The National Green Tribunal has observed that Himachal Pradesh Pollution Control Board is now required to give an opportunity of hearing to the private respondents and ascertain the extent of damage to the environment, if any, by them and also to take action for Imposition of environmental compensaftions/punitive action and steps for restoration, in accordance with law.
The Principal Bench of Justice Prakash Shrivastava , Justice Sudhir Agarwal and Dr. A Senthil Vel disposed of a Application registered suo moto on the issue relates to the activities of cutting of hills and felling of trees which could result in a landslide in the area concerned in HP.
Tribunal by order dated 18.08.2023 had formed a joint committee and had directed the committee to visit the site and file an action taken report.
Report dated 20.09.2023 has been filed by the joint committed finding cutting of certain trees. The report also contains a report of Patwari stating that such cutting/site development may result in disaster. Report also records that though the land is private in nature but the possible nuisance as a result of development in question in the opinion of the Sub-divisional Magistrate, Palampur was public in nature.
Reply on behalf of Himachal Pradesh, Pollution Control Board (HP PCB) has been filed mentioning that during the joint inspection some excavation work and construction activities were observed on the site in question relating to land development activities, construction of road, boundary wall and retaining wall on the private land of the owner. Excavated materials/muck has been used in the cut and fill method for plot development at site.
Private respondents have filed their replies and the stand of Counsel for private respondents is that no loss has been caused by these private respondents.
Hence, the NGT disposed of the application with a direction to the Member Secretary, HP PCB to do the needful in terms of the above observations and submit the action taken report before the Registrar General of the Tribunal within three months.