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Synopsis

Underscoring the urgent need for stringent measures to protect Nainital's environment and hold accountable those responsible for its degradation, the National Green Tribunal (NGT) has summoned top officials from Uttarakhand in response to the illegal cutting of trees in Nainital, citing failure to take action in addressing the issue.

The NGT initiated suo-motu proceedings under the National Green Tribunal Act, 2010, following a letter petition in April 2022 that raised concerns about deforestation near Nainital City, particularly around Naini Lake.  Amicus curiae Akash Vashishtha reported that only minimal fines had been imposed on individuals for illegal tree cutting, with no substantial actions taken.

Presiding over the bench, Justice Sudhir Agarwal alongside expert member Dr. Afroz Ahmad, expressed surprise and concern over the ongoing illegal deforestation in Nainital. The bench highlighted that despite multiple orders and responses from authorities, no categorical actions have been taken to curb the illegal activities.“Number of orders have been passed by the Tribunal from time to time. Responses/reports have also been received from respondents, but, we find that no categorical response has been filed by respondent authority showing an stringent action taken in the matter with regard to illegal cutting of trees in the concerned area,” the bench stated.

The bench further criticised the Forest Department, the report of which indicated only minor fines imposed for tree cutting, failing to reflect the stringent measures the Tribunal had earlier mandated.The Uttarakhand Pollution Control Board (UKPCB) was also rebuked for its failure to address the environmental damage caused by the illegal tree cutting, stating that UKPCB “has also miserably failed to take any action whatsoever for the damage caused to the environment due to illegal cutting of trees.”

The Tribunal's frustration was further compounded by the repeated failure of the Divisional Forest Officer to appear in court as ordered. The officer’s absence and the filing of inadequate responses have prompted the Tribunal to demand the presence of Uttarakhand’s top environmental officials at the next hearing.

“The ongoing illegal tree cutting, particularly in a historically and ecologically significant area like Nainital, is alarming,” stated the Tribunal. “We find it unacceptable that despite the importance of this matter, senior officials have not taken adequate measures.”

In response to the lack of action, the Tribunal directed high-ranking officials, including the Principal Secretary, Environment and Forest, and the Member Secretary of the Uttarakhand Pollution Control Board, to appear in person on the next hearing date, which is set for August 16, 2024.

 

Cause Title: Vivek Verma Vs State of Uttarakhand & Ors. [Original Application No. 518/2022]