1. Introduction

The case of Shiva Mission Trust v. State of Madhya Pradesh was adjudicated by the National Green Tribunal (Central Zone Bench, Bhopal) on July 27, 2022. This case revolves around the environmental concerns arising from the State Government's decision to repurpose land initially allocated for afforestation by the Shiva Mission Trust for the construction of a statue and museum dedicated to Achaarya Shankaracharya.

The Trust, a non-governmental organization, had been granted 1.00 hectare of land under conditions prohibiting any activity other than plantation and horticulture. However, the Trust expanded its activities by establishing temporary shelters and constructing various facilities without prior permits, leading to deforestation and ecological disturbances. The State's subsequent actions to initiate additional construction projects led the Trust to file an application seeking cessation of unauthorized tree felling and demanding compensatory plantation.

2. Summary of the Judgment

The National Green Tribunal examined the merits of the case, focusing on the legality of tree felling without proper permits and the environmental impact of the proposed construction projects. After a comprehensive review, including site inspections and evaluation of environmental clearances, the Tribunal concluded that the State Government had adhered to the necessary legal frameworks. It was determined that the State had obtained appropriate permissions for tree cutting and had committed to compensatory plantation exceeding the number of trees felled. Consequently, the Tribunal dismissed the Trust's application, upholding the State's actions as compliant with environmental laws.

3. Analysis

3.1 Precedents Cited

The judgment primarily referenced statutory provisions rather than prior case law. Key legislations considered include:

• M.P. Vrikshon Ka Parirakshan (Nagariya Kshetra) Adhiniyam, 2001: This act governs the protection of trees in urban areas, outlining procedures for permits and restrictions on tree felling.
• Environmental Impact Assessment (EIA) Notification, 2006: Mandates environmental clearances for construction projects to assess and mitigate ecological impacts.

These statutes provided the legal backbone for assessing the legitimacy of the State's actions and the Trust's grievances.

3.2 Legal Reasoning

The Tribunal's legal reasoning centered on the following points:

• Compliance with Permits: The State had secured necessary permissions for tree felling from the Sub Divisional Officer, aligning with the requirements of the M.P. Vrikshon Ka Parirakshan Act.
• Compensatory Plantation: A significant compensatory plantation plan was in place, proposing the planting of 37,225 trees to offset the 2,994 trees cut, thereby ensuring a net increase in green cover.
• Environmental Clearance: The project had obtained Environmental Clearance from the Ministry of Environment, Forest & Climate Change, fulfilling the EIA Notification's mandates.
• Mitigation Measures: Measures such as dust suppression through water sprinkling and installation of a sewage treatment plant were stipulated to minimize environmental disruption.

The Tribunal found that these measures collectively addressed the environmental concerns raised by the Trust, deeming the State's actions as legally sound and environmentally responsible.

3.3 Impact

This judgment underscores the importance of adhering to environmental regulations while balancing developmental needs. By enforcing stringent compensatory measures, the Tribunal sets a precedent that any environmental degradation caused by authorized activities must be adequately offset. Future cases involving land use and environmental impact will reference this judgment to ensure that compensatory actions are not only compliant but also effective in preserving ecological integrity.

4. Complex Concepts Simplified

4.1 Environmental Clearance (EC)

Environmental Clearance is a permit granted by the relevant authorities, in this case, the Ministry of Environment, Forest & Climate Change, after an Environmental Impact Assessment (EIA). It ensures that the proposed project complies with environmental regulations and outlines mitigation strategies to minimize ecological harm.

4.2 M.P. Vrikshon Ka Parirakshan (Nagariya Kshetra) Adhiniyam, 2001

This act is specific to the state of Madhya Pradesh and focuses on the protection of trees within urban and semi-urban areas. It regulates tree felling, requires permits for removal, and aims to maintain urban green cover for ecological balance.

4.3 Compensatory Afforestation

Compensatory Afforestation refers to the process of planting new trees to compensate for the loss of forest cover due to developmental activities. It ensures that the total green cover is maintained or enhanced despite the felling of existing trees.

5. Conclusion

The Shiva Mission Trust v. State of Madhya Pradesh judgment reinforces the legal framework governing environmental conservation in the face of developmental projects. By mandating enhanced compensatory afforestation and ensuring strict adherence to environmental clearances, the Tribunal has emphasized a balanced approach that accommodates growth while safeguarding ecological integrity. This decision serves as a pivotal reference for future cases, highlighting the judiciary's role in enforcing environmental laws and promoting sustainable development practices.