National Green Tribunal
Kiran Kumar Mishra S/O Chandra Sekhar ... vs State Of Odisha Represented By Its Chief ... on 24 September, 2021
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH,
KOLKATA
............
ORIGINAL APPLICATION No. 04/2018/EZ
(I.A. No. 43/2021/EZ & I.A. No. 61/2021/EZ)
IN THE MATTER OF:
1. Kiran Kumar Mishra
Aged about 37 years
S/o Chandra Sekhar Mishra,
At- Parabedha, P.O.-Jeypore,
Dist.-Koraput, Odisha, Pin-764001
2. Krushna Kesab Sadangi
Aged about 26 years,
S/o late Hari Har Sadangi,
At-Bidyabhusn Nagar, P.O.-Jeypore,
Dist.-Koraput, Odisha, Pin-764001
3. Makarando Bisoi,
Aged about 27 years,
S/o Narsingo Bisoi,
At-Balipota Street, P.O. Jeypore,
Dist.-Koraput, Odisha, Pin-764001
4. Prasant Hrudaya Sahoo,
Aged about 50 years,
S/o Rajani Kanto Sahoo,
At-Lingarajnagar, P.O.-Jeypore,
Dist.-Koraput, Odisha, Pin-764001
5. Laxmi Kanto Mishra,
Aged about 48 years,
S/o late Markandeswar Mishra,
At-Boxi Street, P.O.-Jeypore,
Dist.-Koraput, Odisha, Pin-764001
....Applicant(s)
