with hard stone inSquare Cum 49.00 135.00 6615.00 or Rectangular pillars 36 Brick masonry with F.P.S. bricks of class designation 75 in foundation and plinth with bricksCement mortar Cum 257.00 2604.60 669382.20 1 : 6 (1 cement : 6 coarse sand) 37 Earth work in surface excavationnot exceeding 30cm. in depth butexceeding 1.5 meter in width as well as10 Sqm on plan including disposal of excavated earth up to 50 Mtr. and lift up to 1.5 Sqm 13600.00 22.50 306000.00 Mtr. disposed soil to be levelled and neatly dressed:
All kinds of soil
38 Half brick masonry in foundation & plinth using bricks of designation 75 Cement mortar 1 : 6 (1 cement : 6 Sqm 22.00 307.80 6771.60 coarse sand) 39 Providing and laying in position specified grade of cement concrete for RCC structural elements upto floor five level including curing, compaction, finishing with rendering in cement sand mortar 1:3 (I cement: 3 coarse sand) and making good the joints and cost of Cum 7.00 3232.80 22629.60 plastizers( if required) excluding the cost of centering, shuttering and reinforcement for Beams, suspended floors, roofs, griders having 9 slopes up to 15°,landings, balconies, shelves. chajjas, lintels, bands, plain windows sills, staircases and spiral staircases etc. M20 grade Nominal Mix / Design Mix 40 Providing and laying in position Ready mix concrete manufactured in fully automatic Batching Plant and transported to site in transit mixer for having continous agitated mixer, manufactured as per approved mix design of specified grade of RCC work including pumping of R.M.C. from transit mixer to site of laying . exculding the cost of centering. shuttering and reinforcement with all lead and lift including cost of admixtures in recommended portion as per IS 9103 to accelerate/ retard setting of concrete, improve Cum 94.00 3902.40 366825.60 workability without impairing strength and durability as per direction of Engineer in charge . All works upto floor V floor M20 grade Design Mix by using min 400 Kg of cement per cum of concrete 41 Add extra for providing richer mixes respectively at all floor levels Providing M-25 grade concrete by using min 410 kg of cement per cum Cum 94.00 51.30 4822.20 instead of M-20 grade design mix. 42 Centering & shuttering with plywood or steel sheets including strutting. propping bracing both ways with steel props and removal of formwork for upto floor five level for :Walls (any thickness) including Sqm 468.00 180.90 84661.20 attached pilasters. Buttresses plinth and string course.
43 Providing and laying in position cement concrete including curing, compaction etc. complete in specified grade excluding the cost of centering and shuttering - All work up to plinth level.M20 grade Cum 42.00 3246.30 136344.60 Nominal Mix I: 1.5: 3 (I cement : 1.5 coarse sand : 3 graded stone aggregate 20mm nominal 44 Providing and laying in position cement concrete including curing, compaction etc. complete in specified grade excluding the cost of centering and shuttering - All work up to plinth level. M10 grade Cum 290.00 2398.50 695565.00 Nominal Mix 1: 3: 6 (1 cement : 3 coarse sand : 6 graded stone aggregate 20mm nominal size).
45 Providing and fabricating
reinforcement for R.C.C. work
including straightening. cutting, bending, placing in position and binding (including cost of binding wire) all complete up to floor five Kg 23786.00 62.10 1477110.60 level. Thermo- mechanically Treated bars (Conforming of relevent IS code) 46 Plaster on new surface on wall in cement sand mortar 1:6 including racking of joints etc. complete fine Sqm 477.00 92.70 44217.90 10 finish :20mm thick 47 Random Rubble stone masonry for with hard stone in foundation and plinth in Cement Sand mortar above 30 CM thick wall in:Cement Mortar Cum 137.00 1770.30 242531.10 1:6 ( 1-Cement : 6-Sand).
48 POINTING Pointing on stone masonry in cement sand mortar 1:3 (lcement : 3 sand) : Sqm 578.00 132.30 76469.40 Raised and cut pointing.
49 Painting with synthetic enamel paint of approved brand and manufacture tQ give an even shade :
Sqm 3099.00 39.60 122720.40
Two or more coats on new work
50 Providing and fixing steel gate.
grating , and grills made of angles, tees, square bars, flats,or black pipe with holdfast and fittings complete as per design and drawing including Kg 91018.43 66.60 6061827.11 cutting welding and fabrication with priming coat of red oxide 51 Supplying and fixing of chain link fencing with angle iron posts 50x50x6mm placed at every 3 Mtr. apart 30cm in ground embedded in cement concrete 1:3:6 (30x30x45cm) corner and every tenth post to be strutted with (50 x 50 x 6cm) angle iron provided and Sqm 150.00 392.40 58860.00 fixed and fitted with posts including earth work in excavation etc. complete with chain link size. 50mm x 50mm x 3.15mm 52 Demolishing stone rubble masonry manually/ by mechanical means including stacking of serviceable material and disposal of unserviceable material within 50 Cum 34.00 400.50 13617.00 metres lead as per direction of Engineer-in-charge:
Total Part-A 13512197.87
Non BSR Item
53 Providing laying and jointing in
position of pressure composite dripper of 8 Iph to 10 Lph as per direction of engineer in charge (Netafin,Naan, Harvel. Kisan. as Each 7000.00 5.50 38500.00 equivlent.
