National Green Tribunal
Tribunal On Its Own Motion Based On The ... vs The Chief Secretary Government Of ... on 28 July, 2021
Bench: K Ramakrishnan, K. Satyagopal
Item No.01:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 157 of 2021 (SZ)
(Through Video Conference)
IN THE MATTER OF
Tribunal on its own motion-SUO MOTU Based on the
News item published in Onmanorama E-paper, Web Edition,
Dated 08.06.2021, under the caption "Revenue, Forest Department
Failed in preventing Muttil Tree felling says report".
...Applicant(s)
Versus
1. The Chief Secretary
Government of Kerala,
Government Secretariat,
Thiruvananthapuram - 695 001.
2. The Principal Secretary to Govt. of Kerala,
Department of Environment,
Room No. 406, 4th Floor, Annex II,
Government Secretariat,
Thiruvananthapuram - 695 001.
3. The Principal Secretary to Govt. of Kerala,
Department of Forest and Wildlife,
Room No. 403 4th Floor, Annex - II,
Government Secretariat,
Thiruvananthapuram - 695 001.
4. The Principal Secretary to Govt. of Kerala,
Department of Revenue and Disaster Management,
Room No.210A, 2nd Floor, Annex - I,
Government Secretariat,
Thiruvananthapuram - 695 001.
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5. The Principal Chief Conservator of Forests,
(Head of Forest Force),
Kerala Forest and Wildlife Department,
Forest Headquarters, Vazhuthacaud,
Thiruvananthapuram - 695 014.
6. The District Collector,
Wayanad District,
Wayanad, Kerala - 673 122.
7. The District Collector,
Thrissur District,
First Floor, Civil Station. Civil Lines Road,
Kalyan Nagar, Ayyanthole,
Thrissur, Kerala - 680 003.
8. The District Collector,
Palakkad District,
Kenathuparambu, Kunathurmedu,
Palakkad, Kerala - 678 013.
9. The District Collecotr,
Ernakulam District,
Collectorate, Kakkanad,
Ernakulam - 682 030.
10. The District Collector,
Idukki District,
Collectorate, Kuyillimala, Painav P.O.,
Idukki, Kerala - 685 603.
...Respondent(s)
Date of hearing: 28.07.2021.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. K. SATYAGOPAL, EXPERT MEMBER
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For Applicant(s): Suo Motu by Court
For Respondent(s): Mr. Arun represtned
Mr. E.K. Kumaresan for R1 to R10
ORDER
1. The above case has been SuoMotu registered by this Tribunal on the basis of the newspaper report published in e-paper Web Edition named, ON Manorama dated 08.06.2021, under the caption "Revenue, Forest Departments failed in Preventing Muttil tree felling".
2. It is alleged in the newspaper report, that in the guise of the order issued by the Revenue Department, large scale felling of valuable trees which otherwise could not have been felled without getting necessary permission from the Forest Department had been done by private parties, thereby causing heavy loss to the Government ex-chequer and also affecting the forest environment as these properties are situated by the side of the Reserved Forest. These properties were assigned on the basis of the assigned order granted by the Government under the Kerala Land Assignment Rules, 1964, to the tribal-backward class communities at South Muttil Village in Wayanad District.
3. It is also mentioned in the e-paper report that a Government 3 order was issued on 24.12.2020, which was misinterpreted to fell and transport centuries-old rosewood tress worth cores of rupees. The order allowed farmers to axe royal trees, except sandalwood, which they have planted and naturally grown on the land assigned to them under the Land Assignment Rules.
4. It is also reported that some cases have been registered by the Meppadi Forest Range Officer against the person who were involved in such illegal cutting. This happened not only in Wayanad Dsitrict but also in Thrissur, Palakkad, Eranakulam and Idukki Districts as well. It is also alleged that there is a possibility of encroachment in the forest areas and also cutting of forest trees in the guise of this Government order.
5. Ongoing through the allegations made in the newspaper report, we are satisfied that that there arises a substantial question of environment which requires the interference of this Tribunal as the valuable trees are protected under the Kerala Prevention of Trees Act, 1986 and also obtaining necessary permission from the Forest Department as part of Forest Conservation Act, 1980 are also indirectly involved, apart from that it will fall under the Umbrella Legislation of the Environment (Protection) Act, 1986 as cutting of huge number of trees from the forest area will have impact on the forest ecology and also on the Wild Life. So the matter is admitted. 4
6. When the matter came up for hearing for admission today through Video Conference, Mr. Arun represented Mr. E.K. Kumaresan counsel for respondents 1 to 10. So service is complete.
7. Issue notice to the respondents by Registered post with acknowledgement due, by e-mail along with the newspaper report and gist of the Suo-Motu proceedings with full cause title immediately.
8. The Principal Chief Conservator of Forests (PCCF) and (Head of Forest Force), Kerala Forest and Wildlife Department, Thiruvananthapuram and the respective District Collectors are directed to submit their independents report regarding the allegations made in the newspaper report and also the possible damage if any caused to forest ecology and environment on account of the these acts, and what is the nature of action taken by them apart from initiating prosecution whether any steps have been taken to realise the loss caused to the Government on account of the tree cutting applying the principles of Net Present Value (NPV) as has been observed by the Hon'ble Apex Court in (T.N. Godavarman Thirumulpad vs. Union Of India & Ors). It may also be reported whether any tress have been cut in the guise of the impugned Government order, if so how many trees had been cut. If any violation is found, what are all the nature of 5 violations committed by the persons who are responsible for such illegal cutting, Independent action taken by the respective department is also to be reported.
9. The official respondents are directed to submit their report as directed to this Tribunal on or before 31.08.2021 by e-filing in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF along with necessary hardcopies to be produced as per rules.
10. The Registry is directed to communicate this order to the official respondents immediately through e-mail along with the copy of the E-paper report and the gist of the Suo Motu proceeding with full cause title so as to enable them to comply with the direction and for filing their independent response to the allegations made in the E-paper report and filing the report as directed by this Tribunal.
11. For appearance of parties and submitting their independent responses as directed, post on 31.08.2021.
Sd/--
...................................J.M. (Justice K. Ramakrishnan) Sd/--
.................................E.M. (Dr. K. Satyagopal) O.A. No.157/2021(SZ) 28th July, 2021. Sr. 6