The National Green Tribunal’s Western Zone Bench in Pune has taken up a case involving the unauthorised felling of 800 trees in Mulshi Taluka, Pune district.
The Forest Department had imposed a fine of Rs 8 lakh on the developer responsible for the illegal felling.
During the hearing on September 24, 2024, the counsel for the Principal Chief Conservator of Forests (PCCF), Maharashtra, sought four weeks to file a reply affidavit, which was granted by the NGT.
The response from the Chief Wildlife Warden, Maharashtra, stated that the land in question is privately owned and does not fall under the ‘Private Forest’ category of the Maharashtra Private Forests (Acquisition) Act, 1975.
The Forest Conservation Act’s provisions do not apply to plantations on private lands, except notified private forests. However, tree felling in these private plantations is governed by state acts, rules, and regulations. The developer was held accountable for ensuring compliance with environmental laws and obtaining necessary permissions before cutting trees. The Forest Department imposed the fine under the Tree Officer’s powers.
The Western Bench of Justice Dinesh Kumar Singh and Dr. Vijay Kulkarni noted that the Chief Wildlife Warden does not have a role in this matter, and the PCCF’s reply affidavit is crucial for determining whether compensatory afforestation is required.
The District Collector’s counsel stated that no reply is required from their end.
The next hearing is scheduled for November 28, 2024.