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Case Number
Disposition

allowed

Judges
  • Mr. Justice Sheo Kumar Singh
  • Dr. Arun Kumar Verma
Acts
  • Section 6 of the M.P. Vrikshon Ka Parirakshan (Nagariya Kshetra) Adhiniyam 2001.
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition

allowed

Judges
  • Mr. Justice Sheo Kumar Singh
  • Dr. Arun Kumar Verma
Acts
  • Section 6 of the M.P. Vrikshon Ka Parirakshan (Nagariya Kshetra) Adhiniyam 2001.
See more information ...
Smart Summary

Concise Analytical Summary of the National Green Tribunal Order

Factual and Procedural Background

This summary is based exclusively on the text of the National Green Tribunal (Central Zone Bench, Bhopal) order dated 27 July 2022 in Original Application No. 31/2022 (CZ), Shiva Mission Trust v. State of Madhya Pradesh & Ors.

The applicant, Shiva Mission Trust, had been allotted 1.00 hectare in Khasra No. 7/1 for afforestation and garden development; the Trust planted many trees and had small constructions such as a temporary guard shelter, a residence used by an ascetic since 2008, and a cowshed maintained by a Pujari. The Cultural Department of the State and a respondent trust (Acharya Shankar Sanskriti Ekta Nyas / Nyas) planned construction of a 108 ft. statue and a museum on Mandhata Island (land of 11.56 ha, which included the 1.00 ha previously allotted to Shiva Mission Trust). The applicant filed the original application seeking to stop felling and cutting of trees and prayed for a direction to plant ten times the number of trees destroyed.

The Tribunal constituted a joint committee (including the Deputy Forest Officer, Khandwa, and a representative of the State Pollution Control Board) to submit a factual and action-taken report. The committee visited the site and produced a detailed report covering land allotment history, tree-counting and permissions, ongoing construction activities (bridge, approach road, excavation), the numbers of trees felled and proposed to be felled, proposed compensatory plantation measures, status of environmental clearances, and other mitigation measures. The Tribunal then considered the report and other records, including prior administrative orders and the fact that an Environmental Clearance and central approval had been obtained.

Legal Issues Presented

  1. Whether the felling of trees and associated hill-cutting, excavation and terraforming in connection with construction of an approach road, a 108 ft. statue and a museum on Mandhata Island were being carried out without compliance with applicable environmental protection laws (including the M.P. Vrikshon Ka Parirakshan (Nagariya Kshetra) Adhiniyam, 2001) and whether such activity required intervention by the Tribunal.
  2. Whether the Tribunal should grant the relief sought by the applicant to stop cutting/felling of trees and direct replantation at a rate of ten times the number of trees destroyed.
  3. Whether the project authorities had obtained the requisite environmental clearances and were taking adequate mitigation and compensatory measures (plantation, sewage treatment, dust suppression) so as to negate the need for further judicial intervention.

Arguments of the Parties

Applicant's Arguments

  • The applicant alleged haphazard felling of trees on the hillock and the approach area, done without prior permits from the Tree Officer as required under Section 6 of the M.P. Vrikshon Ka Parirakshan (Nagariya Kshetra) Adhiniyam, 2001.
  • The applicant contended that the State's road construction activity involved indiscriminate terraforming, hill-cutting and excavation, enabling vehicles to reach the summit and thereby severely disturbing the area's soft ecology.
  • Concerns were raised about noise and air pollution from unnecessary road construction, disturbance to local ecology and wildlife, threat of siltation changing the river's course, and risk of flooding.
  • The applicant sought relief to stop cutting/felling of trees and prayed for a direction to plant ten times the number of trees destroyed.

