National Green Tribunal
Manisha Dwivedi W/ Shri Sandeep Dwivedi vs The Chief Secretary on 14 February, 2020
Item No. 01 (Through VC)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 02/2019 (CZ)
(I.A. NO. 02/2019)
Manisha Dwivedi Applicant(s)
Versus
State of Madhya Pradesh & Ors Respondent(s)
Date of hearing: 14.02.2019
CORAM:
HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
For Applicant(s) Mr. Apoorv Pandey, Advocate
For Respondent(s)
ORDER
In this original application, the applicant has prayed for following reliefs:
"a. Direct the Respondent No. 5 to register FIR under appropriate sections of IPC against Respondent no. 8 & 9.
b. Direct the Respondent No. 7 (Commissioner Municipal Corporation) to take action against Respondent no. 8 & 9 under S.3 of Madhya Pradesh Vrikshon ka Parirakshan (Nagariya Kshetra) Adhiniyam, 2001.
c. Direct the Respondent No. 8 and 9 not to enter upon the property of the applicant.
d. Direct appropriate authority to impose penalty for cutting down 15 lush green trees situated on the property of the applicant.
e. Any other suitable direction / order as this Hon'ble Tribunal may deem appropriate."
It is the case of the applicant that the trees standing in his property are being cut by the Respondent Nos. 8 and 1
9. Being aggrieved of the same, he has made the aforementioned prayers.
In so far as the prayer made by the applicant to direct the Thana Incharge - Respondent No. 5 to register FIR under the appropriate section of IPC against Respondent No. 8 and 9 is concerned, it would suffice to say that in case report is not being registered at a police station the remedy lie either to approach the higher Authority on the Administrative side or the concerning Judicial Magistrate who may entertain a complaint under Section 190 Code of Criminal Procedure (CrPC) or forward an application to the concerning Police Station under Section 156 (3 ) Code of Criminal Procedure (CrPC) Further, it has been prayed that directions be issued to Respondent no. 7 - the Commissioner Municipal Corporation to take action against Respondent Nos. 8 and 9 under Section 3 of the Madhya Pradesh Vrikshon ka Parirakshan (Nagariya Kshetra) Adhiniyam, 2001. In this regard, we may mention that the said Act of 2001 is not one of those given under schedule 1 of the National Green Tribunal Act, 2010. The jurisdiction of the Tribunal have been very specifically given under the Act only to the extent of the seven enactments which has been given in the schedule, appended to the Act. Therefore, it does not fall within the jurisdiction of the Tribunal to issue any 2 direction under the aforesaid Act of the State of Madhya Pradesh.
The applicant has further prayed that the Respondent Nos. 8 and 9 should not enter upon the property of the applicant. This is purely a simple case of criminal trespass by a person on the property belonging to another. For redressal of such grievance the applicant has option, either to approach the Judicial Magistrate for lodging of a complaint under said offence or approach the Civil Court seeking injunction against the Respondents from entering the property of the applicant.
For the aforesaid reasons, this Tribunal does not have the jurisdiction to impose any penalty for cutting of trees which are in the property of the applicant. The trees which are alleged to have been cut down, are not on the forest land and as such it does not come in our jurisdiction.
In fact, the grievance raised by the applicant and redress sought by him from the Tribunal is wholly misconceived. He needs to approach the proper forum for ventilating his grievance and seek appropriate orders.
Consequently the I.A No. 02/2019 stands dismissed with no order as to cost.
Raghuvendra S. Rathore, JM Dr. Satyawan Singh Garbyal, EM February 14, 2019 ag 3