54 Providing laying and jointing 16 mm Latral in line valve per direction of engineer in charge (Netafin, Naan. Harvel. Kisan as equivlent. Eacj 160.00 64.50 10320.00 55 Providing and fixing PVC Ball Valve(Hidroten/Kishan/Prince,Auto mat) having flow indicator when lever is removed, security pivot to maintain lever in space. double water tight joints:tired injection stem non maximium penetration into the valve.
55.01 PVC Ball Valve 90 mm Each 8.00 4385.00 35080.00
55.02 PVC Ball Valve 63 mm Each 8.00 2471.00 19768.00
56 Providing & Fixing of
valve box with cover (Drip'n
Drip, RainBird,Automat)) and slip fix loking arrangement on alll valves. The valve boxes shall be heavy duty Nos 10.00 5412.00 54120.00 plastic with poly vinyle choride 11 reinforce and a green top.
330 x3I0 mm having 460mm height Rectangular Valve Box 57 Providing and fixing of pressure relief valve size 2" alongwith bypassarrangement & necessary fitting. The body shall be brass construction andthe operating range should be as follows.
Maximum upstream pressure- Nos 4.00 7521.00 30084.00 20Kg/cm.sq. Maximum relief setting -0.5 Kg/cm.sq. 58 Providing and fixing of a double acting Air release valve 2" made of high strength aluminium/plastic with fiber glass reinforced: The Air release valve shall be capable of both releasing and admitting air Nos 10.00 2554.00 25540.00 from and into the line' The working pressure shall be 10 bars and testing pressure shall be 16 Bars.
59 Supply/installation/testing/commissi oning of 50mm.Dia solenoid valve should be made of ABS plastic having ISI marked complete in all Each 10.00 8674.00 86740.00 fitting .Make Toro/hunter/ceepex as per direction of engineer-in charge. 60 supply /installation/ testing /commissioning of Electrically functioning controller unit for 12 station for autometic irrigation Each 2 00 29641.00 59282.00 system as per direction of engineer- incharge.
61 Providing and fixing of Auto Flush Hot dip galvanised Screen filtei 40m3/Hr confirming to IS 12785:1994 having inlet & outlets connections of 3", 2 pressure gauge ports of 3/4" . 2" outlet for flushing of at bottom of filter & maximum Nos 4.00 38621.00 154484.00 working pressure of 14 bars with 2 Pressure Gauze (glycerine filled). 4"
(0-10 kg/cm2).( Make - Drip'n'Drip, AZUD)
62 Providing and fixingsand/hydrocyclone alongwithscreenfilter(IS:127 8:1994) of 40 m3/hr capacity with auto flush mechanism and complete 82404.00 329616.00 Nos 4.00 fitting and accessories. complete in all respect and as directed by Engineer in charge.
63 Supply, Installation. commissioning and testing of 15 HP Monoblock submersible pump of Kirlosker/KSB make AC 3 phase 380/440 Volt, 50 cycle, each supply with foundation bolt, suction stainless steel mesh Nos 5.00 54500.00 272500.00 filter cover with 10 Mtr. Of 2.5 sq mm submersible cable duly insulated of finolex make.
64 Providing and fixing of self closing spring loaded quick coupling 1 1/2"
hydrant :made of Aluminium alloy doly procted ints main parts by brass stainless steel and techno polymors & having self closing thermoplastichinged lid for Gear Each 210.00 7860.00 1651020 00 driven Rain Gun Sprinkler 12
65 Providing and fixing or 1-1/2"
aluminium alloy hydrant key for Each 15.00 780.00 11700.00 Impacttype Rain Gun Sprinkler
66 Supply and laying of pond liner 500 micron film as per BIS 2508:1984 made out of low density polythelene film (LDPE). The film should be tough, light weight and tear strength with puncture resistant and Sqm excellent weldability and seamability 2540.00 455.00 155700.00 technology. The work should be carried out as per direction of Architect-in-charge.
67 Providing & fixing River pabbals (size 150 mm to 200 mm) for Annicuts, side walls protection of stream. properly laid.embeded/ interlocked MT 150.00 9624.00 1443600.00 & jointed as directed by Engineer incharge.