Respondent / State and Project Authorities' Position (as reflected in the committee report and record)

  • The project authorities and State departments had obtained administrative permissions from the Sub Divisional Officer (Punasa, District Khandwa) for cutting trees required for the approach road and project site; specific permissions (letters dated 10.11.2021, 10.12.2021, and order no. 346 dated 24.03.2022) authorized cutting of specified numbers of trees.
  • Counting of trees was undertaken by Revenue and Forest departments prior to removal of encroachments: for the approach road 1,051 trees were counted and cut; on the 11.56 ha museum site 1,181 trees and 4,316 bans were recorded; total trees/bans estimated to be cut for the complete project were stated as 2,994.
  • Project authorities proposed extensive compensatory plantation: a total of approximately 37,225 trees proposed to be planted (including 1,200 along the approach road, 6,025 at the museum site, and about 30,000 on an additional 36 ha reserved for plantation).
  • An Environmental Clearance (EC) was obtained from the MP State Environment Impact Assessment Authority (MPSEIAA) dated 15.04.2022; the project was reported to have approval of the Ministry of Environment, Forest & Climate Change (order dated 15.04.2022).
  • Mitigation and pollution control measures were proposed/planned: sewage treatment plant for reuse of treated wastewater in plantation, water sprinkling by tankers to suppress dust, and other measures to prevent discharge into the river and to control construction-phase pollution.
  • The report also recorded that the applicant (Shiva Mission Trust) had earlier violated conditions of its plantation-only permission by erecting constructions (residential house, toilets, swimming pool) and had been fined Rs. 20,000; the permission was cancelled by the Collector Khandwa by order dated 02.03.2022 and encroachments/structures were removed.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Tribunal's analysis proceeded on the basis of the joint committee's factual findings and documentary records. The Tribunal noted key factual and administrative points and applied them to the legal question of whether environmental law and rules had been violated such that judicial intervention was required:

  1. The Tribunal recorded the land-allotment and administrative history: the 11.56 ha had been allotted for the statue and museum, which included the 1.00 ha earlier given to the applicant for plantation; the earlier permission to the applicant had been cancelled by the Collector (order dated 02.03.2022).
  2. The committee's tree-counting and permission logs were accepted as documenting that permissions for cutting certain trees were granted by the Sub Divisional Officer and that counting of trees had been conducted by the Revenue and Forest departments prior to removal of encroachments.
  3. The Tribunal took account of the committee's technical observations regarding ongoing construction: a bridge under construction, a 1.2 km approach road (14 m wide) with 700 m made by hill-cutting and terraforming, excavation for foundations for the museum and the statue, and stockpiling of excavated material.
  4. The Tribunal weighed proposed mitigation and compensatory measures: the project authorities proposed planting approximately 37,225 trees to compensate for the total estimated 2,994 trees/bans to be cut — a ratio exceeding ten times— and had prepared pits and reserved 36 ha for plantation densification. The committee observed plantation activity on slopes and reported planned plantation commencement (28 July 2022).
  5. The Tribunal drew attention to statutory and administrative compliance: the project had obtained Environmental Clearance from MPSEIAA (EC dated 15.04.2022) and approval by the Ministry of Environment, Forest & Climate Change (order dated 15.04.2022). The project authorities had proposed a sewage treatment plant, proposed not to discharge treated or untreated wastewater into the river, and had stated measures to control dust and construction-phase pollution.
  6. The Tribunal also observed the applicant's prior violation of the terms of the plantation allotment (unauthorized constructions and a penalty), and administrative steps taken to remove encroachments.
  7. On the basis of these facts, the Tribunal concluded that proper precautions, protections and re-afforestation measures had been considered and initiated by the State government, Forest and Revenue departments, and project authorities; accordingly the Tribunal found no violation of environmental law and rules warranting interference with the impugned administrative actions.
  8. The Tribunal emphasized that policy matters fall within the domain of the State Government and that the project must comply with conditions specified in the Environmental Clearance.

Holding and Implications

Final Disposition:

Original Application No. 31 of 2022 (CZ) stands disposed of.

Implications and immediate effects:

  • The Tribunal declined to grant the relief sought by the applicant to stop the cutting/felling of trees and to order planting of ten times the trees destroyed, because the Tribunal concluded that the project authorities and State departments had taken appropriate administrative and environmental measures and had obtained requisite clearances.
  • The Tribunal recorded that the project has Environmental Clearance and approval from the central Ministry; it directed that the project must follow the conditions specified in the Environmental Clearance.
  • The Tribunal expressly stated that policy matters are for the State Government and that no further judicial action was required in respect of this application.
  • The order does not purport to set a new legal precedent; it resolves the particular application on the specific facts and administrative record before the Tribunal (the report of the joint committee, permissions, counts, and proposed mitigation measures).

