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[Cites 17, Cited by 0]

National Green Tribunal

Nirmal Kumar Singha vs State Of West Bengal on 24 January, 2025

      Item No.10                                                             Court No.1


                 BEFORE THE NATIONAL GREEN TRIBUNAL
                    EASTERN ZONE BENCH, KOLKATA
                    (THROUGH PHYSICAL HEARING WITH HYBRID MODE)


                           Original Application No.91/2023/EZ

      Nirmal Kumar Singha                                                     Applicant(s)
                                           Versus
      The State of West Bengal & Ors.                                        Respondent(s)

      Date of hearing: 24.01.2025
      CORAM:        HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
                    HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

      For Applicant(s)     : Mr. Saheb Banerjee, Adv. (in Virtual Mode)

      For Respondent(s) : Mr. Sibojyoti Chakrabarti, Adv. for R-1 to 9 & 11

                                       ORDER

1. Mr. Saheb Banerjee, learned Counsel is present (in Virtual Mode) on behalf of the Applicant.

2. Case called out. No one is present on behalf of the Respondent No.10 although the name of Mr. Sasthi Charan Dhara is printed in the cause list. Mr. Sasthi Charan Dhara was last present on 07.12.2023 and thereafter, he has not appeared on any of the successive dates and counter affidavit has also not been filed on behalf of the Respondent No.10.

3. Heard learned Counsel for the parties.

(Final order of the said case will be uploaded in website in separate sheets of paper).

..................................... B. Amit Sthalekar, JM .............................................

                                                       Dr. Arun Kumar Verma, EM
January 24, 2025,
Original Application No.91/2023/EZ
SKB




                                           1
 Item No.10                                                    Court No.1


          BEFORE THE NATIONAL GREEN TRIBUNAL
             EASTERN ZONE BENCH, KOLKATA

(THROUGH PHYSICAL HEARING WITH HYBRID MODE) Original Application No.91/2023/EZ In the matter of:

Nirmal Kumar Singha Son of Arddhendu Singha, Residing at Village and Post Office - Kapista, Police Station - Gangajalghati, Distgrict - Bankura, Pin - 722133 .... Applicant(s) Versus
1. The State of West Bengal Service through the Principal Secretary, Department of Environment, 5th Floor, Pranisampad Bhawan, Block-LB-II, Salt Lake, Sector-III, Bidhannagar, Kolkata - 700106
2. The District Magistrate, Bankura Office at Administrative Building, Bankura Collectorate, Bankura, Post Office and Police Station - Bankura, District - Bankura, Pin - 722101
3. The Superintendent of Police, Bankura Lalbazar Bus Stop, Bankura, Post Office and Police Station - Bankura, District - Bankura, Pin - 722101
4. Special Land Acquisition Officer, Bankura Office at near Administrative Building, Bankura Collectorate, Bankura, Post Office and Police Station - Bankura, District - Bankura, Pin - 722101
5. District Forest Officer (South), Bankura Link Road, Machantala, Patpur, Tamlibandh Jail Road, Post Office and Police Station - Bankura, District - Bankura, Pin - 722101
6. Sub-Divisional Officer, Bankura Office at Administrative Building, Bankura Collectorate, Bankura, Post Office and Police Station - Bankura, 2 District - Bankura, Pin -722101
7. Forest REange Officer, Gangajalghati Range, Village and Post Office - Gangajalghati, P.S. - Gangajalghati, District - Bankura, Pin - 722133
8. Inspector-in-Charge Gangajalghati Police Station, Village and Post Office - Gangajalghati, P.S. - Gangajalghati, District - Bankura, Pin - 722133
9. Forest Beat Officer, Gangajalghati Gangajalghati Police Station, Village and Post Office - Gangajalghati, P.S. - Gangajalghati, District - Bankura, Pin - 722133
10. Santi Sutradhar Residing at Village and Post Office - Kapista, Police Station - Gangajalghati, District - Bankura, Pin - 722133
11. Divisional Forest Officer, Bankura (North) Division Bankura Link Road, Machantala, Bankura, West Bengal, Pin - 723101 .... Respondent(s) Date of hearing: 24.01.2025 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Mr. Saheb Banerjee, Adv. (in Virtual Mode) For Respondent(s) : Mr. Sibojyoti Chakrabarti, Adv. for R-1 to 9 & 11 ORDER
1. The Applicant in the present Original Application is aggrieved by the illegal cutting of about 938 trees in the district Bankura. His case is that he had planted 1100 trees on plot No.815, Mouza -

Kapila, JL. No.105, Police Station - Gangajalghati, District - 3 Bankura and out of these 1100 trees, 938 trees have survived and are growing due to the care taken by the Applicant.

