National Green Tribunal
Dr Aditya Upadhyay vs Ministry Of Road Transport And Highways on 7 February, 2023
Item No. 3
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 99/2022(CZ)
Dr. Aditya Upadhyay Applicant(s)
Versus
Ministry of Road Transport
And Highways & Ors. Respondent(s)
Date of hearing: 07.02.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
For Applicant (s): Mr. Aditya Upadhyay, Adv.
For Respondent(s) : Mr. Ravikant Patidar, Adv.
ORDER
1. The grievances of the applicant (present in person) are that age old trees are arbitrarily cut down without ensuring further plantation in light of the guidelines of afforestation and conditions of EC and thus serious violation of environmental rules have been done by the National Highway Authority of India i.e. respondent no. 1 while expanding two lane road to four lane road in section of Obedullaganj-Hoshangabad and Itarsi of NH-69 in the State of M.P.
2. The matter was taken up by this Tribunal on 22.12.2022 and the committee consisting one representative from District Collector, Betul, M.P., one representative from NHAI and one representative from Madhya Pradesh Pollution Control Board was constituted with the direction to visit the site and submit the factual and Action Taken Report.
13. In compliance of the order dated 22.12.2022, the members of the committee visited the site and submitted the report as follows :-
1. "Definition of a tree is faulty and questionable for Teak wood trees.
2. Tree Felling by the respondent has been done in illegal manner, thousands of age old trees and lacs of intermediate trees/plants were arbitrarily cut.
3. The numbers cut are more than permitted. New Plantation in lieu of the trees felled and Transplantation of the Trees were not performed.
No maintenance has been done.
4. Respondent has acquired more than required land for development of highway and Soil Excavation was done on this extra land.
5. No notice was ever served to concerned landowners for transfer of possession as the National Highway Laws (Amendment) Act, 1997.
BACKGROUND OF OBEDULLAGANJ - ITARSI - BETUL PROJECT SECTION OF NH-69
1. The development of Highway from Obedullaganj to Betul (NH-69) was originally started way back in 2012 in BOT mode as the existing road from Obedullaganj-Betel was highly congested. Therefore it was decided in order to save vehicle operating costs, reduction in air and noise pollution caused by vehicular traffic, saving travel time and boosting, connectivity, the existing 2- lane road should be developed further into 4-lane. However, due to slow progress, the same got terminated and the project was then divided into two parts. The details of the 2 parts and their status is as follows:-
2Project Name Chainage Length Date of Actual/ in km Start Expected date of Completion Obedullagani to 2+800 to 8+300 14.11.2017 46.300 07.12.2021 Itarsi 20+700 to 61+500 05.05.2023 Itarsi to Betul 61+500 to 134+455 73.955 22.02.2018
2. It is also to apprise regarding the stay on construction by Hon'ble High Court of Madhya Pradesh, Jabalpur Bench in 20.91 km of the project stretch in the case of Advait Keole vs Union of India (WP 28573/2021). The Hon'ble High Court vide order dated 01.04.2022 had stayed the construction of Four Lane Road stretch which passes through the Satpura-Melghat Tiger Corridor.
SITE VISIT BY COMMITTEE Date: 31.01.2023 Location: Shahpur Tehsil from Dhar Village (Km 82) to Padhar Village (Km 124).
Committee Members: Shri K.N. Katare, RO-Chhindwara, MPPCB, Shri Anil Soni, SDM Shahpur, District Betul and Shri Akhil Prabhu Soni, Manager (Tech.), NHAI, PIU, Bhopal.
1. As per the Order dated 22.12.2022, the Committee had undertaken the site inspection of the project stretch falling under Shahpur Tehsil from Dhar Village (Km 82) to Padhar Village (Km 124) on 31.012023.
2. The Committee had observed the alignment of the road and the fact that only necessary trees were out down. In Shahpur Tehsil, the permission of tree felling was given for a number of 3954 trees including govt. & private trees of which only 3236 trees were cut down by NHAI as reported. The Committee was also apprised of the fact that all the tree felling has been done under the supervision of Officers of Forest Department. The wood deposition challan was presented to the committee.
3. The Committee had also looked into the progress of plantation done by NHAI in Shahpur Tehsil and was also apprised about 3 the process regarding the maintenance of these plants. It was observed that the process of plantation is in its early stage in some parts and in some parts the plants are around one year old. It would take some time for the plantation to be fully developed. The total number of trees that were planted by NHAI within the Shahpur Tehsil was 18369 of which 11290 were found alive and 7079 trees were found dead. The process of plantation was not carried out by NHAI in the stretch of Tiger Corridor on account of Stay by Hon'ble High Court.
4. NHAI informed due to ongoing construction progress, all the dead plants shall be replaced before completion of the project. The 2nd part of the project from Itarsi to Betul is on the verge of completion and is likely to be completed in May, 2023 and the process of plantation will also be completed by May 2023. Since the construction activities involve mobilization of heavy machinery around the highway, therefore in terms of feasibility and pragmatism the plantation is done only after the construction of a particular stretch is completed so that the newly planted saplings. The Transplantation process was not a mandate as per the forest clearance and environment clearance granted by MoEF&CC.