68 S/F of 1000mm high Cast Iron decorative tapered pillar of weight 55kg having 100mm dia at top & 235mm dia at bottom as per approved design and drawing including painting with blackish Nos 30.00 7566.00 golden colour including fixing hold 226980.00 fast of size 450mm etc complete in all respect as per direction of Engineer in charge.
69 S/F of Cast Iron decorative Chain made out of two type of links of size 40 x 90mm & 20 x 110 mm each link is 10mm thick, as per approved design and drawing including painting with blackish golden colour including fixing over decorative Mtr 60.00 1544.00 92640.00 pillars with hook etc complete in all respect as per direction of Engineer in charge.
70 Providing and fixing hexagonal Shape GAZEBO of size 26ft x 26ft base plate size 300x300mm floral and ornate frieze of size 250 mm as per Drawing No.10 complete in all Each 1.00 1093000.00 1093000.00 respect & as directed by Engineer incharge.
71 Providing and Fixing of 25mm thick woodan planks signage 3x2.25mfixed in ground as required pattern, design & drawing finish with waterproof treatment. as per Each 4.00 20116.00 80464.00 Drawing No.27 complete in all respect & as directed by Engineer incharge. 72 Providing and Fixing of 150mm to 200mmthick woodan signage 1.9x1.5m fixed on 900mm high tree root base as ground required pattern. design & drawing finish with water proof treatment. as per Each 4.00 16078.00 64312.00 Drawing No.27 complete in all respect & as directed by Engineer incharge.
73 Providing and Fixing of Woodan half tree Stem 3 mtr long fixed on 2 Nos. of woodan tree root base height of 600 mm and total seating height 900 mm , 2no. of tree root steps height is 600mm and 300 mm fixed in cc 1:2:4 as ground required pattern, design & drawing finish Each 4.00 82500. 00 330000.00 with water proof treatment . as per 13 Drawing complete in all respect & as directed by Engineer incharge. 74 S/F Stone made of Karauli stone with pedestal of same stone in slanted shape Size of stone 38" x 54"
including carving of strips and inlay of Green marble round shape strips with class first marble flowers and Each 1.00 193165.00 193165.00 writing work stone etc. complete in all respect as per direction of Engineer in Charge.
75 S/F Book made of Karauli stone with pedestal of same stone in slanted shape Size of stone 38" x 54"
including making shape in book with first class marble stone flowers etc. Each 1.00 138649.00 138649.00 complete in all respect as per direction of Engineer in Charge.
76 S/F of Brass letters Jaipur Development Authority logo and tree as per approved design drawing and shape by consultant with laqure polish including fixing over acrylic sheet with making holes and fixing Kg 50.00 1775.00 88750.00 material etc. complete in all respect as per direction of Engineer in Charge 77 Supply and fixing of 15mm transparent ACRYLIC SHEET for covered of butterfly museum including cutting with laser machine in proper size and shape etc complete in all respect as per Sqm 137.00 12455.00 1706335.00 direction of Engineer in charge.
78 SITC of Water Cooler t 165 Ltr.
Capacity Make Voltas Each 1.00 55319.00 55319.00 79 Providing and fixing cross section of termite mount modal. H- 8', w- 5'-6'. and pedestal width is 8'-10', made out of fiber glass.as per approveddrawing and design andas per approved pattern, shape, carving & painting. Work including necessary Each 1.00 191482.00 191482.00 fixing arrangement, with all levels etc complete in all respect & as directed by Engineer incharge. 80 Providing and fixing ofBidasar/chittor/Jalore/ajm er/Nathdwara/jaislmer/alwarNATU RAL ROCK Stone ingates including loading unloading and transportation complete with placing in position carefully with MT 100.00 13805.00 1380500.00 crane. Stone should be in shape as per given in Photo. The weight of stone should be approximately 8 to 12 MT. All work as per direction of Engineer incharge.
81 Providing and fixing hexagonal Shape GAZEBO of size 1811 x 1811 base plate size 300x300mm floral and ornate frieze of size 250 mm as Each 1.00 762437.50 762437.50 per Drawing No.10 complete in all respect & as directed by Engineer incharge 82 Supply and fixing of 5mm Thick White ACRYLIC SHEET letters tbr names of "Sylvan Biodiversity Forest " Jaipur including cutting with laser 14 machine in required size and shape etc complete in all respect as NI direction of Engineer in charge.
82.01 Size of letter 36"x20"x24" Each 20.00 12474.00 249480.00
82.02 Size of letter 24"x24"x24" Each 40.00 7762.00 310480.00
82.03 Size of letter 9"x9"x24" Each 35.00 2911.00 101885.00
83 Providing & fixing
Children play equipment
Trellis/Pargola/Machan/Musium made out of MS hollow square/Round pipes & MS Plate as per Architectural drawing having polyster powder coating finish with Kg 40520.00 98.00 3970960.00 PU Paint as per Drawing including fabrication, Casting and fixing etc complete in all respect & as directed by Engineer incharge 84 Providing & laying chokha red stone flooring using average stone size 1000x400x50 mm with in approved pattern & design laid over 20 mm thick of CM 1:4 with grooved joint as per e in required slope including Sqm 390.00 1880.00 733200.00 raking & finishing of joints etc complete in all respect & as directed by Engineer incharge.