2. The relief claimed in the present Original Application reads as under:-

i) The application/petition be allowed as above with all reliefs.
ii) That the said act is enacted by the legislature for special purpose of curbing illegal axing of trees within rural areas, therefore the acts of the respondents itself without the very purpose of the act and therefore direction be given to respondents shall be followed scrupulously and that the existing tree authority shall be abolished, turned down and all its operations shall be restricted till formation of new tree authority as per provisions of Indian Forest Act, 1927;
iii) Permission granted by the Forest Ranger be quashed and set aside and be held as null and void;
iv) The Hon'ble Tribunal may kindly be pleased to call all records and proceeding of tree and details with quantitative date for last five years.
v) The respondents be perpetually restrained from taking decision to cut old and new trees in Bankura District and further perpetually restrained from causing harm to birds nest and trees on the said District.
vi) It is humbly prayed to this Hon'ble Tribunal to appoint court commissioner to verify the factual 4 position of the spot and to file his report before this Hon'ble Tribunal.
vii) It is humbly prayed to this Hon'ble Tribunal that, if respondents or any citizen wants to cut any trees within the jurisdiction of respondents, they must inform to this Hon'ble Tribunal by filing affidavit for necessary permission.
viii) That the application of the applicant may kindly be decreed with costs.
ix) That any necessary amendment in application kindly may allow.
x) Any just, equitable order in the interest of environment and justice may be passed.

3. It is further stated that the National Highway Authority of India (NHAI) decided to build a bridge over River Shali and issued notice for acceptance of compensation to the Applicant. The applicant is stated to have filed his objections in writing before the Special Land Acquisition Officer, Bankura during hearing on 12.08.2022, but it is stated that the Special Land Acquisition Officer, Bankura declined to accept the same.

4. It is further alleged that the Forest Beat Officer, Gangajalghati Range, inspected the land in question and has given his sanction for cutting of the 938 trees.

5. It is also alleged that one Santi Sutradhar, Respondent No.10 herein, who is a wood merchant, has manufactured false and unfilled documents on which sanction has been granted by the Forest Ranger ignoring the provisions of the Indian Forest Act. 5

6. It is also stated that the Government has issued notice for acquisition of the land and valuation of the trees has also been determined by the Special Land Acquisition Officer.

7. The Applicant is also stated to have filed a complaint before the Gangajalghati Police Station on 19.06.2023, Annexure-C to the Original Application, on which direction has been given to the Assistant Sub Inspector to investigate the matter.

8. The Inspector-In-Charge, Gangajalghati Police Station, Bankura has filed affidavit dated 18.10.2023 bringing on record a copy of an Inspection Report which reads as under:-

"BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA Ref:- O.A. No 91/2023/EZ in the matter of Nirmal Kr. Singha v/s State of West Bengal and Others Inspection Report Respected Sir, With due regards, humbly I beg to submit you that on 19/06/2023 one Nirmal Kumar Singha S/O Ardhendu Singha of Vill- Kapista, PS- G.Ghati, Dist- Bankura, lodged a complaint alleging that the complainant's brother namely 1. Tarun Kumar Singha S/O- Ardhendu Shekhar Singha 2. Anil Singha S/O Ardhendu Shekhar Singha and 3. Purnendu Singha S/O Tarun Kumar Singha was destroying the trees of a land over which a civil suit is lying pending before Ld. Court. So, they are violating the order of Ld Court. Over this complaint started Gangajalghati PS Case No. 81/23 Dtd.- 19/06/2023 u/s 447/427/183/34 IPC. As per endorsement ASI Animesh Paul tookup its investigation. During investigation IO visited the PO and prepared rough sketch of map 6 with its index. PO is the vacant land besides NH-60 near Shali Bridge. The land is already acquired by NH authority and a bridge is under construction over the land. There were several trees on the acquired land which were cut and also sold by the FIR name accused persons namely 1. Tarun Kumar Singha, S/O- Ardhendu Shekhar Singha 2. Anil Singha S/O Ardhendu Shekhar Singha and 3. Purnendu Singha S/O Tarun Kumar Singha without consent of the complainant though he is one of the share holder of the said land.
During investigation IO recorded the statement of available witnesses. IO served notice u/s 41(A) Cr.P.C. upon the FIR name accused persons and they complied the notice and also surrendered before the Ld. Court. The complainant also produced the certified copy of title suit bearing no 16/21, order sheet no. 23 dtd. 12/12/2022 where the Ld. Court had extended the Status Quo order till 24/02/2023 which IO seized. IO also collected the OS 16/05/2023 where the Ld. Court has extended the next date of hearing on 18/07/2023. After hearing on the last date, the injunction date is extend upto 07/10/2023 as informed by the complainant. IO collected the search copy of the suit plot from the BL & LRO, Gangajalghati where it is clear that the complainants as well as other OP members are owner of the said plot.
More over the IO seized the original notarized affidavit Sl. No.- 4578 Vol. NO.- II Dtd- 03 May 2023 and No.- 74AB-118062 of Notary, Hafizur Rahaman, Bankura Court, Reg No- 45/2002, containing two pages duly signed by Amarendra Singha, Golokbala Devi, Samarendra Singha, Rajendra Singha, Debprasad Singha, Rajlaxmi Singha, Annakali Singha, Nirmal Kumar Singha from Shri Pradip Kumar Ghsoh, Forest Range Officer, Gangajalghati Range, Amarkanan, PS- Gangajalghati, Dist- Bankura and also collected from him the copy of prayer and other 7 relevant documents submitted by Tarun Singha. As the signature on the affidavit in the name of defacto complainant namely Nirmal Kumar Singha(82 years) s/o Lt. Ardhendu Singha of Vill+PO- Kapista, PS- Gangajalghati, Dist- Bankura was denied to be his, IO produce him before the Ld. Court for collecting his specimen signature. After collection of the same I.O. sent the seized affidavit along with it to The Director, Questions Documents Examination Bureau, CID, Bhabani Bhawan, Kolkata - 700027 for examination whether the signature/handwriting of Nirmal Kumar Singha noted in original affidavit and in specimen signature matches or not. The expert opinion from the Questions Documents Examination Bureau, CID yet not received".

9. The Special Land Revenue Officer has filed affidavit dated 23.01.2024 stating that The Ministry of Road Transport And Highways, Govt. of India issued notification U/s 3A(1) of NH Act, 1956 vide Notification no. S.0.3679 (E) dated 01.12.2016, declaring its intention to acquire 9.64 acres of land in the Mouza-Mautara (JL-101), Konra (JL-105) under the PS- Gangajal Ghati, District- Bankura for the purpose of construction of proposed Bridge over river Shali at Chainage 247.00 Km of NH-60 in the district of Bankura, West Bengal.

10. It is stated that the land in question has been acquired by the authority for construction of bridge on river Shali and moreover, in connection with the said land, a partition suit is pending before the Ld. Civil Court.

11. It is also stated that notice has been issued to the Applicant, Nirmal Kumar Singha for collection of Award Compensation money. It is stated that in pursuance of Section 3G of the NH Act, 1956, CALA (Competent Authority Under Land Acquisition)/Additional 8 District Magistrate (LA), Bankura has declared Award compensation money for the LA case no. 02 of 2016-17.

12. It is further stated that on 12.08.2022, the applicant Nirmal Kumar Singha submitted before the District Magistrate, Bankura claiming that a Title Suit bearing No. 16 of 2021 is pending before the Court of the Ld. Civil Judge (Senior Division), Bankura involving the land in question and the case has not been finally disposed of by the Ld. Civil Judge (Senior Division), Bankura. It is stated that Nirmal Kumar Singha also requested that the Award compensation money should not be disbursed till final disposal of the Title Suit.

13. It is stated that till date payment of Award compensation in respect of LR plot no. 815 (the plot in dispute in the present original application) of Mouza- Konra (JL-105), PS- Gangajal Ghati, District- Bankura has not been made and is pending disposal of the above noted Title Suit case bearing no. 16 of 2021.