Order signed by: Sheo Kumar Singh, Judicial Member; Dr. Arun Kumar Verma, Expert Member — dated 27th July, 2022 (O.A. No. 31/2022 (CZ)).

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    SHIVA MISSION TRUST v. STATE OF MADHYA PRADESH THROUGH ITS PRINCIPAL SECRETARY

    Item No. 4

    BEFORE THE NATIONAL GREEN TRIBUNAL

    CENTRAL ZONE BENCH, BHOPAL

    (Through Video Conferencing)

    Original Application No.31/2022(CZ)

    Shiva Mission Trust Applicant(s)

    Versus State of Madhya Pradesh & Ors. Respondent(s) Date of hearing: 27.07.2022

    CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

    For Applicant(s): None For Respondent(s) : Mr. Sachin Mehta, Adv Ms. Parul Bhadoria, Adv.

    ORDER

    1. The background given by the applicant is that a land admeasuring 1.00 hectare in Khasra No. 7/1 was allotted to the applicant for afforestation and development of garden and the Trust planted large number of trees in the area. Currently there is temporary shelter established therein for the guard/watchman and further a small piece of land is also occupied by one ascetic namely Sant Shree Shreekalasi Baba since 2008 whose residence has been refurbished by the trust. The Trust has also appointed a Pujari namely Shri Gajendra Das who also resides and maintains a cowshed on said land.

    2. It has come to the notice of the Trust vide order no. 286/2022 of the Nagar Parishad, Omkareshwar that a trust namely Achaarya Shankar Sanskriti Ekta Trust in consonance with the Cultural Department of the State Government has planned to construct a 108 ft. statue of the Achaarya and a museum. The grievance is in furtherance of the same

    1

    the respondent trust and the government have begun haphazard felling of trees on the hillock and the approach area. That the same is being done without and prior permits from the Tree Officer as envisioned under Section 6 of the M.P. Vrikshon Ka Parirakshan (Nagariya Kshetra) Adhiniyam 2001.

    3. That, for the purpose of road construction the State is also indiscriminately terraforming the surrounding area which form part of the Omkareshwar hill. That, presently enough hill-cutting, excavation and terraforming has been already done that vehicles are able to approach the summit which is greatly disturbing the soft ecology of the area.

    4. Trees are being felled haphazardly without any permits from the Municipal Tree Officer, leading to deforestation and loss of ecology in absolute contravention of the M.P. Vrikshon Ka Parirakshan (Nagariya Kshetra) Adhiniyam, 2001.

    5. That construction of unnecessary road is causing noise and air pollution and disturbing the local ecology and wildlife which will further disturb the sensitive balance in which this river is land thrives.

    6. That, there is threat to the river changing its course and eventual flooding because of the siltation that will be caused during rains. That, the unbridled excavation being carried out right now will permanently damage the ecology and terrain of the area.

    7. This application has been filed with the relief to stop felling of trees and cutting of trees and with a prayer with direction to made plantation 10 times of the number of trees destroyed. The matter was taken up by this Tribunal on 02.05.2022 and committee consisting the Dy. Forest Officer, Khandwa and representative of the State Pollution Control

    2

    Board was constituted with a direction to submit a factual and action taken report. The committee visited the site and submitted the report, which is as follows :

    "The Joint Committee visited the Mandhata Island including road & museum construction sites on the Island, plantation area, tree cutting areas and observations are as follows:

    1. Mandhata Parvat is located as Island in between two stream of the River Narmada. On the Island there are natural trees, bushes, plantations, temples and some previous constructions were also seen. Google map of the Island and the river Narmada is enclosed as Annexure-l. In the Google map two streams of Narmada & Omkar Parvat of Mandhata lsland may be perused.

    2. Najari Naksha of the project area is enclosed as Annexure-2 which shows right stream of the river (Named Kaveri River), location of bridge under construction across River Narmada, approach road, land allotted to Acharya Shankar Sanskritik Ekta Nyas Govt. of M.P. Sanskriti Department.

