National Green Tribunal takes suo motu cognizance of illegal felling of 800 trees in Karnataka – India Legal

The Nationwide Inexperienced Tribunal (NGT) has taken suo motu cognizance of the penalty imposed on the previous Deputy Conservator of Forest of Madikeri division, Karnataka for authorising the unlawful felling of almost 800 timber within the Ok Nidugane village.

The petition is registered suo motu on the idea of the information merchandise dated 30.08.2024.

As per the article, regardless of a show-cause discover and a cost sheet in November 2019, and an inquiry report in November 2023 upholding the costs, it didn’t adequately reply. On August 20, 2024, the federal government ordered a penalty, deducting 5% from his pension for 2 years. 

The information merchandise highlights that originally the Karnataka Housing Board had deliberate to construct a residential complicated, however activists alleged unlawful diversion of forest land for a resort. Moreover, the land in query was ‘Bane’ land. As all ‘Bane’ areas are statutory forests, use of the identical for non-forest functions requires clearance from the Union authorities. 

The article alleges that regardless of clear instructions, the previous DCF allowed the felling of timber. 

Furthermore, it’s alleged that the officer didn’t object to the conversion of land for business functions. He additionally didn’t name for a joint survey of the realm to find out the land’s standing. The permission for felling was issued in a letter as an alternative of the common order.

The information merchandise states that motion taken by the authorities doesn’t indicate- Afforestation measures if the mentioned land (forest) has been encroached upon and additional motion taken.   

The above matter indicated Bench violation of the provisions of the Forest Conservation Act, 1980 and the Atmosphere Safety Act, 1986.   

The information merchandise raises substantial problem referring to compliance of the environmental norms and implementation of the provisions of scheduled enactment.   

“Energy of the Tribunal to take up the matter in suo-motu train of energy has been acknowledged by the Hon’ble Supreme Courtroom within the matter of “Municipal Company of Higher Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC On-line SC 897.”

Therefore, the Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the next as respondents within the matter:

i. Principal Chief Conservator of Forest, Karnataka .

ii. Ministry of Atmosphere, Forest and Local weather Change.

iii. District Justice of the Peace, Kodagu.

The Bench issued discover to the Respondents.

For the reason that matter pertains to the Southern Zonal Bench, Chennai,  due to this fact, the Bench transferred the matter to the  Southern Zonal Bench  for acceptable additional motion.Workplace is directed by the NGT to switch the unique document to the  Southern Zonal Bench and the matter is listed on 04.11.2024.