The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the protests brewing in Kerala over the recent decision of the state forest department to allow planting of eucalyptus trees in the reserve forest areas of the state.
The Petition is registered suo-moto on the basis of the news item dated 20.05.2024.
As per the article, the state forest department gave nod to state public sector undertaking Kerala Forest Development Corporation (KFDC) to plant saplings of eucalyptus in its forest plantations.
It states that the decision of the state government goes against earlier decisions of the state and the center against planting such exotic species of trees in the forest owing to the threat to natural ecology of the forests as they are highly water consuming. Destruction of the natural ecology of the forest owing to various factors like exotic trees is also considered to be key reasons for the aggravating man-animal conflict.
The above matter indicated Bench violation of the Forest (Conservation) Act, 1980 and the provisions of 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, Kerala.
(ii) Ministry of Environment, Forest & Climate Change.
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 17.09.2024.