Versus
1. State of Odisha
Represented by its Chief Secretary,
The Secretariat Building, Sachivalaya Marg,
At-Bhubaneswar, Dist: Khurda, Odisha, Pin-751001
1
2. Odisha State Pollution Control Board,
Represented by its Member Secretary,
Paribesh Bhawan, A/118,
Nilakantha Nagar, Unit: VIII,
Bhubaneswar, Odisha, Pin-751012
3. The Collector, Koraput
At/P.O. Koraput, Dist. Koraput
Odisha, Pin-764020
4. The Tahasildar, Kotpad
At/P.O. Kotpad, Dist. Koraput,
Odisha, Pin-764058
5. The Engineer-in-Chief-cum-Principal Chief Electoral
Inspector
At/P.O. Bhubaneswar, Dist. Khurda,
Odisha, Pin-751012
6. Government of Odisha,
Represented by its Secretary, Forest & Environment
Department, At- Secretariat Building, Sachivalaya Marg,
At-Bhubaneswar, Dist. Khurda, Odisha, Pin-751001
7. The revenue Divisional Commissioner,
Southern Division, At/P.O. Berhampur, Dist. Ganjam
Pin-760001
8. The Sub-Collector, Jeypore,
At/P.O. Jeypore, Dist. Koraput, Pin-7560001
9. The Divisional Forest Officer (D.F.O.)
Jeypore Forest Division, At/P.O. Jeypore, Dist. Koraput
Odisha, Pin-760001
10. The Principal Chief Conservator of Forest,
Govt. of Odisha, Aranya Bhawan, Chadrasekharpur,
Bhubaneswar-751012
2
11. The Assistant Conservator of Forest,
Kundra Forest Range, At/P.O. Kundra,
Dist. Koraput, Pin-764020
12. Sharvani Energy Pvt. Ltd.
Represented through its Managing Director
Sri N. Prasanth Rao, 12-13-416,
Street No.1, Taranaka, Secunderabad, State of Telengana,
Pin-500003
13. Ministry of Environment, Forest and Climate Change
Indira Paryavaran Bhawan,
Jor Bagh Road, New Delhi 110003
....Respondent(s)
COUNSEL FOR APPLICANT:
Mr. Sankar Prasad Pani, Advocate
COUNSEL FOR RESPONDENTS:
Ms. Samapika Mishra, ASC for R-1, 3 to 11,
Mr. Dipanjan Ghosh, Advocate for R-2
Mr. Ravi S., Sr. Advocate along with Ms. Paushali Banerjee,
Advocate for R-12
Mr. Gora Chand Roy Choudhury, Advocate for R-13
JUDGMENT
PRESENT:
HON'BLE MR. JUSTICE B. AMIT STHALEKAR (JIDICIAL MEMBER) HON'BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER) __________________________________________________________________ Reserved On:- 17th September, 2021 Pronounce On:- 24th September, 2021 __________________________________________________________________
1. Whether the Judgment is allowed to be published on the net? Yes
2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes 3 JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER) Heard the learned Counsel for the Applicant as well as the learned Counsel for the Respondents and perused the documents on record.
2. This application was initially filed by five applicants. On 17.09.2021, the Applicants No. 3, 4 and 5 have been deleted on the statement made by Mr. Kedranath Samantaray, learned Counsel as they were permitted to withdraw themselves from the original application.
3. This original application has been filed with the allegation that Respondent No.12, M/s Sharvani Energy Pvt. Ltd. is destroying the forest area in the Koraput District in the State of Odisha by cutting thousands of trees every day, thereby endangering the ecological balance. It is also alleged that within the District Koraput there is a river Kolab which flows through the deep green forest and has a waterfall at about 60 feet height known as Gulumi Waterfall which is situated near village Dumajodi of Kotpad Block in Koraput District. It is further stated that the waterfall is a place for adventure and picnic entertainment where thousands of tourists come from different parts of the country.
4. The further allegation is that the Respondent No.12 applied to the Government of Odisha for establishment of a Small Hydro Electric Project of 15MW capacity utilizing the water of Kolab river which was approved by the State Government provisionally in the 4 year 2002 and thereafter in 2006, Memorandum of Understandings (MoU) for production of 15MW of power was signed.
5. It is stated that though the project was approved in the year 2006 but the work started only from the year 2014 i.e. after expiry of the implementation agreement.
6. It is stated that lease of forest land has not been executed and the company is destroying the forest by constructing an open channel instead of a tunnel well beyond the approved plan of the project.
7. It is stated that even though the construction of the Hydro Electric Project was brought to the notice of the Government by the President of the Baristha Budhijibee Manch who is a retired Engineer in Chief of the Water Resource Department but no action has been taken by the State Respondents to check and prevent environmental degradation by the Respondent No.12.
8. A Joint Enquiry was conducted on 11.08.2016 on the direction of the Collector, Koraput by the Sub-Collector, Jeypore, Divisional Forest Officer (DFO), Jeypore and Tahsildar, Koraput who examined the allegations, in the context of violation of the Forest (Conservation) Act, 1980 and alleged illegal construction activities carried out by the Respondent No.12.
9. The Committee submitted its report on 23.08.2016, copy of which has been filed as Annexure-A5 in the original application. The Report mentions that spot enquiry was done on 11.08.2016 by 5 Revenue officials headed by Sub-Collector, Jeypore and Forest officials headed by Divisional Forest Officer, Jeypore.
10. The Report also mentions that the Respondent No.12 had applied for an area of 11.93 acres of Government land in Anabadi Khata No. 83 involving 7 plots having Kisam-Patra Jungle and Village Forest in Dumajodi revenue, Village (Kosiguda hamlet) under Kotpad Tehasil to establish a Hydro Electric Project by using water from river Kolab. The lease case record was returned back by the Revenue Divisional Commissioner (RDC), Southern Division, Berhampur with certain objections which were yet to be complied and it was mentioned that the lease had not been sanctioned nor possession handed over by the Revenue Authority to the project proponent i.e. Respondent No.12. It is mentioned that the project proponent after getting the Stage-I clearance got the Stage-II clearance in the year 2005 which has not been renewed and the Forest Department has also not given any approval to start construction work or to cut trees and forest growth in the proposed area. The report mentions that on the date of spot inspection, no construction activity was being carried out by the project proponent but a channel measuring about 30 meters width and 200 meters in length had been dug in the proposed area. Large chunk of land had been excavated and temporary roads had been constructed by the project proponent within the proposed area which are revenue forest land and that all the trees and forest growth in the excavated areas had been removed.