    3. Govt of MP has allotted 11.56 ha. land for construction of the Statue of Guru Aadi Shankarachrya and the Shankar Museum on the Mandhata Island. Acharya Shankar Sanskritik Ekta Nyas, Govt. of M.P. Sanskriti Department is occupier or owner of the land allotted. The project construction agency is M.P. State Tourism Corporation Limited which is also a corporation under Govt. of M.P. The land area of I1.56 ha. is inclusive of the area of

    1.00 ha. which was previously given to Shiva Mission Trust for plantation only. Permission granted to the Shiva Mission Trust has been cancelled by Collector Khandwa vide its order dated 02.03.2022 and the land is given to the Sankriti Department for construction of Statue and the Museum. Copy of the order is enclosed as Annexure -3.

    4. M/s Shiva Mission Trust (the applicant in OA) was given permission for plantation and horticulture development on land area of 1.00 ha on the Island at Survey No. 7/l by Sub Divisional Officer, Khandwa District Khandwa vide order

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    no. I I 16/Re-2/08 Khandwa dated 12.05.2008 with conditions that any other activity or construction work shall be prohibited and ownership of the land shall be vested with the Government of Madhya Pradesh. Copy of the permission letter is enclosed as Annexure -4.

    5. M/s Shiva Mission Trust has done plantation on land and also constructed water tanks, swimming pool, residential house, toilets and some other pakka construction on the land which may be perused in the Google map of earlier date enclosed as Annexure-5. M/s Shiva Mission Trust has violated the conditions of permission and accordingly a fine of Rs. 20000/- was imposed to them by Naib Tehsildar, Tappa, Mandhata, district Khandwa vide their order dated 22.03.2014. Copy of the order is enclosed as Annexure -6 for perusal.

    6. Execution of the project for construction of the Statue of Guru Shree Aadi Shankaracharya and the Shankar Museum being done by the Acharya Shankar Sanskritik Ekta Nyas Govt. of MP, Sanskriti Department and M.P. Tourism Development Corporation Limited. The approach road is being constructed by Public Works Department (PWD) of the State.

    Observations :

    Brief of observations during visit are as follows:

    (A) Current status of project constructions :

    l. A bridge across the river Narmada is under construction to reach to the Island. The Bridge is being constructed by the PWD of the State Govt.

    2. A road of l4m width and 1.2 KM length is under construction from bridge to the Museum site. The road is also being constructed by the PWD of the State Govt. Out of 1.2 KM road length, 700 m length has been made by hill cutting and terraforming and remaining by filling.

    3. For construction of the Shankar Museum, excavation work for foundation was observed. Excavated material has

    4

    been stocked on the nearby land and it is proposed to be reused for filling work around the Museum by the Nyas.

    4. For Construction of the Statue of Shree Guru Aadi Shankaracharya, excavation work for foundation was observed

    (B)Status of trees cuttings and permissions obtained :

    1. Trees on the land of Approach Road were counted by the Revenue Department and accordingly permissions to cut the trees coming on the way of approach road were obtained by PWD. Sub Divisional officer Punasa district kandwa vide letter dated 10.11.2021 and 10.12.2021 has allowed to cut a total of 1051 trees. Copies of the permission letters are enclosed as Annexure 7 & 8.

    2. The PWD has cut total l05l trees and deposited the wood received after cutting of the trees to forest depot Sanawad District Kandwa.

    3. Counting of trees on the land of I1.56 ha. Allotted for the Statue and Museum (which includes land area of 1.00 ha. of Shiva Mission trust) has been conducted by the Revenue Department and the Forest department prior to removal of encroachment during March-April 2022 and 1181 trees and 4316 bans were found on the land area Report & Panchnama in this regard is enclosed as Annexure 9 for reference.

    4. Shri Shailendra Mishra Assistant Director, Department of Sanskrit Cum Officer Incharge Acharya Shankar Sanskriti Ekata Nyas, Govt of MP has obtained permission for cutting of trees of land area I1..56 ha. The Sub Divisional officer Punasa District Kandrva has granted permission for cutting of trees vide order no 346 dated 24.03.2022. Copy of the order is enclosed as Annexure 10. As per the order, 207 trees of teak tree and 974 trees of neem, jamun, sitafal etc. (total-1081 trees) and 4316 bans have been granted.