85 Providing & laying Grey Bijoliya stone flooring using average stone size 550x550x25 mm with in approved pattern & design laid over 20 mm thick of CM 1:4 with grooved joint as per e in required slope Sqm 250.00 1634.58 408645.00 including raking & finishing of joints etc complete in all respect & as directed by Engineer incharge. 86 P/F 50 mm dia Bamboo cladding fixed on side of museum rear wall with clamps & hooks & other necessary fixing arrangement . in Bamboo with chemical treatment required pattern . design & drawing Sqm 120.00 5832.63 699915.60 , finishing with Paint etc complete in all respect, at all levels & as directed by Engineer incharge 87 Providing and laying combination stone flooring for pathways having 15 to 25 % white river pebbles of size 25 to 75mm & 75 to 80% special machine cut bricks (Pioneer or equivalent) of size 230x75x112mm in required proportions as per Drawing, laid over bed of cement Sqm 138.00 1457.00 201066.00 mortar 1: 4, in required pattern & design including raking & finishing of joints etc. As direction Engineer in charge.
88 Supplying laying and compacting good clay earth at site in required level and grades , as per drawing including royalty and carriage upto 45 Km from approved quarry Cum 438.00 388.00 169944.00 (Shivdaspura. Bassi) complete as per specification & as directed by Engineer incharge.
89 Supply and fixing of 3mm thick transparanet ACRYLIC CORRUGATED SHEET for covered of butterfly museum including cutting with laser Sqm 12.00 2378.00 machine in proper size and shape etc complete in all respect as per 28536.00 15 direction of Engineer in charge. 90 Brick work in Super Structure for Walls & Corbelling with machine made brick of size 230x115x75 mm. having compressive strength > 400 Kg/cm2 & Water absorption < 8%.
(Pioneer make), Antique shade as per approved sample, in exposed brick work, in ornamental design & pattern as per drawing No. 07, in CM 1:4 including raking horizontal & Cum 10.00 16705.00 167050.00 vertical grooves 10 mm wide 12 mm deep, finishing with white cement mortar 1:3 with pigment of matching shade etc complete in all respect, at all levels & asdirected by Engineer incharge.
91 Painting exterior or interior wall surface with NATURAL MARMORINO a lime plaster finish with selected marble granules in 3 coats including a coat of primer. The process to be polished with Finitura mature Lime putty used to finish mannorino to get marble like effect.The procedure to follow with Final coating of cera protective which makes the surface Sqm 422.00 1941.00 819102.00 water repellent and more resistant to exterior conditions. The final applied thickness is upto 1.5mm. complete in all respect & as directed by Engineer incharge.
92 Supply and fixing of 50mm Babool woodan plankes size of planks 2500 mm x 250 mm for coverd of machan including cutting with machine in proper size and shape etc complete Sqm 89.00 3727.00 331703.00 in all respect as per direction of Engineer in charge.
93 Providing and fixing of stainless steel rope wire of SS-04 Grade for holding butterfly net. The wire rope should be free from dust,and design for breaking force. The wire rope should be fitted one side on pole and other should be fitted with tension anchor Rmtr 38.00 309.00 11742.00 joint. Execuliding the of pole & tension anchor joint.
8 mm dia 94 Providing and laying Brick on edge flooring in pathway using Machini made bricks of size 230 x 112 x 75 mm, having compressive strength > 400 kg/cm? and Water absorption <8% (Pioneer or equivalent make) , laid over 20mm thick bed of Cm 1:4 in require pattern and design and as per drawing finished with white CM Sqm 637.00 1760.00 1121120.00 1:3 mixed with pigment of matching shade etc. complete in all respect as per specification and as directed by Engineer incharge 95 Constuction of jogging track using clay sand mix (design as approved by Rajasthan sports council) including griding of clay and mixing by mechanically means preparation of bed.laying clay mix mechanically (Hydraulic system) and compacting Cum 600.00 1421.00 852600.00 using vibratory roller making surface levelled and even including cost of water hire charges of all T&P 16 complete in all respect as directed by Engineer incharge.
96 Providing and supplying of Garden bench (Victorian) at site both side of garden bench is made of cast iron having back height of 720 mm and seating height of 390 mm (approx.) it may vary at some places and both side of Garden bench is connected with 10 Nos MS tube of rectangular section size 65x25x3mm having length of 1520 mm for seating purpose with extra support 25x5 mm MS flat for extra stability. All sharp and rough edges of bench is to be grinded with grinder and all fill up with m-seal, and fixed at required position and this bench is having the provision of hold & fast system Each 20.00 13135.00 262700.00 weight not less than 95Kg (for grouting) bench is complete with a coat of 1st class red oxide and with three coats of synthetic enamel of 1st class quality paint in green colour finally bench is assembled with nuts and fixing at the site complete as per drawing no.50 with the direction of E-1C.