14. It is further stated that the Additional District Magistrate (LA), Bankura vide his letter dated 07.03.2017 had requested the Divisional Forest Officer (North) Bankura to send the valuation report of the trees situated on the land to be acquired for the construction of bridge over river Sali at 247 Kilometer of NH60 in the District Bankura. It is stated that a detailed report of the valuation of trees was submitted by the Divisional Forest Officer (DFO) vide his letter dated 10.03.2017.

15. In the letter dated 10.03.2017 (page no.100 of the paperbook), the table showing the name, number, girth, height, volume and valuation of all the trees has been given which reads as under:- 9

"Dated, Bankura the, 10/03/2017 With reference to the above the detailed report of valuation of trees are mentioned below:-
                                 No. of        Girth   Height Volume Valuation
             Name of trees
                                 trees         (mt)      (mt)     (m3)        (Rs.)



                Banyan             1            3.5      5.0      3.8        16720

                  Sishu            1           0.80      3.0     0.12        1584

               Mehagani            1           1.60      4.0     0.64        12672

                  Sishu            1           1.50      3.0     0.42        6699

                 Mango             1           1.00      2.0     0.18        1980

               Eucalyptus
                                  400            -        -           -       800
               Plnt. (1 yr.)

               Akashmani
                                  100            -        -           -       200
               Plnt. (1 yr.)

                                                       TOTAL                 40655

             In addition Fire
                                                                  20         20000
                  Wood

                                                       G.TOTAL               60655

                                                       OR SAY                61000

                               Rupees Sixty one thousand only



16. It is also stated that F.I.R No. 81/2023 dated 19.06.2023 u/s 447/427/188/34 IPC has been registered with the Gangajalghati Police Station.
17. It is also stated that as per the Kolkata Gazatte Notification issued by the Forest Department, Government of West Bengal dated 01.03.2007 the competent authority under the provisions of West Bengal Trees (Protection & Conservation In Non-Forest Areas) Act, 2006 the competent authority is the Forest Range 10 Officer/Divisional Forest Officer (Utilization Division)/Divisional Forest Officer, and as such the district administration has no specific role with regard to felling of trees in Non-Forest areas.
18. It is also stated that the area in which the illegal felling of trees as alleged in the original application to have occurred, falls within the jurisdiction of Divisional Forest Officer (North) Division, Bankura.
19. The Inspector-In-Charge, Gangajalghati Police Station, Bankura has filed supplementary affidavit dated 24.01.2024 stating that the IO seized the original notarized affidavit Sl. No.- 4578 Vol. NO.- II Dated 03 May 2023 and No.- 74AB-118062 of Notary, Hafizur Rahaman, Bankura Court, Reg No- 45/2002, containing two pages duly signed by Amarendra Singha, Golokbala Devi, Samarendra Singha, Rajendra Singha, Debprasad Singha, Rajlaxmi Singha, Annakali Singha, Nirmal Kumar Singha from Shri Pradip Kumar Ghosh, Forest Range Officer, Gangajalghati Range, Amarkanan, PS- Gangajalghati, District- Bankura and also collected from him the copy of prayer and other relevant documents submitted by Tarun Singha.
20. The Sub-Divisional Officer, Bankura has filed his affidavit dated 15.02.2024 confirming the filing of the F.I.R already mentioned above.
21. The Divisional Forest Officer (DFO), Bankura (North) Division, District-Bankura has filed affidavit dated 04.03.2024 stating that one Tarun Kumar Singha (being the private respondent herein) of village: Kapista, P.O.- Kapista, District: Bankura applied for felling trees in non forest tree area in Form-1A, depositing Rs. 25/- (Rupees Twenty Five), at Mouza-Koro, J.L. NO. 105, Plot No. 815, 11 on 17.05.2023, before the Forest Range Officer, Gangajalghati range.
22. Thereafter, in terms of the provisions of section 3(a) of the West Bengal Trees (Protection & Conservation in Non Forest Areas) Rules, 2007, the Beat Officer, Gangajalghati was deputed to conduct a detailed enquiry and after enquiry he submitted his report with recommendation before the Range Officer as per Form- II. On the basis of the enquiry report of the Beat Officer and as per No Objection with respect to felling 763 (Seven Hundred and Sixty Three) trees Eucalyptus trees and 230 (Two Hundred and Thirty) Akashmoni trees through an affidavit executed before Hafizur Rahman, Notary public submitted by the applicant namely Sri Tarun Kumar Singh and 8 others.