6
11. A Temporary House with mixture machine installed had also been constructed by the project proponent. It was therefore stated that illegal activity had been carried out by the project proponent prior to sanction of lease and without taking permission from the Forest Department and that a forest case under Section 73 & 83 of the Orissa Forest Act, 1972 had also been instituted against the project proponent.
12. The further allegation of the applicant is that the Forest Department had given clearance to the project for raising water only up to 4 meters of the solid Weir to be constructed upstream of the waterfall and this water was to be retained within the bank. However, in reality, it is stated that the water level would arise to 7 meters which is more than the height of the gate thereby taking the total height of the reservoir to 11 meters which would seriously affect the nearby forest and revenue land. It is stated that the Forest Department has approved 4.772 Ha. of forest land as the total need of the project proponent and has also made provisions for a tunnel for which no land or forest clearance is necessary but it is alleged that to the contrary the Joint Verification Report shows that instead of a tunnel the Respondent No.12 has constructed an open channel which will destroy forest land beyond the approved quantity of allocated land of 4.772 Ha. It is also stated that against the proposal submitted by the State Government for setting up of this project by Respondent No.12, Stage-II Forest Clearance has also been granted by the Central Government vide its communication dated 06.12.2005 as per the provisions of Section 2 7 of the Forest (Conservation) Act, 1980 for diversion of 4.772 Ha. of village forest land for setting up the Dumajodi Small Hydro Electric Project on river Kolab near village Dumajodi under Kotpad Tehasil under the Jeypore Forest Division subject to compliance of the conditions mentioned in the approval dated 06.12.2005. One of the conditions mentioned in the communication of 06.12.2005, Annexure 8 to the original application is that compensatory afforestation shall be raised and maintained in 5.20 Ha. of non- forest private land mutated in favour of the State Forest Department and handed over to the Forest Department at the project cost and the non-forest private land shall be declared as either Protected Forest (PF)/Reserved Forest (RF). The conditions laid down by the Central Government in its approval dated 06.12.2005, Annexure 8 to the original application, are reproduced herein below:
"i) Legal status of the forest land diverted shall remain unchanged.
ii) Compensatory afforestation shall be raised and maintained on 5.20 ha of non-forest private land and mutated in favour of State Forest Department and handed over to Forest Department at the project cost and the non-forest private land shall be declared as PF/RF. The Nodal Officer will submit a report regarding the above issue within 6 months.
iii) The Catchment Treatment Plan should be implemented at the project cost. The User Agency will deposit the funds for the CAT Plan with State Forest Department, after approval of CAT Plan by State Forest Department. A copy of the CAT Plan shall be furnished to the Regional Office within 90 days.
iv) The funds received from the User Agency towards compensatory afforestation, NPV and the funds to be received for CAT Plan shall be kept in fixed deposit in the name of the concerned Divisional Forest Officer or 8 the Nodal Officer (Forest Conservation) of the State or head of account intimated by the State Government. In this respect letter issued vide Regional Office vide no.
7(27)2004-FCE dated 02.12.2005 shall be strictly adhered to.
v) RCC pillars of 4 feet height shall be erected to demarcate the area by the user agency at the project cost and will be marked with forward and back bearing.
vi) The user agency while executing works, shall not fell any tree or damage forest growth in the surrounding forest area in any manner. They shall also not borrow soil or any other material nor shall dump any debris/excavated material in the adjacent forest land.
vii) No additional or new path will be constructed inside the forest area for transportation of construction materials for execution of the project work.
viii) The user agency will neither borrow any material from adjoining forest land nor dump any construction or other material there.
ix) No labour camps shall be established on the forest land.
x) Sufficient alternative fuel like coal, kerosene, cooking gas shall be provided by the user agency to the labourers at project cost.
