Judgment of the National Green Tribunal regarding cutting of trees by NCTD (Transport), 21/03/2025
Judgment of the National Green Tribunal in the matter of Pramod Tyagi Vs State of NCT of Delhi & Others dated 21/03/3035.
A proposal was initiated by State of National Capital Territory of Delhi, Department of Transport to start a Driving Training Institution at Mukundpur and permission was also granted. Government of National Capital Territory of Delhi (GNCTD) allotted 12 acres of land to initially, for establishment of Driving Training Institute. 3000 big trees were standing on the land. Later on, NCTD (Transport) proposed to establish a Cluster Bus Depot at Burari and 4 acres was allotted to Delhi Integrated Multi-Model Transit System Limited (A joint venture of GNCTD and IDFC Foundation) for Cluster Bus Depot. Total number of trees fell down in setting up of Driving Training Institute, as the information has been received by applicant, are about 3000, out of which approximately 2500 are big trees.
For illegal cutting of trees/non-carrying out compensatory plantation NCTD (Transport) was directed to pay environmental compensation as an interim measure to the extent of Rs 95,05,000 and deposit the same with Delhi Pollution Control Committee (DPCC). DPCC has been directed to compute final environmental compenation within a period of three months. The amount of interim environmental compensation should be utilised for remediation of the damaged environment in accordance with environment remediation plan which should be prepared by a Joint Committee comprising the Central Pollution Control Board (CPCB), DPCC, Principal Chief Conservator of Forest, GNCTD. The plan has to be prepared within 3 months and executed in the next 3 months, the order said.
The bench of Justice Sudhir Agarwal observed that "almost all State Pollution Control Boards or Pollution Control Committees have refrained from computing and assessing any environmental compensation due to illegal cutting of trees despite having caused serious damage to the environment only on the pretext that no methodology or guideline has been provided for computation of environmental compensation for illegal cutting of trees". Whenever law requires something to be done, the same must be done in accordance with the provisions if made and if not made, by working out reasonable guidelines in this regard since such power of issuing directions is conferred upon the statutory regulators.
The NGT directed copy of the judgment to be forwarded to all the Chief Secretaries of states and Union Territories; Member Secretaries of State Pollution Control Boards and Pollution Control Committees; Additional Chief Secretaries/Principal Secretaries, Environment and Forest of all the states and Union Territories; Director General (Forest), MoEF&CC, New Delhi; Member Secretary, CPCB and Secretary, MoEF&CC for information and compliance.