The Forest Range Officer issued felling permission for 219 (Two Hundred and Nineteen) Akashmoni trees and 752 (Seven Hundred and Fifty Two) Eucalyptus trees on the land mentioned above in Form-III. (Issued vide permit number 38/GG-2023-24 Dated 18.05.2023).

23. It is also stated that the present applicant has filed a writ petition being WPA No. 16272 of 2023 pending before the Hon'ble High Court, at Calcutta interalia alleging not taking of action for tree felling by the state respondents in which the Hon'ble High Court passed order on 19.07.2023. The order of the Hon'ble High Court at Calcutta dated 19.07.2023 reads as under:- 12 42

19.07.2023 WPA 16272 of 2023 Ssi Ct 14 Nirmal Kumar Singha
-vs-

State of W.B. & ors.

Mr. Saheb Banerjee ...for the petitioner Mr. Samrat Sen Mr. N.C. Bihani Ms. P.B. Bihani .....for the State Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a co-sharer of a land. Taking permission from the other co-sharers, he had planted about 1100 trees on the said land. By forging the petitioner's signature, the respondent nos. 11 and 12 in conspiracy with the forest officers being respondent nos. 8 and 10 cut some of those trees illegally. An FIR was lodged by the petitioner. This is not being investigated properly. Even the forged document has not been sent to the handwriting expert.

Learned counsel for the State submits that the land in question is now under acquisition by the National Highway Authority of India. The investigation is proceeding in accordance with law. The State would like to file a report in this regard.

Let the report be filed on the next date of hearing i.e. on 11.08.2023 when the matter will appear under the heading "Adjourned Motion".

24. The Applicant has filed supplementary affidavit dated 04.03.2024 bringing on record the order of the Hon'ble High Court which is already extracted hereinabove.

25. The Divisional Forest Officer, Bankura has filed another affidavit dated 21.07.2024 and has referred to the document (at page no.140 13 of the paperbook) which is Form-III under the West Bengal Trees (Protection & Conservation In Non-Forest Areas) Act, 2006 which mentions the applicant (IF NOT A DEVELOPER) shall take up plantation of 1942 Number of trees over the Plots No.815 within months from the date of issue of this permit. This document was also referred to by the Tribunal in its order dated 08.05.2024 and the Divisional Forest Officer (DFO) was required to file fresh affidavit addressing the said issue. In this regard, it has been stated in the affidavit of the Divisional Forest Officer (DFO), Bankura that the omission in the form has been made by mistake of the concerned officer who has been cautioned.

26. It is also stated that since notarized affidavit submitted by the Applicants of the Application Form before the Forest Range Officer was found to be fraudulent by the Questioned Document Examination Bureau, the Original Notarized Affidavit and other relevant documents have been seized by the Gangajalghati Police Station as such without the Original Notarized Undertaking the Forest department cannot commence any Prosecution Offence Report and submit the same for taking cognizance before the Learned Chief Judicial Magistrate, Bankura.

27. Further document dated 24.06.2024 has been filed which is a letter of the Forest Range Officer, Gangajalghati Range addressed to Sri Tarun Kumar Singha informing him that 219 nos Akashmoni trees and 752 Eucalyptus trees were given permission of felling at mouza-koro, JL no-105, Plot no-815 in question and he was directed to complete the plantation of 1942 trees on the Plot no-815 by 23.08.2024.

14

28. Further affidavit dated 05.09.2024 has been filed by the Divisional Forest Officer (DFO), Bankura (North) Division, stating that the said Mr. Tarun Kumar Singha has not complied with the directions given by the Forest Range Officer, Gangajalghati Range vide his letter dated 24.06.2024 and no compliance report has been filed in this regard. Further, it is stated that since permission was given for plantation of Eucalyptus and Akashmoni trees to Mr. Tarun Kumar Singha and the same are exempted, hence, no steps can be taken as per the West Bengal Trees (Protection and Conservation in Non Forest Areas) Act, 2006.

