The Gauhati Court opines that the order that may be passed by the Ministry of Environment, Forests and Climate Change with regard to the grant of Forest clearance under the Namsai Reserved Forest for the purposes of construction ,may be placed before the Court on the next date fixed.
The Itanagar Bench of Justice Soumitra Saikia and Justice Kardak Ete heard a Public Interest Litigation (PIL) filed primary primary challenging the Land Possession Certificates issued to a number of persons under the Namsai Forest Division.
Pursuant to a representation filed by the PIL petitioner before the Competent Authority, there was a communication, dated 03.03.2023, by which, an enquiry was sought to be initiated against the grant of LPC’s.
It is the submission of the learned counsel for the PIL petitioner that since no consequential action has been taken place, therefore, the present PIL petition has been filed.
Ratan, Additional Advocate General raises the question of maintainability of the present PIL petition.
It is submitted that the PIL petitioner has no locus to question the issuance of aforesaid LPCs inasmuch as, he does not belong to the said area rather he projects himself to be a social activist and the antecedents of the PIL petitioner are also not known or disclosed.
He further submits that the issue has been settled and covered by an order, dated 28.07.2023 passed in original application by the National Green Tribunal, Eastern Zone Bench, Kolkata. He further submits that in view of specific directions issued by the Tribunal, the question which is raised herein are required to be examined by the Ministry of Environment, Forests and Climate Change. Any order that may be passed by the concerned Department pursuant to the order of the Green Tribunal has not been communicated to the State, as yet. He further submits that the affected parties who have been granted with the LPCs and which have been assailed in the present PIL petition hare also not arrayed as parties to these proceedings.
Deputy solicitor general of India submits that he has no instruction to any such order passed by the Ministry of Environment, Forests and Climate Change in terms of the directions issued by the Green Tribunal, Eastern Zone Bench, Kolkata by the order, dated 28.07.2023. He, therefore prays for time so as to enable him to complete his instructions and file the required affidavit, if so advised.
Having heard the learned counsel for the parties and upon careful perusal of the pleadings on record as well as the order, dated 28.07.2023 passed by the National Green Tribunal, Eastern Zone Bench, Kolkata, the Bench noted that the issue before the Green Tribunal was with regard to the grant of Forest clearance under the Namsai Reserved Forest for the purposes of construction.
The Tribunal after hearing the parties passed the following orders:-
“11. However, we are of the view that the matter regarding de-reservation of forest area lies exclusively within the domain of the Central Government in lieu of the provisions of Section 2 of the Forest (Conservation ) Act, 1980
12. We may also put on record that despite time being granted repeatedly, no counteraffidavit has been filed by the Respondent N0. 1, Ministry of Environment, Forests and Climate Change, nor has it been pointed out to us whether Forest Clearance has been granted for the various constructions made in the Reserved Forest Area.
13. We, accordingly dispose of this Original Application with a direction to the Respondent No. 1, Ministry of Environment, Forests and Climate Change, to take a decision in accordance with law, within a period two months regarding the proposal for grant of Forest Clearance stated to have been submitted before it which is pending before the Inspector General of Forests ( C ), MoEF&CC submitted under Government of Arunachal Pradesh, Department of Environment and Forest letter dated 27.12.2021, Annexure-R-23 (page no.367) of the paper book. This letter indicates that in lieu of the area of 19.52 hectares for diversion, Compensatory Afforestation has been proposed in the Namsai Forest Range at location – Tengapani Reserve Forest, area of 39.04 hectares. The Respondent No.1 shall also consider the matter with regard to dereservation of any additional are which may have been taken up for construction, in accordance with law ensuring in the process adequate compensatory afforestation”.
In view of the specific directions passed by the Green Tribunal, the Court is of the considered opinion that the order that may be passed by the Ministry of Environment, Forests and Climate Change may be placed before this Court on the next date fixed. Matter will be listed again on 12.02.2024.