97 S/F of Cast Iron decorative Dustbin with 1.2mm thick SS casted sheet and linking arrangement of chain, having outer dia 45cm & height 60 cm. of weight 50 to 60kg as per approved sample and drawing No. 050 including painting with blackish Each 20.00 21377.00 427540.00 golden colour including detchable fiber container complete in all respect as per direction of Engineer in charge.
98 Providing and fixing signage board for different locations size 300 x 300 mm made up of M.S. sheet with 25mm square hollow MS pipe support as per approved design fixed in PCC 1:2:4 (1 cmt : 2 coarse sand :
4graded stone aggregate 20mm nominal size) block of size 300x300x300mm including Each 85.00 694.00 58990.00 excavation & refilling the trench as well as disposal of surplus earth upto 50m lead. complete in all respect as per direction of Engineer in charge.
99 Supply and Fixing of signage board having Digital Vinyl Print with gloss lamination & pasted on 3mm ACP sheet and with installation and transportation complete in all Sqm 69.00 8572.00 591468 00 respect as per direction of Engineer in charge.
100 S/F of cast iron Straight backless Bench having M.S. flats with size of 2.0 m long & 30cm wide, for placing in required position, made in 2 pieces. As per approved sample and drawing resting on Cast iron frame, fixing including painting with Each 20.00 24956.25 499125.00 enamal paint of black colour etc complete in all respect as per direction of Engineer in Charge 17 101 Providing & fixing in position 3.5 m high display board 600 x 900 x 5mm size over vest 100 mm dia medium duty MS pole. embedded 300 mm in base block of size 500x 500 x 800 mm PCC 1:3:6 (1 cement : 3 carse sand : graded stone aggregate 20 mm nominal size) as per Architectural drawings No.34 & 34R. The MS box of triangular shape made of 5 mm thick welded at top of pole. The display board of MS plate of 5 mm thick MS plate welded to 25x25x5 mm MS box frame (ground with MS flat) welded to 120x120x5 mm box section for hanging at top as well as welded to MS pole at top and bottom with frame box section. Base joint of pole with PCC &block to Each 2.00 11505.00 23010.00 be covemed with circular CI plate 20 mm of 400 mm size fixed with base block with holding down bolts over which MS plate round shape bowl with MS flat collar including painting the exposed steel work with black powder coating over coat of ready mix primer & lettering radium letter with pasting complete to entire satisfaction of E-I-C. 102 S/F of Circle Bench having M.S. flats with inner dia 3.0m & 40cm wide.
for placing in required position. made in 6 pieces, as per approved sample and drawing resting on Cast iron frame, fixing with nut bolt system including painting with Each 4.00 58368.00 233472.00 enamal paint of black colour etc complete in all respect as per direction of Engineer in Charge 103 Providing and fixing 4.5m high 150 mm dia 4mm thick MS pole for display boards to identify the important features / directions having "Gumati" of 300 mm dia at top and different location display boards of sizes 1130 x 450 & 1000 x 450 in 5 mm MS plate with hollow section of 25x25x5 mm build in box frame the display board welded to MS pipe service of 600 mm length & 170 mm dia internal size with MS collar of MS flat 5 mm on both ends bend to shape as per Architectural drawing . The service pipe slip over MS poles and welded in position as per drawing for marking the position of important directions. The pole base is decorated with MS plate 5 mm Each 2.00 34712.00 69424.00 moulded & welded to pole of 1500 mm high. The MS pole shall be embedded in base block of size 500 x 500 x 800 of PCC. 1:3:6 (I cement : 3 coare sand : 6 graded stone aggregate 20 mm nominal size) laid including excavation of ground to required size & shape to the entire satisfaction of Engineer in charge including finishing with Black powder coated paint over a base coat of ready mix primer.
104 S/F of Cast Iron decorative Square Dustbin with linking arrangement of chain, having 500mm x500mm Each 10.00 27376.00 273760.00 18 &height 900mm. of weight 50 to 60kg as per approved sample and drawing including painting with blackish golden colour including detchable fiber container complete in all respect as per direction of Engineer in charge.
105 Providing & fixing a signage details ECO of size 1.2m x 1.2m having M.S Sheet 5.0mm thick of size 900x900mm with 150mm wide M.S. flat ornamental boarder in frame of M.S box section 50x50x5mm fix to M.Spipe 50x50x5mm size embedded 400 mm deep in ground including finishing withblack powder coating 15.00 7974.00 119610.00 over a base coat of primer complete Each as per Architectural Drawing to the entire satisfaction of Engineer in charge.
