The National Green Tribunal (NGT) has taken suo motu cognizance of the penalty imposed on the former Deputy Conservator of Forest of Madikeri division, Karnataka for authorising the illegal felling of nearly 800 trees in the K Nidugane village.
The petition is registered suo motu on the basis of the news item dated 30.08.2024.
As per the article, despite a show-cause notice and a charge sheet in November 2019, and an inquiry report in November 2023 upholding the charges, it did not adequately respond. On August 20, 2024, the government ordered a penalty, deducting 5% from his pension for two years.
The news item highlights that initially the Karnataka Housing Board had planned to build a residential complex, but activists alleged illegal diversion of forest land for a resort. Furthermore, the land in question was ‘Bane’ land. As all ‘Bane’ areas are statutory forests, use of the same for non-forest purposes requires clearance from the Union government.
The article alleges that despite clear directions, the former DCF allowed the felling of trees.
Moreover, it is alleged that the officer failed to object to the conversion of land for commercial purposes. He also failed to call for a joint survey of the area to determine the land’s status. The permission for felling was issued in a letter instead of the regular order.
The news item states that action taken by the authorities does not indicate- Afforestation measures if the said land (forest) has been encroached upon and further action taken.
The above matter indicated Bench violation of the provisions of the Forest Conservation Act, 1980 and the Environment Protection Act, 1986.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, the Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
i. Principal Chief Conservator of Forest, Karnataka .
ii. Ministry of Environment, Forest and Climate Change.
iii. District Magistrate, Kodagu.
The Bench issued notice to the Respondents.
Since the matter relates to the Southern Zonal Bench, Chennai, therefore, the Bench transferred the matter to the Southern Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 04.11.2024.
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