The National Green Tribunal (NGT) has imposed a cost of Rs 1 upon the Surveyor General, Survey of India for not complying with the directions of the Tribunal.
The Principal Bench of Justice Prakash Shrivastava, Justice Sudhir Agarwal, Justice Arun Kumar Tyagi and Dr A. Senthil Vel examining the issue wherein admittedly at least 30,000 trees are to be cut out of which 17,450 trees have been cut in the course of construction of the 111-km Kawar Marg from Muradnagar to Purkaji near Uttarakhand border.
The directions were earlier issued to the Surveyor General, Survey of India on 08.07.2024 and 25.07.2024 to file satellite images of the stretch under consideration showing the extent of trees that have been cut on both sides of the canal but those directions were not complied with by the Surveyor General, Survey of India.
Hence the Tribunal in previous proceedings had impleaded The Surveyor General, Survey of India as Respondent No. 13 and had issued notice with the following further direction:
“4. Let notice be issued to the above newly added responded, i.e., Surveyor General of Survey of India. The Surveyor General of Survey of India is directed to remain present virtually before the Tribunal on the next date of hearing explaining the reason for noncompliance of the order and also to apprise us with the satellite image of the stretch in question.”
Neither the response has been filed by the Surveyor General, Survey of India, nor he is virtually present today in compliance with the above order. The NGT has also not received any application from the Surveyor General, Survey of India seeking exemption from virtual presence.
“The above repeated directions of the Tribunal have not been complied with by Surveyor General. Thus we impose the cost of Rs 1 upon the Surveyor General, Survey of India for such conduct. Though we were prompted to take strict action against him, at this stage we have restrained ourselves expecting that a high officer like Surveyor General, Survey of India will have some regard to the orders of the Courts and Tribunals,” the order reads.
The Tribunal vide order dated 09.08.2024 had also constituted a Joint Committee to ascertain the correct position.
The Report of the Joint Committee is still awaited by the NGT. There is no written request even by the Joint Committee seeking any extension or expressing any difficulty in filing the report.
ASG appearing for the State has informed that on account of ongoing rains, the work of construction of the Kawar Road has been suspended. He has also stated that no felling of the trees will take place till the next date of the hearing. His request to give a short date in the matter is allowed, the matter is listed on 04.10.2024 for further hearing.
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