106 Supply and fixing of sluted desing cast iron Marker Post base pedstal having base base dia 225 mm and Ht 900mm as per design enclosed the top edge of the pedestal having three nos. of holes drilled and tapped for holding G.1. pipe of size 89 mm and height. The sign post having a C. I. canector clamps on the pipe at the height of 8'ft. The post top mounted with five no. fingers Each 10.00 37468.00 374680.00 having fingers made in MS frame mounted with black colour acrylic sheet of 5mm thick .including painting with blackish golden colour including complete in all respect as per direction of Engineer in ch 107 Providing and fixing Rectgular Shape Trellies of size 3.30m x 4.80m x 3.5m base plate size 300x300mm floral and ornate frieze of size 250 mmas per Drawing No. 25 complete in Each 1.00 529100.00 529100.00 all respect & as directed by Engineer incharge.
108 S/F of Cast Aluminumdecorative VictorianDustbinwithlinkingarrange ment of chain, having 13.5 inch x16.5 inch& height 30 inch. of weight 50 to 60kg as per approved sample and drawing including painting with blackish golden colour Each 7.00 23663.00 165641.00 including detchable fiber container complete in all respect as per direction of Engineer in charge. 109 Providing and fixing GUIDE MAP of size 2100 x 1500mm including ACP 3 mm thick sheet overlaping 5 mm thick acrylic sheet of size 1500 x 1200 mm and ECO vinayal printed sheet sealed on four side with 8 nos studes surrounded with 50x50x5 mm MS box section frame on vertical Each 7.00 31784.00 222488.00 post of 100x 75x 6 mm MS box as per Drawing complete in all respect & As per direction of Engineer incharge.
110 S/F of Cast Iron & MS Signage Board having M.S. flats with size of 2.0m height& 30cm wide, for placing in required position, made in two Each 40.00 27431.00 1097240.00 pieces. as per drawing , including painting with enamal paint of black 19 colour etc complete in all respect as per direction of Engineer in Charge 111 Providing and placing green Nathdwara stone / slate stone 75 - 125 mm thick for lining on sides and bed of stream, ponds and pathways embedded in soil , including filling of 588.00 joints and voids with soil etc., Sqm 5857.00 3443916.00 complete in all respect & as directed by Engineer in charge.
112 Providing laying 16 mm LLDPE Pipe with 2.5 Kg cm/2 complete with fittings as per direction of engineer in charge (Netafin, Naan, Harvel Mtr 16790.00 48.00 805920.00 Kisan as equivalent.
Total Part B 31157600.10
Total ( Part A + Part B) 44669797.97
"
5. The applicant has, therefore,submitted that Government of Rajasthan had notified, on 21.11.1961, 4083.794 hectare of forest land in villages Kilmangarh, Jaisinghpura Khor, Ballupari, Jamdoli, Badanpura and Galta in Tehsil Jaipur, 92 Bandh Ki Gadi, Amagarh Forest Division, Jaipur District as reserved forest under Section 20 of the Jaipur Forest Act 1939.
It is submitted that in village Galta 766.72 hectare and village Jamdoli 894.375 hectare are part of the reserved forest notified on 21.11.1961. As per the notification, the reserved forest had taken effect from 15.01.1962. It has been stated that this forest, which is a part of Aravali Hill Range, is also rich in wild life. The animals found in this areas are sloth bear, striped hyena, leopard, blue bull, porcupine, fox, small Indian civet, Indian Pangolin and a number of reptiles including venomous and non-venomous snakes, monitor lizards, star tortoise, monkeys etc. The birds found in this area are adjutant stork, 20 spoonbill, osprey, white backed vulture and black vultures and many other migratory birds.
6. It has also been stated that a site of ancient Hindu pilgrimage is also situated in that area and access to it is through Galta valley, surrounded by Aravali Hills on both sides.
7. The Respondents no. 5 and 6- Jaipur Development Authority have submitted that this site is at a distance of 10 km from the old city of the Jaipur and has many temples, natural springs and series of sacred kunds in which large number of pilgrims bathe every day. The temple is a major tourist spot as it is considered auspicious to bathe in the waters of Galtaji, especially on Makar Sankranti, when thousands come to bathe in the holy water. The path leading to Galta valley is surrounded by forestsandthousands of tourists visiting it had unrestricted access to the forest area. Over the years, the same was being exploited and trees were being cut down by locals of the area. JDA has further submitted that the infrastructure of the forest officials in Galta valley is also in shambles with broken guard houses, rundown boundary walls making it difficult to keep trespassers out, dried up ponds and severed bridges. The entire area needed to be revived for the protection and preservation of the valley.