xi) The user agency shall ensure that there should be no damage to the available wildlife or to the flora in the neighbouring forest labourers/workmen engaged by the project authorities or contractors working under them.
xii) The forest land shall not be used for any purpose other than that specified in the proposal.
xiii) Any other conditions that the Central Government may impose from time to time in the interest of afforestation, conservation and management of flora and fauna in the area shall be complied by the user agency.
xiv) In case of non-compliance of any of the above conditions, the concerned Divisional Forest Officer shall report through the State Govt. to the office as 9 per procedure laid down in the clause 1.9 of guidelines issued under Forest (Conservation) Act, 1980 on 25.10.1992."
13. Mr. Sankar Prasad Pani, learned Counsel for the Applicant further stressed upon condition-vi of the letter dated 06.12.2005 stating that there was a clear stipulation therein that the user agency executing the works, shall not fell any tree or damage forest road in the surrounding forest area in any manner but it is alleged that the project proponent, Respondent No.12 has disregarded the condition-vi and felled trees and damaged forest growth outside in the surrounding forest area.
14. An affidavit dated 27.10.2020 has been filed by the Applicant No.1 stating that some Social Activists of Jeypore-Koraput had approached the Hon'ble Orissa High Court vide W.P.(C) No. 14371/2019 seeking intervention of the Hon'ble High Court regarding alleged massive destruction of environment by Shravani Energy Pvt. Ltd. (Respondent No.12) under the guise of setting up of a Hydro Electric Power Project. This writ petition was disposed of by the Hon'ble High Court by its order dated 16.08.2019 with a direction to the Director General of Forest and Special Secretary, MoEF&CC, New Delhi to consider and dispose of the representation of the Petitioner and to take necessary action within a period of eight weeks from the date of receipt of Certified copy of the order of the Court.
15. It is stated that in pursuance of the order of the Hon'ble High Court a high-level Enquiry Committee was constituted by the 10 MoEF&CC for inspection of the site. The Committee submitted its report on 30.04.2020 to the Addl. Chief Secretary (Forest), Government of Odisha, copy of which has been marked as Annexure 14 to the original application.
16. Notices were issued to the Respondents and various affidavits have been filed by the contesting respondents.
17. An affidavit dated 12.02.2019 has been filed by the Divisional Forest Officer (DFO), Jeypore Forest Division, stating that the project proponent, Respondent No.12 was granted Stage-II approval under Section 2 of the Forest (Conservation) Act, 1980 by the Ministry of Environment, Forest and Climate Change, Govt. of India in December, 2005 for diversion of 4.772 Ha. of revenue forest land for non-forestry purpose i.e. setting up of the Dumajhori Small Hydro-Electric Project on river Kolab near village Dumajhori under Kotpad Tehasil of Koraput District, Jeypore Forest Division. This approval has already been filed as Annexure 8 to the original application and it is submitted that perusal of the same would show that there is no expiry date for the setting up of the Small Hydro Electric Plant.
18. It is also stated in the affidavit of the Forest Department that on an earlier occasion, it was found that the Respondent No.12 had executed unauthorized activities like digging a channel from the river to the proposed Power House; cutting earth to form a road leading to the proposed Power House within the aforesaid 4.772 Ha. of revenue forest area which was cleared for diversion though not 11 handed over by the Revenue Department to the Respondent No.12 and therefore the unauthorized activities of the Respondent No.12 had been completely stopped prior to receipt of the orders of the National Green Tribunal.
19. It is also stated that surveillance trap cameras and parastaffs of the Jeypore Forest Division have been deployed in the area to ensure stoppage of unauthorized activities. The site was further inspected on 09.02.2018 and no unauthorized activity was found to be going on at the site.
