National Green Tribunal
Babu Lal Jajoo vs National Highway Authority Of India ... on 6 October, 2021
Item No. 02
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Execution Application No. 01/2020 (CZ)
Original Application No. 27/2015
Babulal Jajoo Applicant (s)
Versus
State of Rajasthan & Anr Respondent(s)
Date of hearing: 06.10.2021
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s): Mr. Naveen Ahuja, Adv
For Respondent(s) : Ms. Sapna Aggarwal, Adv
ORDER
1. This is an application for execution of an order dated 16.11.2015 passed by this Tribunal in Original Application No. 27/2015, which is quoted below:
"This Original Application was submitted by the Applicant with the prayer that the Respondents be directed to do the compensatory afforestation along the road during the operation of construction of the road or its widening with the further direction that the monitoring of the survival of the trees at regular intervals be also done and that the afforestation work be carried out before or during the construction of the national highway particularly NH8 and NH-11 and that the respondents be directed to furnish details and complete information of the work of afforestation undertaken by the Respondents so far.
Vide our order of 16.04.2015 notices were ordered to be issued. Replies were submitted by the Respondents. 1 During the hearing on 26.08.2015, Learned Counsel appearing for the NHAI Shri Om S.Shrivastav submitted that while awarding the contract for construction and widening of the road, the NHAI has made it a condition for the concessionaire to ensure planting of certain number of trees as specified and for their protection and survival making it the responsibility of the concessionaire constructing the road. At the same time, it was also felt that cutting of trees should be the last resort and every effort should be made to ensure the survival of the tree which may be coming within the area of new construction of the road or its widening and the option of translocation of trees depending on their feasibility should also be taken into consideration. It was therefore felt that similar measures which have been adopted by the NHAI be also undertaken and incorporated in its contract granted by the State and its agencies. Efforts should also be made to identify the species of local varieties. One of the issues that came up during the hearing was that while utilising the CAMPA fund which are based upon the calculation of the net present value of the tress to be cut, many a times compensatory afforestation is not taken in the area where such trees were cut as a result of new construction of road or its widening or expansion but in different area. It was therefore emphasised that looking to the fact that trees in a particular area have been cut while carrying out the task of new construction or widening of the road effort should be made to plant trees by way of compensatory afforestation in the same area as far as possible. To this, it was submitted by the Counsel for the State that many a times land is not available along the highways and roads and as such the work of afforestation gets delayed and in order to avoid such 2 situation compensatory afforestation is carried out in different areas which require the afforestation to be carried out for improving of the existing forest. On 07.10.2015 when the matter came up for hearing, Learned Counsel for the State of Rajasthan submitted that the issues which have been discussed in the previous hearing and incorporated in our order of 26.08.2015 were taken note of by the State Government and that the State Government had issued an order on 01.10.2015 incorporating those proposals by way of directions and made it mandatory for executors of the road construction work like NHAI, PWD and other such agencies and had highlighted seven guidelines to be complied by such agencies / authorities namely :
1. Avenue plantation of trees on both sides of the road, preferably during the time when the work of construction and development of the road is going on will be carried out.
2. The provisions of cost of such avenue plantations will be provided in the project cost itself and will be got done by the concerned agencies seeking technical guidance of the Forest Department.
3. The plants to be planted should be of local variety which are sturdy and can withstand vagaries without too much of care and attention.
4. Plant size at the time of planting should be five feet and above.
5. The Forest Department on the timely request of the State Government Agency and NHAI will supply from its nurseries suitable plant seedlings on cost. 3
6. The concerned agencies shall furnish necessary protective measures including tree guards / fencing and maintenance cost for survival of planted seedlings.
7. The survival in avenue plantation should be 100% and regular monitoring mechanism should be ensured for this by the agencies.
We are of the view that in case all these guidelines which have been noticed and issued in the order dated 01.10.2015 are taken care of most of the issues which have been raised in this original application shall be addressed. The only issue that remains is for ensuring the implementation of the directions contained in the order dated 01.10.2015 issued by the State Government and its proper monitoring and ensuring the survival of the trees.
As far as our directions for resorting to translocation are concerned, today an affidavit has been filed by way of reply on behalf of the State wherein it has been submitted that in association with the AFRI, Jodhpur, the Forest Department of the State conducted experiments with regard to techniques and preparation for translocation of trees and the result so far is that in the Udaipur Region some broad leaf species up to 5 inch in girth and 10-15 feet in height were suitable for translocation. Learned Counsel for the State submitted that as regards the other varieties so far translocation has not proved to be successful.
We enquired from the Learned Counsel as to whether the State has acquired any special equipment for the aforesaid purpose. To the above answer of the Learned Counsel was in negative and therefore we are still of the view that the State needs to develop the said expertise in association with other 4 expert authorities and other States which have successfully carried out the translocation of trees and ensure their survival also. In this behalf specialised equipment which is necessary needs to be procured by the construction agencies particularly the highway authorities and the PWD and a special cell needs to be created under the Forest Department with proper expertise in the field so that they may guide and give proper inputs to the constructing agencies for the aforesaid purpose so that felling of trees, which should be the last resort, can be avoided. As regards the issue of regions where afforestation by way of compensatory forestation can be identified, the State in its reply today has submitted that the State so far has not developed fully the GIS mechanism and depends upon the IT Department of the State Government for the imageries, etc. In order that the Department of Forest has full time access to the data, we would direct that the State Forest Department develop a mechanism for either establishment of its own cell or procuring the data on a regular basis so that it may be studied and whatever action is required to be taken in that behalf can accordingly be taken by comparison of the previous data and noticing any change in the forest cover and identifying the reasons for the same and ensuring the afforestation of the said area. As regards the afforestation particularly along the highway, the guidelines framed for utilisation of CAMPA funds shall, as far as possible, be applied with regard to the ratio of number of trees to be planted per tree felled as also the variety species of the trees and measures for ensuring their survival and protection. 5
We still feel that while preparing a project for construction of new road or the expansion, the State Government must take into account the area needed for avenue plantation along the roads and highways as there can be no substitute for avenue plantation or by way of median plantation as is being carried along most of the high ways. With the aforesaid directions and direction contained in the order dated 01.10.2015 issued by the State Government needs to be complied with, we dispose of Original Application No. 27 of 2015."
2. The operative portion of the order relates to advisory opinion with regard to the plantation. We have gone through the guidelines/norms issued by the Ministry of Road Transport and Highways dated 26.06.2020 with regard to green-field and plantation. We direct the authorities to follow the guidelines issued by the Ministry of Road Transport and Highways.
3. The Execution Application No. 01/2020 is disposed of accordingly.
Sheo Kumar Singh, JM Arun Kumar Verma, EM October,06th 2021 E.A. No. 01/2020 in O.A. No. 27/2015(CZ) PU 6