National Green Tribunal
Babu Lal Jajoo vs State Of Rajasthan Ors on 29 January, 2014
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONAL BENCH, BHOPAL
Original Application No. 121/2013 (CZ)
CORAM:
Hon'ble Mr. Justice Dalip Singh
(Judicial Member)
Hon'ble Mr. P.S.Rao
(Expert Member)
BETWEEN:
Babu Lal Jajoo
S/o Shri Balur Ram Jajoo,
Aged about 50 years,
R/o Jajoo Bhawan,
Bhilwara, C/o Tiger House,
Jadon Nagar -A,
Jaipur - 18
Versus
1. The Chief Secretary,
Government of Rajasthan,
Central Secretariate,
Jaipur
2. The Prinicpal Chief Conservator of Forest
Rajasthan,
Jaipur
.....Respondents
[ Counsel for Applicant :
Shri Sambhav Sogani, Advocate Counsel for Rajasthan Pollution Control Board :
Shri Shivendu Joshi, Advocate for Shri Purushaindra Kaurav, Advocate Page 1 of 4 Dated : January 29th, 2014 Delivered in the open Court by Hon'ble Mr. Justice Dalip Singh, Judicial Member
1. This application was register after the Original Writ Petition No. 5501/2004 was transferred by the Hon'ble Rajasthan High Court to this Tribunal vide order dated 23.09.2013 in accordance with the decision of the Hon'ble Supreme Court in Bhopal Gas Peedith Mahila Udyog Samgathan case.
2. Notice was issued to the parties. Heard learned counsel for the parties and perused the record.
3. In the petition the applicant has alleged that in the Districts Jodhpur, Sikar, Kota, Jaipur, Ajmer, Udaipur, Sawai Madhopur and Bikaner in Rajasthan the total area under forest is 3289351.147 hectares out of which 486718.57 hectares have been encroached upon by various persons and only 14174.7342 hectares forest land has been made free from encroachment .
4. It was further prayed that direction be issued as followsPrayer claim page 7 & 8), (i) to
(vi).
5. The Hon'ble High Court issued notices to the respondents vide order dated 6.9.2004 and after service the respondents submitted their reply on 15.12.2004. In the reply the respondents submitted that as in exercise of the power conferred under subsection (3) of the Section 3 of the E.P. Act 1986 the MOEF Govt. of India has constituted a Central Empowered Committee to monitor they implementation of the direction given by Hon'ble Supreme Court in T. N. Godavarman case. It was further submitted that the State of Rajasthan had also constituted State level committee for monitory action against encroachment. Similar committees at the Distt. Level & forest circle level have also been constituted for the said purpose. As such it was submitted that there is no need for constitution of any new committees for this purpose as prayed. Page 2 of 4
6. As far as action against the encroacher is concerned it was submitted in the reply that action in accordance with law is being taken against persons found to be encroaching on forest land and also against Forest Department personal who were found to be colluding. As per the above reply 58861 can of encroachment have been registered. An amount of Rs. 29,63,551.70 paise has been realised by way of penalty. It was further stated that 13233 hectare of land had been made for of encroachment. It was submitted that the forest area as per, Forest Survey of India had increased from 12758 sq km in 1987 to 13871 in 1999. It was also stated that up to the year 2004, about 2726162.301 hectare areas had been mutated in the name of the Forest Deptt. In Revenue record and about 564505 hectare remained to be mutated. Thus while controverting the averments in the petition it was submitted that the petition be dismissed.
7. We have considered the rival submission at the outset we may state that the averments it the petition are very general in the nature. While we find considerable fever in the submission of the respondents that in compliance of the directions issued by the Hon'ble Supreme Court and the notification issued by the Govt. of India Monitoring Committee has been constituted but it is admitted that trespass and encroachments into forest areas in a regular feature which needs to be addressed and effective steps needs to be taken for its prevention. The fact that 58,861 can were registered itself shows that the problem is quite accurate and rampant.
8. Having said so we cannot while during this petition give any general direction on several direction have come to be issued by the Hon'ble Supreme Court it its various orders from time to time and necessary follow up order have also been issued by the Central and State Govt. However, if the petition is also to point out any specific instruments of encroachment and in action on the part of the State Forest Department or the notification of any forest laws or notification pertaining to environment the Tribunal shall not hesitate to take cognisance of the matter any deal with specific cases.
9. We would accordingly dispose of their petition by obtaining that it would be open for the applicant to raise fresh specific issues and the Tribunal shall exam each of those on their Page 3 of 4 merits. We do not mean to, while disposing their petition, comment either way on the merits of the general issue of forest degradation as alleged by the applicant or its reclamation as stated in the reply. With the above observation their application stands disposed of with liberty as aforesaid.
(Mr. Justice Dalip Singh) Judicial Member (Mr. P.S.Rao) Expert Member Bhopal, January 29th , 2014 Page 4 of 4