Judgement of the National Green Tribunal regarding large scale illegal felling of trees near Tara Devi Temple, Shimla, Himachal Pradesh, 01/08/2017
Judgement of the National Green Tribunal in the matter of Court on Its Own Motion Versus State of Himachal Pradesh dated 01/08/2017 regarding large scale illegal felling of trees near Tara Devi Temple, Shimla, Himachal Pradesh. The trees were of Deodar and Oak and were on a private property adjoining to Tara Devi temple, Shimla, Himachal Pradesh. Further, it was reported in the newspaper that cutting of the trees was without prior permission of the authorities.
NGT states that both the seller and the purchaser are the beneficiary of the illegal and unauthorized felling of trees which has caused immense adverse impact on the environment and ecology of the area, thus it is of the view that both the seller and the purchaser are responsible for payment of environmental compensation in terms of Section 15 and 17 of the NGT Act, 2010. Further, it would be just and proper to make the seller liable to the extent of 60% and the purchaser to 40% of the total amount of damages to be paid. The amount of damages shall be paid by the parties to the District Forest Officer, Rural Shimla, within one month. To protect environment and ecology of the area from further deterioration, degradation, adverse impacts and to effectively implement the direction for afforestation, Tribunal injucts the seller, purchaser or any person or body claiming through them from raising any construction, temporary or permanent or from carrying on any commercial or nonforest activities, upon the land from where the 477 trees have been felled illegally and unauthorizedlly. The land shall be used only for the purposes of afforestation.