8. JDA had entered into a Memorandum of Understanding (MOU) with the Forest Department on 04.07.2016 titled "The Revival 21 of Galta Valley Project", aimed at restoring and preserving the valley. The main purpose of the Project and MOU was conservation of soil, water and reforestation of the area. The following are the important terms of Memorandum of Understanding:
"(4) The plantation activity will be taken up by the Forest Department & Associated Civil work by JDA in accordance with plan. Developed valley will solely be managed by Forest Department.
The budget for creation of the project "Revival of Galta Valley Forests, Jaipur.
(5) Both the parties agree that while developing the areas they will not disturb the eco system of the area.
(6) Provisions of forest Act / Rules would be strictly adhered to."
It is, therefore, made out from the MOU that after completion of the project the valley shall be handed over to the forest department and the provisions of forest act would be strictly complied with.
9. It has been submitted that as per the MOU, the Project assures zero felling of trees. On the contrary, the Project aims to protect and preserve vegetation. Further, it is planned that around 26,000 plants shall be planted in 51 hectare in Galta valley in order to reforest the same and restore the damage done by the locals and public.
2210. In the affidavit filed on behalf of Respondent no. 2- Principal Secretary, Department of Forest, by Principal Chief Conservator of Forest-Respondent no. 3 and District Forest Officer, Department of Forest, (Galta)-Respondent no. 4, it has been submitted that in the said reserve forest land, there was a conservation path but the same was completely destroyed due to floods in the year 1992. Thereafter, in order to restore the said conservation path and for the revival of the Galta valley, Memorandum of Understanding was entered into on 04.07.2016 between Jaipur Development Authority and Forest Department, Government of Rajasthan.
11. It is submitted that Section 26 of the Rajasthan Forest Act, 1953 lays down the acts which are prohibited in forests. The Act of 1953 prohibits:
(a) Fresh Clearing prohibited by Sec.5;
(b) Setting fire to a reserved forest;
(c) Keeping candles or carrying any fire except at such seasons, as the Forest Officer may notify in this behalf;
(d) Trespassing, or pasturing cattle, or permitting cattle to trespass;
(e) Any damage caused by negligence in felling any tree or cutting or dragging any timber;23
(f) Felling girdles, lops, taps or burning any tree or part thereof, or stripping off the bark or leaves from or otherwise damaging, the same;
(g) Quarrying stone, burningof charcoal, or collects, subjects to any manufacturing process, or removalof any forest produce;
(h) Clearing or breaking up any land for cultivation or any other purpose; or
(i) Hunting, shooting, fishing, poisoning water or setting traps or snares.
12. However, the said Act of 1953 does not prohibit:
(a) Any act done by pemission in writing of the Forest Officer, or under any rule made by the State Government; or
(b) The exercise of any right continued or created by grant or contract in writing made by or on behalf of the State Government under Sec. 23.
It is submitted that the activities being carried out by the answering respondents do not fall within the activities prohibited by the Act of 1953.
13. It is also submitted that Section 2 of the Forest (Conservation) Act, 1980 restricts de-reservation of forests or use of forest land for non-forest purpose. As per Section 2 "non-forest purpose" means the breaking up or clearing of any forest land 24 or portion thereof for cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants or any purpose other than reforestation. It may be noted that non-forest purpose, however, does not include any work relating or ancillary to conservation, development and management of forests and wildlife, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.
14. Section 2 of the Forest (Conservation) Act 1980 restricts the de-reservation of forests or use of forest land for non-forest Purpose. The provision of the Section reads as under:
"(i) that any reserved forest (within the meaning of the expression "reserved forest" in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved;
(ii) that any forest land or any portion thereof may be used for any non-forest purpose;
(iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organisation not owned, managed or controlled by Government;
(iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation"
Explanation - For the purpose of this section, "non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for -
(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants;
(b) any purpose other than reafforestation;
25but does not include any work relating or ancillary to conservation, development and management of forests and wildlife, namely, the establishment of check- posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes."
15. In the affidavit filed on behalf of Respondent no. 1-MoEF & CC, it is submitted that Regional Office (Central Region) MoEF & CC, Lucknow had written to the State Government of Rajasthan to submit the factual position on relevant facts of the Project, vide letter dated 19.07.2018. The MoEF & CC had also written to the State Government on 13.09.2018 to send the status report in this matter and inform the Ministry whether tree felling and non-forestry activity in the forest and outside the forest area had been carried out.Reminders were also sent on 29.10.2018 and 05.11.2018.
16. It has further been submitted by MoEF & CC that as per the report of the State Government the construction of toilets had not been started and construction of Gazebo had started but it is still incomplete and there is a stay from this Tribunalpassed on 31.05.2018, whereby all activities have been stopped. No forest clearance has been taken in case of construction of toilets and Gazebo. State Government has mentioned that since it was decided in the meeting dated 27.06.2016 that Forest (Conservation) Act 1980 clearance should be taken in case of construction of toilets and Gazebo, they should have taken clearance under the Forest (Conservation) Act 1980 prior 26 to construction of toilets and Gazebo. Jaipur Development Authority was again advised to take necessary actions as decided in the meeting dated 27.06.2016. A copy of the report of Government of Rajasthan is annexed as Annexure - IV.
