Chattisgarh High Court
Forest Right Committee Ghatbarra vs Union Of India on 30 September, 2022
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
1
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Writ Petition (C) No.1346 of 2016
1. Forest Right Committee Ghatbarra, through its President Banas Kumar,
S/o Shri Sundar Sai, aged about 40 years, R/o Village Ghatbarra, Tehsil
Udaypur, District Sarguja (C.G.)
2. Hasdeo Arand Bachao Sangharsh Samiti, through its Convenor
Umeshwar Singh Armo, S/o Shri Siyambar Singh, aged about 35 years,
R/o Village Jampani, Post Madanpur, Tehsil Podi, District Korba (C.G.)
3. Jainandan Singh Porte, S/o Shri Sukul Ram, aged about 40 years, R/o
Village Ghatbarra, Tehsil Udaypur, District Sarguja (C.G.)
---- Petitioners
Versus
1. Union of India, through Secretary, Ministry of Environment and Forest,
Government of India, Paryawaran Bhawan, C.G.O. Complex, Lodhi Road,
New Delhi - 110003
2. Union of India, through Secretary, Ministry of Tribal Affairs, Government of
India, Shastri Bhawan, New Delhi - 110001
3. State of Chhattisgarh, through Secretary, Department of Forest,
Mantralaya, Naya Raipur (C.G.)
4. District Level Forest Rights Committee (DLC) Sarguja, through O/o
Collector (Tribal Welfare), Ambikapur, District Sarguja (C.G.)
5. Rajasthan Rajya Vidyut Utpadan Nigam Ltd., Vidyut Bhawan, Jyoti Nagar
Janpath, Jaipur (Rajasthan)
---- Respondents
SB Hon'ble Shri Justice Sanjay K. Agrawal 8 30/09/2022 Mr. B.P. Sharma, Ms. Shalini Gera and Ms. Sameeksha Gupta, counsel for the petitioners.
2Mr. Tushardhar Diwan, Central Government Counsel for respondents No.1 & 2 / Union of India.
Mr. Chandresh Shrivastava, Additional Advocate General for the State / respondents No.3 & 4.
Dr. N.K. Shukla, Senior Advocate with Mr. Shailendra Shukla, Advocate for respondent No.5.
Heard on I.A.No.5 for grant of interim relief / stay.
This application has been made on behalf of the petitioners seeking relief that felling of trees and any further destruction of forests of Village Ghatbarra, viz., Forest Compartments P-2002, P-2003 and P- 2004 be stayed till the final disposal of the present writ petition, as in the writ petition notices have been issued on 13-6-2016 and return- rejoinder have been filed and hearing of the petition is likely to take time.
Reply has been filed by the State / respondents No.3 & 4 and also by respondent No.5 opposing the said application vehemently.
Mr. B.P. Sharma, learned counsel appearing for the petitioners, would submit that the writ petition has been entertained by this Court and is pending consideration since 11-5-2016 and return / reply has been filed by the respondents and since the respondents are felling trees, blocking off the access to the forests by barricading roads and putting Forest Rights Holders / villagers including the petitioners in confinement which is completely illegal and unjust, and number of trees are being cut, and on 27-9-2022, 5,000 tall & ancient trees have been felled in less than 12 hours and documents evidencing the said fact has been filed as Annexure A-1. He would further submit that 3 felling of trees is continuing which has been reported in the newspapers and which is completely illegal and the Vidhan Sabha of the State of Chhattisgarh has passed a resolution unanimously seeking to end all coal mining in Hasdeo Arand forests of which the impugned forest land is one part. This act of the respondents is absolutely illegal, therefore, till the matter is heard finally or till the next of hearing, felling of trees be stayed.
Mr. Chandresh Shrivastava, learned Additional Advocate General appearing on behalf of the State / respondents No.3 & 4, would submit that the forest rights granted to the villagers of Village Ghatbarra Gram Sabha on 3-9-2013 have already been cancelled vide order dated 8-1-2016 which has been sought to be challenged in this writ petition, but even much prior to grant of forest rights, sanction was already granted for diversion of forest land in accordance with law and the Ministry of Environment, Forest & Climate Change had already granted forest clearance allowing forest diversion of 1898.328 hectares of forest land for PEKB Open Cast Mining Project way back on 15-3-2012 and thereafter, the Central Government on 2-2-2022 accorded approval for commencing phased mining in the balance area of 1136 hectares of forest land in respect of the proposal involving non-forestry use with the conditions prescribed therein. On the basis of the said approval, proper scheme was prepared for phase-wise cutting of trees in the mining area and vide order dated 5- 5-2022, permission for 43.630 hectares of forest land has been allowed subject to the conditions imposed to be complied for cutting of trees. Copies of orders dated 2-2-2022, 25-3-2022 and 5-5-2022 have been filed as Annexures D-1, D-2 & D-3. He would further submit that so far as the issue with respect to Parsa East Kete Basen Coal Block, the matter is sub judice before the Supreme Court and as 4 such, the application for interim relief deserves to be rejected.