20. The report mentioned that the Respondent No.12 has dug out the forest land for creation of a channel with a width of approximately 35-40 meter and 60 meter length and the width of the channel at the Power House is about 60 meters and the surface area has been felled and there will be digging up to 500 meter of Reduced Level (RL) from Mean Sea Level (MSL). The original height of the hill top was 535 meter RL from MSL and therefore, the project proponent has deviated from creation of tunnel in the middle portion of the water passage way; damaged the forest and taken out all the soil/rock for creation of the channel. The land use also is not as per the conditions of the approval dated 06.12.2005. The user agency was also replacing the 4 meters height Weir which was to be erected on the river bed with a full-fledged gate system with a gate height of 9 meters. Seven such gates were to be erected across the river as per the new plant which would cause impounding of the water on the back water and would submerge 12 more areas in the upstream considering that the run-of-the-river type of project and such modification of the project was in contravention of the approval of the Ministry.
21. Another counter affidavit dated 18.07.2021 has been filed by the Respondent No.12, M/s Sharvani Energy Pvt. Ltd., where it has been stated that in pursuance of the order dated 16.08.2019 passed in W.P. (C) No. 14371/2019 passed by the Hon'ble High Court of Odisha, the Ministry of Environment, Forest and Climate Change had conducted an enquiry and ordered M/s Sharvani Energy Pvt. Ltd. to pay penal Net Present Value (NPV) for the area equivalent to twice the forest area of the approved land which had been varied and issued an order dated 21.10.2020, copy of the order is filed as Annexure R12-E.
22. It is further stated that pursuant to the order dated 21.10.2020, the Respondent No.12 has deposited a sum of Rs. 2,40,384/- (Rupees Two Lakhs Forty Thousand Three Hundred Eighty Four only) to the state specific CAMPA Account on 24.12.2020 towards Penal Net Present Value (NPV).
23. It is also stated that in order to compensate for ecological loss, the Respondent No.12 has deposited an amount of Rs. 5,87,600/- (Rupees Five Lakhs Eighty Seven Thousand Six Hundred only) towards cost of Additional Compensatory Afforestation in CAMPA Account.
24. It is also stated that the Respondent No.12 in pursuance of the order has also mutated land admeasuring 2.617 Ha. in favour of 13 the State Forest Department, Government of Odisha for Additional Compensatory Afforestation pursuant to the order dated 21.10.2020.
25. It is stated that the direction in the order dated 21.10.2020 having been complied with the Deputy Inspector General of Forests vide his order dated 22.02.2021 has revoked the suspension work over the forest area subject to the condition that Respondent No.12 shall maintain a Green Belt. The direction in the order dated 20.02.2021 which is in Annexure R-12G to the affidavit of Respondent No.12 further mentions that the State Government shall ensure that the State Forest Department will raise the Additional Compensatory Afforesation over 2.617 Ha. of non-Forest land identified in Plot No. 107/139, Khata No. 25/14 and Plot No. 111/138, Khata No. 25/13 of village Bhatapani under Kundra Tahsil of Jeypore Forest Division within 3 years from the date of issuance of this order from the funds deposited by the user agency in the CAMPA Account. The relevant extract of the order dated 22.12.2021, is extracted herein below:
"2. In this connection, I am directed to say that on the basis of the compliance report furnished by the State Govt. vide their letter No.10F(Cons)126/2020-3129/F&E dated 11.02.2021 and on the basis of decision of Regional Empowered Committee meeting held on 10.02.2021, the Ministry of Environment, Forest and Climate Change hereby revoke suspension of work over diverted forest area, subject to the fulfillment of the following conditions:-
i. The State Govt. shall ensure that the State Forest Department will raise the additional compensatory afforestaton over 2.617 ha of non-forest identified in Plot No. 107/139, Khata No. 25/14 & Plot No. 111/138, Khata No. 25/13 of village Bhatapani under kundra 14 Tahsil Jeypore Forest Division within three years from the issue of this order as per approved plan/scheme and maintained thereafter, from the funds deposited by the user agency in CAMPA account. The species to be planted shall be indigenous to the area and naturally growing species shall be planted using intensive planting technique to ensure survival of the plantation. Intensive monitoring of the plantation needs to be done and documented using Geo tagging so that the increase of canopy density and survival and growth of plantation can be evaluated at regular intervals. These reports with photographs of plantation, videos and geo tagged image shall be communicated to IRO every six monthly.
ii. After commissioning of the project and completion of construction work, whatever vacant land is available in the project area, the user agency shall take up plantation over it and maintain green belt of indigenous species. The progress of this plantation shall be communicated to IRO, Bhubaneswar periodically.
