Citizens for Green Doon Versus Union of India & Ors.

Coram: Hon’ble Mr. Justice Adarsh Kumar Goel, Chairperson, Hon’ble Mr. Justice Sudhir Agarwal, Judicial Member, Hon’ble Dr. Nagin Nanda, Expert Member
Keywords: Forest Clearance, sections 14/15 of the NGT Act
Decision: Disposed
Date: 13.12.2021
The case involves the validity of diversion of forest land for non-forest purposes and the cutting of trees for the construction of an elevated corridor for a part of NH 72A between Dehradun and Delhi. The order in appeal no. 29/2021 is against the Divisional Forest Officer's order dated 27.08.2021, which permits the use of forest land and the cutting of trees. Both matters raise the issue of the validity of diversion of forest land for non-forest purposes and the cutting of trees for the construction of an elevated corridor for a part of NH 72A between Dehradun and Delhi. OA No. 240/2021 seeks similar relief. The matter was earlier dealt with by the Tribunal on 06.10.2021, where the application was rejected on the grounds that remedy of appeal had not been taken against stage I clearance granted by the Central Government under the FC Act, and such remedy could not be taken indirectly by filing an application under sections 14/15 of the NGT Act. However, the order was set aside by the Supreme Court on 16.11.2021, and the matter was remanded for fresh consideration.
The issues to be considered are the necessity of permission for the use of forest for non-forest purposes and the implementation of mitigation measures to offset the same. The compliance of statutory requirements also needs to be considered.
The National Green Tribunal has ruled that it was difficult to prove that there was no application of mind in the appraisal by the Ministry of Environment, Forest and Climate Change (MoEF&CC) in granting forest clearance (FC) for the proposed Char Dham Highway project in Uttarakhand. The Tribunal found it necessary to ensure that mitigation measures are effectively implemented and monitored on the ground by the National Highways Authority of India (NHAI), overseen by an independent mechanism. It has directed the NHAI to undertake additional compensatory afforestation on 10 hectares of land each in Uttarakhand and Uttar Pradesh, deposit a sum of Rs. 1 crore for research on Sal regeneration, and make adequate provisions for the protection of wildlife.
The Tribunal has ordered prompt and transparent uploading of stage II clearance/tree cutting permission on the website after stage I. An independent 12-member expert committee, headed by the Chief Secretary of Uttarakhand and comprising nominees of the Wildlife Institute of India, Central Pollution Control Board, State Pollution Control Board, and Chief Wildlife Wardens, among others, has been appointed to oversee the implementation of mitigation measures. The committee may meet at least once a month and stakeholders may represent to the committee to consider remedial measures.
The ruling further emphasizes that steps must be taken to protect wildlife, including cordoning of elevated roads with proper barriers to absorb light and noise, fitting of cameras at strategic locations to monitor wildlife movement and habitats, and mechanisms for rescuing animals in case of any accidents. The appeal and application have been disposed of accordingly.