    5. During Visit of the committee, it has been observed that for construction of the road 1051 trees have been cut and only 200 trees from Museum site have been cut. As per

    5

    information given during visit 218 more trees will be required to be cut from the Museum site. 1525 nos. of bans have also been cut for museum site. As mentioned above in this Parra 1469 trees and 1525 bans (Total 2994) are required to be cut for construction of the project including approach road.

    (C) Status of proposed Plantation :

    1. The Department / Nyas has proposed to plant new trees to compensate ecological imbalance of the Island. Details of trees to be cut for completion of the Project and proposed plantation to be done is enclosed as Annexure- 1L. Details are summarized as follows:

    1. Along both sides of the approach road (1.2 KM road length) 1200 trees are proposed to be planted. The Sub Divisional Officer Punasa District Khandwa has issued letter to the Shree Aacharya Shankar Sanskritik Ekata Nyas for plantation along both sides of approach road vide their letter no 532 dated 29.06.2022.Copy of the letter is enclosed as 12 Annexure-12.

    2. At Museum Site of 11.56 ha. land area. built up area will be approx. 4 ha. On remaining area densification of trees has been proposed to be done by planting 6025 trees in the area.

    3. Additional land of 36 ha. is also allotted to Shree Aacharya Shankar Sanskritik Ekata Nyas for plantation on the Island on back side of the Museum site away from parikrama marg. Approx 30000 tree plantation has been proposed by the Nyas under densification of trees.

    4. The Forest Range Officer Punasa District Khandwa has been informed by MP state Tourism Development Corporation Ltd. vide letter no. 117 dated 25.06.2022 that 36 ha. land has been reserved to plant approx 30000 plants and in accordance to this 800 pits have been prepared for plantation. Copy of the letter is enclosed as Annexure 13.

    5. As mentioned above in sub-paras no 1 to 3, total 37225 trees have been proposed to be planted on the Mandhata Island to compensate any adverse effect in the environmental conditions.

    6

    2. During visit. it has been observed that plantation in the slope area of the Island towards left stream of the river has been started and approx. 470 pits have been found prepared for plantation. Plantation is proposed to be started from 28th July, 2022 (Hariyali Amavasya) on 36 ha. land also.

    (D) Other Issues raised by the Applicant in the OA :

    1. The applicant has raised issues of ecological disturbance and silting problem in the river, flooding and pollution etc. due to construction of Approach Road, the Statue and the Museum on the Island and trees cutting. In this regard, it is pertinent to state that the project authorities have assured and proposed to plant 37225 new trees in place of 2994 trees to be cut which is more than l0 times in number as compared to number of trees to be cut. Therefore, adverse impact on the environmental conditions seems not to arise. Due to dense plantation on both sides of the approach road and on other remaining area of the Island including valley and hill, number of plants will be more than at present and there seems no soil erosion or silting problem in the river.

    2. The applicant has raised the issue regarding effect of use of bulldozers and heavy machineries on local wild life. In this regard, it is stated that water sprinkling by movable tankers is applied to suppress dust at construction site to control fugitive air pollution and seems no significant adverse effect on local wild lives.

    3. The Museum site is located at approx. 300 rn from north bank of the river and above 90m from the river. Plantation on lsland has been proposed and boundary wall around Museum is also proposed to be constructed; hence there rvill be least possibility of dust or soil particles to be reached in the river.

    (E) Status of Environment Clearance and proposal for Air Water pollution Control:

    1. The Project has obtained Environmental Clearance from MP State Environment Impact Assessment Authority (MPSEIAA)

    7

    vide letter issued dated 15.04.2022. The copy of the sameis enclosed as Annexure 14.

    2. The project authorities has proposed to install sewage treatment plant for treatment of any waste water to be generated from the premises and will be reused in plantation and greenbelt development on the Island only) As per information during visit, it has been told that there will not be any discharge of treated or untreated wastewater into the river.