Yours faithfully, (Padma Mahanti) Dy. Inspector General of Forest (C)"
26. It is further stated by the Respondent No.12 that construction work has now commenced over the forest land in respect of which Stage-II clearance has been granted and possession has been handed over to the Respondent No.12 and the Respondent No.12 has also purchased private land measuring 5.20 Ha. for compensatory afforesation and transferred the same to the Forest Department which has been declared as Protected Forest (PF) as per Record of Rights (ROR) vide Khata No. 202/2 of Mouza Bagderi (Annexure R-12 L). It is also stated that a Joint Inspection visit was carried out by the Respondent authority and it was found that the Respondent No. 12 had not encroached any other forest land apart 15 from the land measuring 4.772 Ha approved by the Forest Department in favour of the Respondent No.12.
27. It is also stated by the learned Senior Counsel for the Respondent No.12 referring to para 19 of its affidavit that the river bed level taken at the proposed diversion structure is 506.325 meters whereas the Full Reservoir Level (FRL) will be 515.000 meters as per the approved project design after completion of construction of Weir and gates. The Natural Ground Level (NGL) of Kolab river right side is 522.350 meters and left side is 550.240 meters; the deepest river bed level is 516.415 meters at Chatorla Pherighat which is much higher than the river level of the proposed structure and since the minimum drawl level of the structure is 506.000 meters and Weir crest level is 510.000 meters and High Flood Level is 515.000 meters there will be no effect of back water submergence of any forest land or any other land on the upstream of the project, since, the project is a run-of-the river type project without any significant storage.
28. It is stated on behalf of the Respondent No.12 that there is no water fall at Gulumi but that Gulumi is a Scenic Spot.
29. Another affidavit dated 24.08.2021 has been filed by the District Magistrate & Collector, Koraput bringing on record a Joint Committee Report carried out in pursuance of the order of the Tribunal dated 08.07.2021. The site inspection was carried out by this Committee dated 23.08.2021 and it is mentioned therein that the Respondent No.12 user agency had not encroached on any 16 other forest land/Govt. land other than the 4.772 Ha. of forest land ordered for diversion in its favour. It is also clearly stated that there is no waterfall at Gulumi forest area at the project site.
30. The Report also states that the Natural Ground Level (NGL) of Kolab river right side bank is 552.350 meters above the Mean Sea Level (MSL); left side bank is 550.240 meters above the MSL and upstream river bed level is 516.415 meters above MSL at Chattorla 'Pherighat' which is higher than the Full Reservoir Level (FRL) of the proposed structure, and in this view of the matter, the water fall will be confined within the river only and since the project is a run-off- river type project without any significant storage, there will be no effect of back water submergence of any forest land or any other land upstream of the project. It is also stated that the ongoing construction of the project by the Respondent No.12 will not lead to any felling of trees or destruction of forest land of any kind.
31. The Report also mentions that the river bed level taken at the proposed diversion structure is 506.325 meters MSL whereas the Full Reservoir Level (FRL) will be 515.000 meters MSL after completion of construction of Diversion Gated Weir as per the approved project designs and drawings.
32. The Report further confirms that Respondent No.12 has deposited Rs. 2,40,384/- (Rupees Two Lakhs Forty Thousand Three Hundred Eighty Four only) towards Penal Net Present Value (NPV) in the State CAMPA Account on 24.12.2020 and in order to compensate the ecological loss, the Respondent No.12 has also 17 deposited an amount of Rs. 5,87,600/- (Rupees Five Lakhs Eighty Seven Thousand Six Hundred only) on 11.01.2021 towards the cost of Additional Compensatory Afforestation in the State CAMPA Account.
