National Green Tribunal
Rajender Kumar Bishnoi vs State Of Rajasthan on 10 January, 2023
Item No. 09 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 843/2022
Rajender Kumar Bishnoi Applicant
Versus
State of Rajasthan Respondent
Date of hearing: 10.01.2023
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Application is registered based on a complaint received by e-mail
ORDER
1. This original application under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act, 2010') has been registered on a letter petition dated 22.06.2022 received from Rajender Kumar Bishnoi, State President, Akhil Bhartiya Jeev Raksha Bishnoi Sabha, Delhi State 39/H33, Sector 3, Rohini, Delhi.
2. It is said that Khejri is a State tree of Rajasthan whereon Chinkara (Indian Gazelle), a state animal of Rajasthan is also dependent. These trees easily grow in desert area and provide greenery helping improvement of environment. However, solar companies being developed in Rajasthan are causing illegal cutting of said trees in thousands of numbers and for cutting of trees, no permission from concerned authorities have been 1 obtained. It is said that such illegal felling of trees is going on in Badi Sidh, Bap, Phalodi, Jodhpur, State of Rajasthan.
3. We find that a similar complaint was taken cognizance suo moto by this Tribunal in Original Application No. 504/2022, In re: News item published in The Hindu dated 11.07.2022 titled "Villagers' stir against solar plants protects khejri trees" wherein, by order dated 18.07.2022, Tribunal constituted a joint committee comprising of District Magistrate, Jodhpur, Rajasthan State PCB and PCCF (HoFF), Rajasthan who submitted their report dated 11.10.2022 wherein, chopping down of 250 trees was admitted. The authorities imposed penalty of Rs. 100 per tree which this Tribunal found to be very meagre amount. Tribunal, vide order dated 19.10.2022 directed the proponents who were found guilty of cutting of trees to plant atleast 10 times of trees in adjoining area to the satisfaction of Forest Department and in default to deposit a sum of Rs. 2 lakhs besides levying fine compensation of Rs. 1 lakh on the pattern of net present value of environmental services foregone forever. The order dated 19.10.2022 is reproduced below:-
"
1. The matter has been taken up in the light of captioned media report to the effect that solar plant proposed at Badi Sid region, Tehsil Phalodi, Jodhpur District, Rajasthan will result in illegal chopping of thousands of trees without adequate afforestation measures and requisite clearance taken from the Forest Department.
2. Vide order dated 18.07.2022, the Tribunal sought a factual and action taken report from a joint Committee of District Magistrate, Jodhpur, Rajasthan State PCB and PCCF (HoFF), Rajasthan. Accordingly, report dated 11.10.2022 has been filed by the State PCB acknowledging chopping down of 250 trees and stating that penalty can be imposed at the rate of Rs. 100 per tree as per provision Rajasthan Tenancy Act, 1955. Relevant extracts from the report are as follows:-
"OBSERVATIONS DURING THE VISIT ▪ The above alleged site belongs to M/s AMP Energy Green Four Pvt. Ltd for the purpose of establishment of photo- voltaic(PV) based solar power plant.2
▪ About 3200 bigha land has been taken on lease by the unit. The land has been taken by M/s AMP Energy Green Four Pvt. Ltd has been taken on lease from individual khatedaars. ▪ The details of lease holders as provided by Patwari, Baap is enclosed as Annexure-II. As per the available records, the land was not converted for industrial purpose/ establishment of solar power plant. As per norms, land conversion is not required for the establishment of Green/ White category of industries.
▪ The alleged site was inspected in the presence of Sh. Jeetender Meena, Patwari-Tehsil- Baap.
▪ The latitude and longitude of the unit are:- 27.50733034N and 72.4319233E.
▪ The photographs taken during the visit are enclosed at Annexure-III.
▪ During inspection, no work was going on at the site. Boundary wall was found across all the sides of the proposed site. ▪ During inspection, no representative of M/s AMP Energy Green Four Pvt. Ltd was present on site.
▪ No khejri trees were observed on site.
▪ As per the report provided by the office of the Tehsildaar, about 250 nos of Khejri trees were chopped down, without permission from any competent authorities. The chopped trees were then buried inside the same land premises. ▪ As Khejri(Scientific Name- Prosopis Cineraria) is the State tree of Rajasthan, hence sentiments of the nearby villagers got hurt upon its chopping and agitation aroused.
▪ As per the report dated 13/06/2022 of Tehsildaar Baap, the site was inspected by the Tehsildaar and Patwari Baap on 13/06/2022 and the chopped down Khejri trees buried inside the plant premises were confiscated by them in the presence of then complainant- Sh. Kuldeep Vishnoi and other villagers and then handed over to the Village Development Officer, Gram Panchayat- Badi Seed. The copy of the report is enclosed as Annexure-IV.