    (F) Information summary provided by the Aacharya Shankar Sanskritik Ekta Nyas Bhopal vide letter no. 1607 dated 02.07.2022 is enclosed as Annexure 15 for reference.

    Conclusions:

    1. The project authorities have obtained permission from the Sub Divisional Officer Punansa District Khandwa for cutting of trees for construction of the approach road and the Statue & Museum.

    2. Counting of trees have been done prior to cut trees by the concerned department. l05l trees were counted on the land of approach road. 1181 trees and 4316 bans were counted on the Museum site of 11.56 ha.

    3. 1.051 trees have already been cut for construction of the approach road.200 trees & 1525 bans have been cut for construction of the Statue & Museum. From the Museum site 218 more trees are yet to be cut.

    4. For approach road total l05l trees and for Museum total 418 trees and 1525 bans are required to be cut. As mentioned above total number of trees and bans to be cut are 2994 for execution of the complete project.

    5. The project authorities have started plantation and approx, 37225 trees are proposed to be planted on Mandhata Island for compensation of any adverse impact on environmental and to protect any soil erosion or silting etc. while total trees to be cut are 2994. Plantation proposed is more than l0 times of the plants to be cut for the project. Result of the

    8

    proposed plantation, densification of trees on the lsland will take place and will improve the environmental conditions of the area as well.

    6. The applicant was permitted to do plantation only on 1.00 ha Government land but the applicant had violated the conditions of permission by construction of residential house. toilets. swimming pools etc. and fine of Rs. 20,000 was also imposed on the applicant trust by Naib Tehsildar Tappa Mandhata, District Khandwa. Now permission has been cancelled by the Collector Khandwa and encroachments and some of the constructions have been removed.

    7. Environmental Clearance (EC) from MPSEIAA as per requirement of EIA Notification 2006 for building projects has been obtained and the project is under construction as per EC.

    8. The Project Authorities has proposed to install Sewage Treatment Plant as per EC condition and to reuse treated effluent for plantation and assured not to discharged any waste water jn the river.

    9. The Project Authorities has proposed to take care any water and air pollution during construction phase also."

    8. A perusal of the record reveals that the Collector vide order dated 02.03.2021 modified the order dated 23.02.2021 whereby and where under the right of plantation given to the applicant was modified and withdrawn. It is further reported that a Writ Petition No. 957 of 2014 was filed before the Hon'ble High Court of Madhya Pradesh at Jabalpur and vide order dated 27.01.2014 it was directed to remove the encroachments the matter was enquired by the Tehsildar Mandhata and it was found that the applicant has encroached the land and make certain directions for which the applicant was directed to deposit an amount Rs. 20,000/-as penalty and was further directed to remove the encroachment within a time limit.

    9

    9. The matter of further planning against which the present petition have been filed was duly considered by the concerned court and vide order dated 10.11.2021 an order has been passed. The Forest Department / Revenue Department has properly monitored and counted the number of trees and there are certain directions for plantation of trees. The project finds approval of Ministry of Environment, Forest & Climate Change vide order dated 15.04.2022 with certain conditions.

    10. The Cultural Department of the State of Madhya Pradesh vide order dated 02.07.2022 has initiated the development of the site, taking proper protection of trees and re-plantation.

    11. In view of the above discussion, we are of the view that proper precautions have been taken by the State Government and the Forest Department / Revenue Department and protection of the plantations and re-afforestation have been taken into account, the Sahayak Sanchalak Sanskriti has further directed for plantation of more than 30,000 of trees.

    12. Accordingly, there is no violation of environmental law and rules and we do not intend to interfere with order impugned. The policy matters are within the domain of the State Government. The project finds approval of Ministry of Environment Forest & Climate Change and Environmental Clearance from the department concerned. Project must follow the conditions specified in the Environmental Clearance. No further action is required, thus Original Application No. 31 of 2022 (CZ) stands

    disposed of.

    Sheo Kumar Singh, JM Dr. Arun Kumar Verma, EM

    27thJuly, 2022 O.A. No. 31/2022 (CZ)

    K

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    SHIVA MISSION TRUST v. STATE OF MADHYA PRADESH THROUGH ITS PRINCIPAL SECRETARY
    (Jul 27, 2022)