The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to indiscriminate cutting of green trees and plants on the land of the Reserve Forest and forcefully occupying it for illegal cultivation of crops in Kotba, Jashpurnagar in Chhattisgarh.
The petition is registered suo-motu on the basis of the news item dated 28.07.2024.
As per the article, despite complaining to the higher authorities for three years on the said land, no action has been taken yet.
The news item alleges that the forest rights lease has been made illegally by the villagers of Gram Panchayat Jhimki in RF number 982. Despite that, they are doing farming by breaking the plantation done in the RF number 984 forest of Gram Panchayat Maheshpur and the government dam built for wild animals.
Furthermore, the article claims that in the year 1992-93, a dam was constructed on the said land for drinking water for wild animals along with plantation of teak trees from government funds. Despite that, villagers of Gram Panchayat Jhimki have illegally occupied the land by cutting down forests in other Panchayats by claiming forest rights lease and revenue land.
The above matter indicated Bench violation 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, 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, Chhattisgarh Principal Chief Conservator of Forests (HoFF).
ii. Ministry of Environment and Forest.
iii. District Magistrate, Jashpur .
The Bench issued notice to the Respondents.
Since the matter relates to the Central Zonal Bench, Bhopal, therefore, the Bench transferred the matter to the Central Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Central Zonal Bench and the matter is listed on 30.09.2024.