5. With regards to the issue of deep trench near Shahpur Bypass raised by the petitioner, it was informed that the trench was for the purpose of drainage of water along the highway. Necessary safety arrangements like installation of MBCB (Metal Beam Crash Barrier) where the height of embankment is greater than 3 meter shall be installed by NHAI as per IRC guidelines to safeguard the road users from any untoward accident.
6. The Committee was also informed that the project would he completed by May 2023 and the remaining plantation would be done by May, 2023.
4FINDINGS OF TILE COMMITTEE ON THE POINTS RAISED BY APPLICANT -
1. What constitutes a tree is determined hy the interpretation of Forest Act, 1927 and the same was followed by the committee for this report.
2. The tree cutting in the project has been done under jurisdictions of two department as follow-
a) Cutting of trees in the Forest Area has been done by the Forest Department, Respondent has deposited the requisite amount to the forest department under the heads of Net Present Value and Compensatory Afforestation. With regards to Compensatory Afforestation the respective funds were duly deposited in CAMPA Ad hoc fund as per the directions of the Forest Department. The identification of land for the afforestation has also been done by the Forest Department.
b) Cutting of trees in the Revenue Area has been done by the NHAI. Permission of which has been taken from the respective District Collector. The orders passed by respective District Collectors under Section 240 of the Madhya Pradesh Land Revenue Code (MPLRC) and the conditions specified in the orders were to be followed by applicant agency.
3. The actual number of Trees in the revenue area falling under Shahpur Tehsil for which permission was provided by the respective District Collector is 3954. However, as per the conditions laid down in the Forest Clearance Stage-I dated 17.06.2013 the tree felling must be kept to a bare minimum. The same condition was duly complied by the Ni LAI and therefore only 3236 Trees were cut down within the 5 Shahpur Tehsil, Each and Every Tree has been felled under supervision of the officers of the MP Forest Department. As per the conditions of the permission, the plantation of about 32360 is to be done in lieu of the 3236 trees which have been felled in the Four Lane of NH-69 (now NH-46) within Shahpur tehsil. In lieu of above, the plantation of 18369 has been completed of which 11290 were found alive and 7079 trees were found dead during the site visit. NHAI informed that replacement of dead plants is continuous process under maintenance, the same shall be carried out and the remaining plantation shall be completed till completion of project. The completed and remaining plantation shall be maintained by NHAI through its appointed contractor.
4. With respect to extra land Doing acquired, Committee referred IRC guidelines IRC:SP:84-2014, 2.3 Right of Way which states that "A minimum Right of Way (ROW) of 60 meters should be available for development of a 4-lane highway". With regards to soil excavation on extra land acquired, the petitioner has claimed that the deep trench alongside highway would result in severe accidents, however it is necessary to mention that for fulfilling the horizontal alignment as per IRC guidelines and to maintain setback distance on curves, the excavation and tree cutting were done on sides of the highway, The excavation and trench along the highway is also executed for the purpose of highway drainage. Necessary safer arrangements like installation of MBCB (Metal Beam Crash Barrier) where the height of embankment is greater than 3 meter shall be installed by NHAI as per IRC guidelines to safeguard the road users from any untoward accident.
5. The land acquisition was done under NH Act, 1956 by Appointing respective SDO (Revenue) as 6 Competent Authority for Land Acquisition. The issue regarding service of notice to land owners is not related to any environment issue and it not relevant for the proceedings before National Green Tribunal Further, the land after acquisition comes within the ownership of MoRT&H.
6. It was found that the trees have been felled as per the due process as informed by NHAI and after in consonance with the conditions mentioned in Forest Clearance and the orders passed by respective District Collectors. It is further necessary to mention that NHAI had taken permissions to cut 21545 trees for the 4-lane work of NH-69 from Obedullaganj to Betul.
7. Only the trees which were coming in the carriageway and which was required to be cut for sight distance criteria were cut and rest of the trees which were situated in Right of Way were saved to keep the numbers bare minimum as per conditions of Forest Clearance, only those trees were cut down which was absolutely necessary. The process of tree felling has always been done under the supervision of forest officers. No illegal felling of Trees has taken place with regards to the four-lane work of NH-69. The plantation has been done as median & avenue plantation along the project highway by NHAI in lieu of the trees felled.
ACTION TAKEN REPORT DATA ANALYSIS FOR TREE FELLING After receiving the communication from Dr. Aditya Upadhyay via email on 11 January 2023, the following steps have been taken by Respondent No. 1, NHAI :
1. The data regarding permission granted for tree felling in revenue area which is granted by District Collector under 7 Section 240 of MPLRC were again examined and the number of trees for which permission was granted was duly calculated for entire stretch from Obedullaganj to Betul. The actual number of Trees in the revenue area for which permission was provided by the respective District Collector is 21345.
2. However, as per the conditions laid down in the Forest Clearance Stage-1 dated 17.06.2013 the tree felling must be kept to a bare minimum. The same condition was duly complied by the NHAI and therefore only 10,563 (Ten Thousand Five Hundred Sixty Three) Trees were cut down as reported by the Contractor Authority Engineer from Obedullaganj to Betul. Each and Every Tree has been felled under supervision of the officers of the MP Forest Department. As per the conditions of the permission.
