NGT intervenes on deteriorating ecology of Nainital, directs state to constitute Grievance Redressal Cell

NGT intervenes on deteriorating ecology of Nainital, directs state to constitute Grievance Redressal Cell in all forest divisions as well as at State level, passes several directions

Taking note of the serious issues confronting the ecology of Nainital brought to light by Mr. Akash Vashishtha, Advocate & Amicus Curiae, the NGT has directed the Chief Secretary, Uttarakhand, Principal Secretary, Department of Environment and Forest, Government of Uttarakhand, Principal Secretary, Urban Development, Government of Uttarakhand, Divisional Commissioner, Kumaon, Principal Chief Conservator of Forests (HoFF), Government of Uttarakhand, Commissioner, Municipal Corporation, Nainital, and Uttarakhand Pollution Control Board to take remedial action and respond to each of the issues raised by him, including massive tree felling/cutting, construction on steep slopes, untreated discharge of sewage into Naini Lake, illegal covering of storm water drains, reckless dumping of solid wastes, the defunct and ineffective tree-felling committee, reckless vertical hill cutting and unregulated constructions in Pangot.

• The NGT has also directed the PCCF to constitute Grievance Redressal Cell at the State Level as well as in all forest divisions of the state to receive and address complaints about illegal tree cutting and file an Action Taken Report, within 2 months.

• The Tribunal has further directed the Municipal Commissioner, Nainital to lodge FIRs regarding illegal cutting of trees on land belonging to it and file ATR within 2 months.

• The court has also directed the DM and Municipal Commissioner to remove all garbage dumped on the roadsides immediately, on regular basis, as pointed out by the Amicus Curiae in his report and set up a Control Room and create web portal for receiving complaints from citizens regarding waste dumping. They have been directed to file ATR within 2 months.

• The NGT, while hearing the Petition of Nainital resident, Vivek Verma, has directed the UKPCB to file ATR within 2 months on the show cause Notices issued to 82 hotels and all other aspects as mentioned by the Amicus Curiae, in his report.

• During the course of hearing, Mr. Akash Vashishtha, Advocate & Amicus Curiae, submitted that the Tree Felling (Permission) Committee of Nainital was rendered meaningless, with merely 1 environmentalist and remaining members, who are either hotel and resort owners or politician councillors. An independent, impartial and fair examination of any tree felling application by the panel was not possible in such circumstances and therefore, the entire committee was needed to be reconstituted with more expert members.

• “Such a Tree Felling Committee is required to be constituted in all districts and forest divisions of the state. The current fines or compounding fee for tree felling on non-forest lands was only upto Rs. 25000, under the provisions of UP Protection of Trees Act, 1976, as applicable to Uttarakhand, which is too meager and hardly acts as a deterrent. Also, given the intrinsic, inherent and ecosystem service value of a tree, the fines must be raised from Rs. 25000 to Rs. 50000,” Mr. Vashishtha submitted.

• “The Tree Protection Act clearly provides for arrest without warrant, in cases of offences but that provision is seldom resorted to. Consequently, people have a feeling that they can cut, fell or damage a tree and get away by paying a small sum, which is nothing as compared to the actual value of a tree,” Mr. Vashishtha informed the court.

The Tribunal has asked the DM, Municipal Commissioner and DFO Nainital to remain present on the next date, that is, 20.02.2024.