29. We have heard the learned Counsel for the parties and perused the documents on record.

30. We have gone through the provisions of the West Bengal Trees (Protection and Conservation in Non Forest Areas) Act, 2006. Under the Schedule of this Act issued under section 21 of the Act, the trees requiring mandatory permission for felling have been given and which read as under:-

"The West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006.

(Schedule.) SCHEDULE Permission mandatory for felling (See section 21.)

1. Acacia catechu (Khair)

2. Bombax ceiba (Simul)

3. Dalbergia sissoo (Shishu)

4. Diospyros melanoxylon (Kend/Kendu/Tendu)

5. Gmelina arborea (Gamar) 15

6. Madhuka indica (Mahua)

7. Michelia champaka (Champ)

8. Shorea robusta (Sal)

9. Swietenia mahogany (Mahogany)

10. Tectona grandis (Teak/Segun)

11. Mangrove trees".

31. From the Schedule of the West Bengal Trees (Protection and Conservation in Non Forest Areas) Act, 2006 it will be seen that Eucalyptus and Akashmoni trees are not trees which require mandatory permission prior to their felling. It is not disputed that the trees have been felled and 752 Eucalyptus trees and 219 Akashmoni trees for which felling permission was given by the Forest Range Officer vide his permit dated 18.05.2023 in terms of section 5(1) of the West Bengal Trees (Protection and Conservation in Non Forest Areas) Act, 2006.

32. In this view of the matter, we are satisfied that the permit granted by the Forest Range Officer was legal and valid and therefore the question of setting aside or quashing the same as null and void does not arise.

33. Learned Counsel for the Applicant further submitted that under the West Bengal Trees (Protection and Conservation in Non Forest Areas) Act, 2006, notification dated 13th February, 2008 issued by the Forest Department, Government of West Bengal (at page no.165 of the paperbook) the Security for each plant in rural area has been kept at Rs. 20.00 and Rs. 30.00 in urban areas according to Sub- Rule (3) of Rule 5 and Sub-Rule (3) of Rule 6 West Bengal Trees (Protection and Conservation in Non Forest Areas) Act, 2007. This notification provides that there are two species of trees namely, Eucalyptus and Akashmoni which are widely accepted by persons 16 in the rural areas for plantation in large scale under social and farm forestry schemes and therefore the same should be exempted from paying security to provide incentives for plantations. The notification dated 13.02.2008 reads as under:-

"GOVERNMENT OF WEST BENGAL FOREST DEPARTMENT Writers' Buildings, Kolkata-700 001 No. 650-for/FR/O/FP/4A-1/07(Pt-1) Dated, Kolkata, the 13th February,2008 NOTIFICATION The undersigned is directed to say that since the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006 has come into operation on and from 12 th April, 2006 after its publication in the Official Gazette, this Department have received several representations from various organizations regarding the difficulties experienced in depositing security for undertaking plantation of trees before felling as provided in Sub-Section (3) of section 6 and Section 8 of the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006. According to Sub- Rule (3) of Rule 5 and Sub-Rule (3) of Rule 6 of the W.B. Trees (Protection and Conservation in Non-Forest Areas) Rules, 2007 the Security for each plant in rural area has been kept at Rs. 20.00 and Rs. 30.00 in urban areas.
2. The State Government in the Forests Department have reviewed the problem and observed that two species of tree i.e. Eucalyptus and Akashmoni which are widely accepted by the persons in the rural area for plantation in large scale under social and farm forestry schemes should be exempted from paying security to provide incentives for plantations. 17
3. Now, therefore, in exercise of the power conferred under Sub- Section (1) of Section 21 of the West Bengal Trees (Protection and conservation in Non-Forest Areas) Act 2006 the State Government in the Forest Department have decided to exempt from depositing Security in respect of undertaking plantation of two species of tree i.e. Eucalyptus and Akashmoni in the rural areas with immediate effect.
By order of the Governor Sd/- Gurupada Bayen Joint Secretary to the Government of West Bengal.

34. The aforesaid notification in clear terms confirms that the tree species of Eucalyptus and Akashmoni have been exempted to provide incentives for plantations.

35. For reasons stated above, we find no merit in the present Original Application and the same is accordingly dismissed.

36. I.As., if any, stand disposed of accordingly.

37. There shall be no order as to costs.

.............................................

B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM January 24, 2025, Original Application No.91/2023/EZ OM 18