17. The Regional Office (Central Region) MoEF & CC, Lucknow had also written to Government of Rajasthan, vide letter dated 19.11.2018, to intimate under what circumstances violation of the Forest (Conservation) Act 1980 has taken place, indicate the name of the officers responsible for such violation and what action had been initiated against the accused in this matter. It has further been submitted that no proposal in this matter for prior approval of Central Government under Section 2 of the Forest (Conservation) Act 1980 for use of forest land for non-forestry purpose has been forwarded to it by the State Government, till date.
18. It has been submitted by the Learned Additional Advocate General, appearing on behalf of the Government of Rajasthan, that no response to the aforesaid letter of MoEF & CC has been submitted by the State Government till date, even after passage of almost a year. It has been clearly stated by MoEF & CC and submitted in the written submissions filed on 15.04.2019, that State Government should have taken clearance under the Forest (Conservation) Act 1980 prior to construction of toilet and Gazebo.
2719. It is clear from the notification issued on 21.11.1961 that under Section 20 of Jaipur Forest Act 1939 that 766.72 hectare of Galta village and 894.375 hectare of Jamdoli village are notified as a reserve forest, out of which 51 hectares of the reserved forest had beentaken up for revival of Galta valley. It has nowhere been explained as to why, in the name of revival of Galta valley, only 51 hectare of land was considered whereas the entire area is said to be requiring protection and conservation. In the name of revival of Galta valley, 51 hectare of reserve forest has been enclosed with Pucca boundary wall thereby creating an islandwithin 1661 hectare of forest land. By doing so barriers have been created which has restricted the free movement of wild animals which are said to be so rich in the area.
20. The Learned Additional Advocate General appearing on behalf of the State Government has also admitted that there are increasing incidents of man-animal conflicts as leopards and others animalsare straying outside the forestsand into the inhabited areas because of the constructions raised within their habitats which haverestricted their free movement.
21. It has been clearly provided under Section 2 of the Forest (Conservation) Act 1980 that non-forest purpose does not include any work relating or ancillary to conservation, development and management of forests and wild life, namely, 28 the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes. Nowhere, it has been stated by the State Government that the work proposed in 51 hectare of forest land, in the name of revival of Galta Valley, relates to or ancillary to conservation, development and management of forests and wild life. Had it been so,it would have been part of the current working plan for this reserve forest and works would have been undertaken in the entire reserve forests and not confined to only 51 hectare of land. Another important aspect which has not been explainedin this case is as to why work relating to revival of forest is not being undertaken by the Forest Department itself and assigned to another agency, which in this case is JDA. Though the MOU between Forest Department and JDA assures zero felling of trees, the photographs which are annexed with the application clearly show that many trees have been felled and damaged in the area. Moreover, none of activities which is being undertaken by JDA in the Reserve Forests, as given in Schedule „G‟ of the "Revival of Galta Valley, Jaipur", can be said to be ancillary to conservation, development and management of forests and wildlife.
2922. In view of the submissions made above,the documents annexed and records made available, we are of the considered opinion that there has been violation of Section 2 of the Forest (Conservation) Act 1980. We, therefore, direct as follows:
a) All the constructions raised in the name of revival of Galta valley be demolished at the cost of Jaipur Development Authority and entire construction and demolition waste shall be removed within a period of one month from today.
b) The Forest Department, Government of Rajasthan shall restore the part of the reserve forests of village Galta and Jamdoli to its pristine condition by undertaking tree plantation and other measures.
c) The entire reserve forest of Galta and Jamdoli villages will be revived and secured by raising fencing/boundary wall around the entire reserve forest.For this purpose a time bound action plan shall be prepared which may be part of the working plan of the Reserve Forest and got approved form MoEF & CC in terms of the guidelines issued by them.30
d) The Ministry of Environment, Forest and Climate Change shall initiate proceedings for violation of the Forest (Conservation) Act 1980 in terms of guideline issued by them from time to time.
Separate reports in respect of compliance of the aforesaid directions shall be filed by JDA and Principal Chief Conservator of Forest, Rajasthan by 15.12.2019. The Registry of the Tribunal shall put up the report in Court after registering the same.
23. With the abovementioned directions, this Original Application No. 382/2018is disposed of. TheMiscellaneous Application No. 873/2018 andInter-locatory ApplicationNo. 45/2019do not survive for consideration as the main application itself is disposed of.
............................................ Raghuvendra S. Rathore, JM .................................................. Dr. Satyawan Singh Garbyal, EM Dated:23.10.2019 Place : New Delhi 31