Dr. N.K. Shukla, learned Senior Counsel appearing for respondent No.5, would submit that in Appeal No.73/2012 (Sudiep Shrivastava v. State of Chhattisgarh and others), order dated 28-3-2012 passed by the State Government granting approval for diversion of forest land for PEKB Coal Block was challenged before the National Green Tribunal (NGT) and the said appeal was allowed by the NGT quashing the said order and also the earlier order dated 23-6-2011 against which SLP was preferred before the Supreme Court vide Civil Appeal No.4395/2014 (Rajasthan Rajya Vidyut Utpadan Nigam Ltd. v. Sudiep Shrivastava and others) and the order of the NGT was stayed by the Supreme Court by order dated 28-4-2014 and thereafter, interlocutory application has been filed by the respondent therein seeking interim relief pursuant to the order dated 28-4-2014. Two IAs have been filed before the Supreme Court vide Annexure R-5(18) on 13-4-2022 and vide Annexure R-5(20) on 4-5-2022 seeking stay of orders dated 2-2- 2022 and 25-3-2022 issued by the State of Chhattisgarh. In the said IAs, notices have been issued to all the parties therein and now, the matter is fixed before the Supreme Court on 13-10-2022. In that view of the matter, the matter is sub judice before the Supreme Court, therefore, the application for interim relief deserves to be rejected.
I have considered the rival submissions made on behalf of the parties and perused the material available on record.
Order dated 28-3-2012 passed by the State of Chhattisgarh granting approval for diversion of forest land for PEKB Coal Block was set aside by the order of the NGT dated 24-3-2014 and it was directed that all work commenced by respondent No.5 herein shall stand suspended against which respondent No.5 filed Civil Appeal 5 No.4395/2014 and that order was stayed by the Supreme Court on 28-4-2014. Meanwhile, community forest rights under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 to the villagers of Village Ghatbarra was granted and it has been cancelled by the impugned order dated 8-1-2016 which has been called in question in the instant writ petition. Thereafter, on 2-2-2022, Ministry of Environment, Forest & Climate Change granted approval for commencement of Phase-II mining operations in the balance 1136 hectares of forest land in respect of the proposal involving non-forestry use in favour of respondent No.5 and pursuant to the order dated 2-2-2022, the State Government vide Annexure D-2, passed order dated 25-3-2022 for diversion of forest land and thereafter, the Additional Principal Chief Conservator of Forests (Production), Chhattisgarh, by order dated 5- 5-2022, granted permission for 43.630 hectares of forest land subject to the conditions imposed to be complied for cutting of trees. Thereafter, in the SLP before the Supreme Court, two IAs have been preferred which have been filed in the present writ petition by respondent No.5 herein as Annexures R-5(18) - application for urgency in terms of the circular dated 24-6-2021 and also Annexure R-5(20) - application seeking stay of orders dated 2-2-2022, 25-3- 2022 & 6-4-2022, in which the Supreme Court by order dated 10-5- 2022 is pleased to issue notices to the respondents therein and directed to file reply and thereafter, the matter has been fixed on 13- 10-2022.
Pursuant to order dated 2-2-2022 issued by respondents No.1 & 2, the Central Government has accorded approval for commencing Phase-II mining operations in the balance area of 1136 hectares of forest land in respect of the proposal involving non-forestry use in 6 favour of respondent No.5 in Villages Parsa & Kete, Tahsil Udaipur, District Surguja, subject to conditions mentioned therein and thereafter, order dated 25-3-2022 has been passed by the State Government and subsequently, vide order dated 5-5-2022, permission for 43.630 hectares of forest land has also been accorded by the competent authority for cutting of trees subject to the conditions imposed therein. In the SLP pending before the Hon'ble Supreme Court, stay of orders dated 2-2-2022 & 25-3-2022 has been sought by filing IAs which are pending consideration before the Hon'ble Supreme Court and the matter is fixed for consideration on 13-10- 2022 and more particularly orders dated 2-2-2022, 25-3-2022 & 5-5- 2022 have not been questioned in the instant writ petition till this date, I am not inclined to grant interim relief as claimed by the petitioners. Accordingly, I.A.No.5 is rejected.
Certified copy as per rules.
Sd/-
(Sanjay K. Agrawal) Judge Soma