The National Green Tribunal directed the Uttarakhand Pollution Control Board (PCB) , District Magistrate and the Municipal Corporation to take action against illegal cutting of trees and planting trees with proper species and to ensure plantation at least 10 times of the trees which had fallen in the hands of violators.
The Principal Bench of Acting Chairperson Justice Sheo Kumar Singh, Justice Arun Kumar Tyagi, Dr. A. Senthil Vel heard an application raising grievance of unauthorized cutting of trees in forest area adjacent to Nainital city belonging to endangered species.
There is sewage water and solid waste in the storm water drain flowing into the Naini Lake and outlets of houses are discharging domestic sewage directly into the storm water drain, reckless vertical hill cutting causing massive slope exposure and exposure of roots of trees, which become vulnerable to fall anytime. This practice is seen almost every year in the region causing damage to the environment and landslides resulting due to exposure of roots in the process of vertical hill cutting and the entire patch of tree vegetation has dried up owing to constructions inside a forest area. There are more than 148 hotels running in the Nagar Palika Parishad, Nainital without any relevant authority from the State PCB and discharging their untreated water/sewage into the Naini Lake. The ill felling of trees by hotel owners to expand the area are adversely affecting the environment and ecology of the area , the applicant alleged.
The DFO, SDM and the Regional Officer attended the proceedings and no sufficient information has been given by the authorities concerned, while the action has not been taken against the violators of law for cutting the trees without any authority and while the penal action in addition to calculation and realization of environmental compensation has not been acted upon by the authorities concerned. The calculation of cost of trees by the DFO is too less and meagre and less than the cost of trees itself which may indirectly promote the cutting of the tree and to pay the penalty.
“The Regional Officer who is statutorily bound to act against the violators failed to exercise his duties sincerely, fairly and honestly and failed to control the illegal cutting of the trees and also failed to ensure the compliances of environmental rules by not taking any action for running of hotels without any Environmental Clearance and discharging their sewage water or untreated water into the lake or water body in violation of the Water (Prevention and Control of Pollution) Act, 1974. There are serious violations of environmental rules for which the authorities, statutorily bound to take action are responsible. Member Secretary, State PCB is directed to initiated disciplinary action against RO concerned for non-compliance of environment rules rather encouraging the violators. “
Accordingly, the Bench directed the Forest Department to take action for realization of cost of the trees not according to the value but according to the parameters to be punitive so that no one can dare to cut the tree and to initiate prosecution according to the rules.
Further action taken be filed by the authorities concerned before the Tribunal within three months. The action taken report shall include, preventing discharge of sewage into drains leading to Naini lake, collection, processing and disposal of solid waste and status be furnished in quantifiable terms and removing and preventing encroachments on drains and other places causing traffic congestion , the Court directed posting the matter on on 28.11.2023.