3. With regards to the trees coming under forest area, the amount for compensatory afforestation alongwith tree cutting charges in forest area was duly deposited in the Govt. of India CAMPA ad hoc find as per the directions of Madhya Pradesh Forest Department way back in the year of 2013.
4. The plantation of about Eighty Two Thousand One Hundred and Fourteen Trees (82,114) is to be done in lieu of the Ten Thousand Five Hundred Sixty Three (10,563) trees which have been felled in the Four Lane of NH-69 (now NH-46). In lieu of above, the plantation of 60,635 has been completed and further the remaining plantation shall be completed on completion of-project from Obedullaganj to Belli as reported by NHAI. The completed and remaining plantation shall be maintained by NHAI through it's appointed contractor. It is a fact that certain number of plants may not survive however as per the conditions laid down by NHAI. The said dead plants would be replaced by fresh plants to ensure that the 8 number of plants as per the permissions are present along the Highway."
4. Learned Counsel appearing for the applicant has submitted that the actual number of trees cut down are not reported by the authorities. In reply thereof the respondent and the Learned Counsel for the NHAI has pointed out that the details of the trees are given in the plan and submitted to the concerned authorities and Forest Department which are as follows :-
"Please find enclosed herewith tree cutting approval received from district collector Sehore with the following terms and conditions. The details of trees is reproduced as below :-
Ø- rglhy xzke o`{kks dh la[;k fo'ks"k fooj.k
lkSxku o`{k vU; o`{k dqy
1 cxokMk 1153 814 1967 iz-Ø 01@cxokMk@v&62@13&14
vkns'k dh izfr layXu gSA
tks'khiqj 221 311 532 iz-Ø 02@tks'khiqj@v&62@13&14
vkns'k dh izfr layXu gSA
ckalkiqj 589 545 1134 iz-Ø 03@ckalkiqj@v&62@13&14
cqnuh vkns'k dh izfr layXu gSA
oklkiqj 459 257 715
lrdV
iz-Ø 04@v&62@13&14 vkns'k dh
cxokMk - 13 13
izfr layXu gSA
tks'khiqj - 25 25
Total 754
Total (1+2+3+4) 4387
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1- mDr isM jktLo @ou foHkkx ds funsZ'ku esa dkVs tkosAa 2- isM+ dVkus ds ckn dkVh xbZ ydM+h utnhd ou fMiks esa tek djkbZ tkos A 3- ydM+h uhykeh dh dk;Zokgh ou foHkkx }kjk fu;ekuqlkj dh tkosxhA 4- o`{kksa dh dVkbZ ls izkIr ouksit ds ifjogu gsrq e-iz- vfHkogu ¼ouksit½ fu;e 2000 ykxw gksx a As 9 5- ,slh 'kkldh; Hkwfe tks ou laj{k.k vf/kfu;e 190 ds rgr ou dh ifjHkk"kk esa vkrh gks] ij fLFkr o`{kksa dh dVkbZ ds iwoZ l{ke v/fkdkjh ls vuqefr izkIr djuk vko';d gksxkA 6- dkVs x;s isM+ ds cnys esa 10 xquk isM+ yxuk vfuok;Z gksxk rFkk isMk+ sa dh j[kokyh xzke iapkr@Hkkjrh; jk"Vªh; jktekxZ izkf/kdj.k ,oa vkids }kjk dh tkuk vko';d gksxhA 7- ;g vuqefr 'krZ mYya?ku dh n'kk esa vfkok iz'kklfud n`f"V ls dHkh Hkh fujLr dh tk ldsxh A
5. The necessary directions have been issued by the MoEF&CC vide letter dated 13.01.2011 with further directions that if the proposed route requires cutting of trees then the information should be provided for number of trees to be cut, there species and weather it also involved any protected or endangered species. The report submitted by the joint committee reveals that necessary plantation are being done and shall be completed after the completion of the work because during the construction of the road, any plantation in the area may not be successful. With regard to the trees coming under forest area, the amount for compensatory afforestation along with tree cutting charges in forest area was duly deposited in the Govt. of India fund as per direction of forest department. Another objection raised by the learned counsel for the applicant is that further and another report may be called from independent agency, which we do not seen it proper.
6. Hearing the learned counsel for the parties, going through the records and the report submitted by the joint committee, there is no violation of any environmental rules and for cutting of trees necessary permissions have been taken from the competent authority and, for afforestation the undertaking have been given by the authorities concerned that the 10 number of plants as per permission shall be planted and their survival shall be taken care of by the authorities concerned.
7. Accordingly, we dispose of this Original Application finally with the direction to the authorities/respondent/NHAI to ensure compliances of the conditions and that remaining plantation must be completed on completion of project as soon as it is possible and further that their survival must be ensured and taken care of.
Sheo Kumar Singh, JM Dr. A. Senthil Vel, EM 07th February, 2023 OA No. 99/2022 (CZ) PN 11