33. The Report also confirms that the Respondent No.12 has mutated land measuring 2.617 Ha. under Mouza Bhatapani in Kundra Tehsil of Koraput District in favour of State Forest Department, Government of Odisha for Additional Compensatory Afforestation.
34. It is also confirmed that the Deputy General of Forests, MoEF&CC, Government of India by its order dated 22.02.2021 had revoked the suspension of work over the diverted forest area after being satisfied that the Respondent No.12 had complied with the directions given in the previous order dated 21.10.2020 of the MoEF&CC subject to maintenance of Green Belt on available vacant land after completion of the construction of the project.
35. The Report also mentions that under the Government of India Environment Impact Assessment (EIA) Notification No. 2006, dated 14.08.2018 no Environmental Clearance (EC) is required for Hydro Electric Power Project up to 25MW capacity and since the Dumajorhi Small Hydro Electric Power Project of the Respondent No.12 is of only 15MW capacity it does not come under the purview of Environmental Clearance.
18
36. An objection dated 16.09.2021 has been filed by the Applicant to the report submitted by the Joint Committee and referring to its contents the learned Counsel for the Applicant submits that the contention of respondent that Gulumi is not a waterfall is belied by the sign boards displayed by the Department of Tourism and he insists that the Gulumi Waterfall exists at the site. It is also alleged that the Elevated bed level is 501.5 MSL and not 506.325 MSL.
37. An additional allegation has been made by the applicant that there is no assessment with regard to transmission line which will pass through various patches of forest area in a span of 42 KM from Dumajodi to Jay Nagar Grid Sub-Station, though the proposal has mentioned around 2.15 Ha. as having been earmarked for transmission line and switch yard. It is also alleged that certain certificates submitted by the Respondent No.12 in the year 2004 were forged and fake.
38. We find that the Joint Committee Report has in detail considered and held that the Respondent No.12 has not exceeded its allotted forest area of 4.772 Ha. for the construction of its Small Hydro Electric Power Project and therefore, the subsequent allegation being raised by the applicant is nothing but after thought and is beyond the allegations made in the original application.
39. From an analysis of the documents on record particularly the Joint Committee Report, we find that although there had been certain lapses and irregularities committed by the Respondent No.12 in the past and also found mention in the previous inspection 19 Report but the same have been rectified and compensatory afforestation amount of Rs. 2,40,384/- (Rupees Two Lakhs Forty Thousand Three Hundred Eighty Four only) has been paid towards Penal Net Present Value on 24.12.2020 and Rs. 5,87,600/- (Rupees Five Lakhs Eighty Seven Thousand Six Hundred only) on 11.01.2021 towards cost of Additional Compulsory Afforestation. We also find that the Respondent No.12 has not raised the level of the reservoir beyond the High Flood Level (HFL) and therefore, there is no threat to the surrounding areas of the forest in question in the upstream.
40. Considering these facts, nothing further remains to be adjudicated in this matter. This Original Application No. 04/2018/EZ is accordingly dismissed as having become infructuous.
41. There shall be no order as to costs.
I.A. No. 43/2021/EZ
42. In view of the above judgment in the present original application, the I.A. No. 43/2021/EZ is therefore dismissed as infructuous, since the order has already been complied with and the Joint Committee has made a fresh inspection and submitted its report.
I.A. No. 61/2021/EZ
43. This application has been filed with a prayer for dismissal of original application. Since, the original application has already been 20 dismissed, the I.A. No. 61/2021/EZ has become infructuous and is dismissed accordingly.
........................................ B. AMIT STHALEKAR, JM ........................................ SAIBAL DASGUPTA, EM Kolkata September 24, 2021 Original Application No. 04/2018/EZ I.A. No. 43/2021/EZ & I.A. No. 61/2021/EZ MN 21