NGT summons Uttarakhand officials for ‘lack of sincerity’ in illegal felling of trees in Nainital

By Ncr Ink On Jul 31, 2024

Responding to a petition filed before the green panel by a Nainital resident regarding illegal felling of trees in adjacent area of Uttarakhand’s Lake town Nainital, the NGT has summoned state’s concerned officials for showing ‘lack of sincerity’ in this case.

Dehradun: The National Green Tribunal (NGT) has summoned the personal presence of Uttarakhand’s Principal Secretary of the Environment and Forest Department, Member Secretary of the Uttarakhand Pollution Control Board and Divisional Commissioner on 16 August for “lack of sincerity” in connection with illegal felling of trees in area adjacent to Nainital.

It is surprising that illegal felling of trees is continued in the green state

In an order issued on 19 July, the green panel expressed its concern over illegal tree felling in the green state like Uttarakhand. A bench presided over by judicial member Justice Sudhir Agarwal and expert member Afroz Ahmed said that it is really “surprising” that in state of Uttarakhand which is largely a green state having large area of forest and green cover and threat such kind of activity like illegal cutting of trees is going on, that too, in Nainital city which is a historical and tourist place.”

No response from the respondent

In the order, the panel said, “Number of orders have been passed by the Tribunal from time to time. Responses/reports have also been received from respondents (authorities) but, we find that no categorical response has been filed by respondent authority Anjali Rajput, advocate for state of Uttarakhand/ Kaushal Gautam and Snehpreet Kaur, advocated for Uttarakhand pollution control board (UKPCB)- showing any stringent action taken in the matter with regard to illegal cutting of trees in the concerned area.”

UKPCB miserably failed to take any action

The bench also said in its order that Uttarakhand Pollution Control Board has also miserably failed to take any action whatsoever for the damage caused to the environment due to the illegal cutting of trees. The panel also mentioned the recent reply filed by DFO, Nainital, “Given some instances where petty amount has been collected for illegal cutting of trees from some individuals but no stringent action has been taken which was observed by this Tribunal in the order dated 22.08.2023 wherein Forest Department was directed 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 trees and to initiate prosecution according to the rules. In the light of the above order, nothing has been done.”

Divisional Forest Officer was also summoned for negligence and dereliction of duties

The NGT in its order stated that Divisional Forest Officer, for negligence and dereliction of duties, was directed to appear personally by order dated 28.11.2023 but he sought exemption on 20.02.2024 on the ground that he has to attend training at Guwahati and today also he has not appeared. “In these facts and circumstances and also considering the lack of sincerity on the part of officers concerned, we have no option but to direct Principal Secretary, Environment and Forest, Uttarakhand as also Member Secretary, Uttarakhand Pollution Control Board and Divisional Commissioner, Nainital to remain present in person on the next date on 16 August” the green panel said.

A Nainital resident files a letter petition against tree felling

The NGT, exercising its suo-motu jurisdiction, registered an original application by a Nainital resident Vivek Verma under the National Green Tribunal Act, 2010 after the issue of illegal cutting of trees in the area adjacent to Nainital City, particularly, Naini Lake was raised through a letter petition in April 2022. Afterwards, the tribunal noted that no reply has been filed by the state of Uttarakhand, though it was granted two months’ time to file a response.

These illegal acts were grossly detrimental and deleterious to the fragile ecology

Advocate Akash Vashishtha, acting as amicus curiae in his report, inter alia, submitted before the NGT said that during a visit, the undersigned noticed a number of acts that were grossly detrimental and deleterious to the fragile ecology, environment and biodiversity of this important lake town and were in complete non-compliance of various laws, rules and regulations. Besides, a meagre fine has been collected for illegal cutting of trees from some individuals but no stringent action has been taken. The matter is next listed on August 16.

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