▪ The confiscated 250 nos of Khejri trees have been handed over to the Police Department on 21/09/2022. Copy of the team constituted for handing over to Police Department is enclosed as Annexure-V. ▪ As per the report at Annexure-IV, the individual khatedars as per Annexure-II were found guilty under section 83 and 84 of the Rajasthan Tenancy Act, 1955 and action against them has been proposed/ initiated. The matter is pending at SDM Court, Baap.
▪ As per the Rajasthan Tenancy Act, 1955, there is a provision of penalty imposition of upto Rs.100/- per tree cutting upon the culprits for illegal cutting of trees for first offence. And upon second offence, the penalty provision may be increased upto Rs.200/- per tree cutting.3
COMPLIANCE OF OTHER STATUTORY REGULATIONS • As per the Office Memorandum of Ministry of Environment, Forest and Climate Change (MoEF&CC), New Delhi dated 30/06/2011, solar power plants were exempted from the ambit of Environmental Impact Assessment Notification dated 14/09/2006. Further, as per O.M dated 07/07/2017 and 14/08/2017 of (MoEF&CC) the same was affirmed. (Copy enclosed as Annexure-VI).
• As per the RSPCB's categorization dated 31/05/2016, solar power plants fall under the White Category of industries and does not require Consent to Establish/ Consent to Operate from the State Board. Copy of categorization order dated 31/05/2016 is enclosed as Annexure-VII. As a "White category" industry, the industry needs to intimate the operational status to the State Board only.
• As per the available records of the State Pollution Control Board, Jodhpur, the industry under reference has not intimated the State Board for its establishment.
• As the alleged land does not falls under the "Forest land", hence the provisions of the Rajasthan Forest Act, 1953 are not applicable, as this land is khatedari land and non- forest land.
RECOMMENDATIONS During the site visit carried out by the Joint team, no on-going construction work and khejri trees were observed on site. The committee recommends the following: -
a) The penalty provisions as laid down in the Rajasthan Tenancy Act, 1955 must be reviewed. The amount of penalty is too less with respect to today's scenario.
b) Instead of cutting of trees, process of translocation of trees may be promoted for green field projects and other activities.
c) As per the Office Memorandum of MoEF&CC, New Delhi dated 14/08/2022, wherein it has been mentioned that the solar photovoltaic cells based solar power plants shall be covered under the Hazardous and Other Waste (Management & Transboundary Movement) Rules, 2016, therefore, CPCB should review the category of solar power plants. The solar power plants should be covered under the ambit of orange category of industries.
d) An afforestation policy should be framed wherein guidelines be formulated for afforestation in lieu of tree cutting."4
3. We have considered the report and find no reason not to accept the same. While other recommendations may be considered by the State of Rajasthan (with regard to amendment of penalty quantum) and by CPCB (with regard to category of industry and laying down stricter environmental norms for compliance), in exercise of our jurisdiction under section 15 of the NGT Act, the PP - M/s AMP Energy Green Four Pvt. Ltd. needs to be made accountable for illegal cutting of trees. It may plant atleast 10 times the trees in the adjoining area to the satisfaction of the Forest Department, in default deposit a sum of Rs. 2 lacs with the said department to be used for afforestation. It is further held liable to pay compensation of Rs. 1 lakh on the pattern of net present value of environmental services foregone forever, to be deposited with the District Magistrate, Jodhpur within one month to be spent for restoration of environment as per District Environment Plan of the District. In default, the District Magistrate, Jodhpur may recover the amount by coercive means.
4. Though the PP had opportunity to present its case, we grant further opportunity to PP if it has any objection to deposit of above amounts. It may, at its option, move this Tribunal for variation of this order within one month.
5. CPCB may take decision on the recommendations within one month.
The application is disposed of.
A copy of this order be forwarded to the CPCB, District Magistrate, Jodhpur, State PCB and Divisional Forest Officer, Jodhpur by e-mail for compliance. The said authorities may inform the PP by email."
4. In the present case, description of any proponent has not been given and it is vaguely said that solar industries are causing such illegal cutting of trees. In respect to some of the proponents who were found guilty of cutting of trees illegally, order has already been passed. Hence, we leave it open to District Magistrate, Jodhpur, State PCB and District Forest Officer, Jodhpur to look into the matter and if finds that any other proponent has caused cutting of trees illegally, in terms of order dated 19.10.2022 passed in O.A No. 504/2022, further action shall be taken against such proponents.
5. With the above direction, application is disposed of. 5
6. A copy of this order along with copy of the complaint be forwarded to District Magistrate, Jodhpur, State PCB and District Forest Officer, Jodhpur by email for compliance.
Sudhir Agarwal, JM Prof. A. Senthil Vel, EM January 10, 2023 Original Application No. 843/2022 AB 6