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Synopsis

The National Green Tribunal has directed the Ministry of Environment and Forest (MOEF) to file an action taken report in the suo moto case registered by the NGT with respect to 6,000 trees that were illegally cut for the tiger safari project in Corbett Reserve.

“Accordingly, we direct the Secretary, MoEF&CC to file his action taken report in the matter before the next date. The Secretary, Forest, Uttarakhand may also appear on the next date in person or through Video Conferencing to enable the Tribunal to pass further orders,” the order passed by NGT stated.

A coram comprising of Justice Adarsh Kumar Goel, Justice Sudhir Agarwal, and Dr. A Senthil Vel had taken suo moto cognizance of a news item published in the newspaper 'The Hindu' dated 02.10.2022 titled “Over 6,000 trees illegally cut for tiger safari project in Corbett Reserve, says FSI report”.

After taking suo moto cognizance, the NGT had directed the Forest Survey of India (FSI) to assess the status of illegally felled trees. The FSI in its report titled “Illegal felling of trees for the establishment of Pakhrau Tiger Safari, Uttarakhand” submitted before the NGT that there was illegality in the cutting of trees.

The tribunal, to ascertain further facts, had constituted a three-member committee comprising DG, Forest Department, ADG, Wildlife Department, and ADG, Project Tiger. The tribunal had also directed that MOEF may file an action taken report.

The three-member committee filed its report but the MOEF did not file any action taken report. In its report, the three-member committee stated that there was a violation of the Indian Forest Act, of 1927, the Forest Conservation Act of 1980, and the conditions described in the FCA Stage-I Approval.

The Principal Secretary, Forest Department, Uttarakhand in its letter informed the tribunal that the committee should have been confined to illegalities in cutting trees and should not have gone into any other issue. The letter further stated that there was no violation of the Forest (Conservation) Act, 1980 in the construction of Tiger Enclosures and the interpretation centre. Further, it said that such work is ancillary to the development of forests in terms of the Handbook of Forest (Conservation) Act, 1980, and Forest (Conservation) Rules, 2003 (Guidelines and Clarifications). Therefore, such activities do not require the approval of the Government of India, the letter said.

However, the tribunal prima facie did not agree with the letter of the Principal Secretary, Forest Department, Uttarakhand, and opined that,

“We have considered the matter. While the Committee report holds that not only cutting of trees was illegal but the process of restoration requires the construction made without approval of Central Government to be removed, the Principal Secretary, Uttarakhand has submitted that constructions do not require approval of the Central Government. Prima facie, it appears to be difficult to accept the stand of the Principal Secretary, Uttarakhand. However, we find that in terms of order dated 21.10.2022, MoEF&CC has to finalize its own perception in the matter and to file a report which has not been done” .

In re : news item published in the Newspaper The Hindu dated 02.10.2022 titled “Over 6,000 trees illegally cut for tiger safari project in Corbett Reserve, says FSI report”