Jabalpur
The larger bench of the High Court has canceled the exemption provided for cutting and transportation of 62 species of trees. The Larger Bench of Chief Justice Suresh Kumar Kait, Justice SA Dharmadhikari and Justice Vivek Jain has said in its order that the disputed notification released in 2015 and the amendment made in 2017 in 2017 is contrary to the provisions of the Forest Act. Apart from this, Article 14, 21, 48-A of the Indian Constitution violates.
The larger bench should implement the disputed notification and the amendment made in it, implementing the species of all the trees exempted in the Transit Pass Rule 2000 with immediate effect. The larger bench reprimanded the executive by giving many examples including Pushpa film about the cutting of trees.
In order to coordinate with the common man, the Forest Department abolished the compulsory TP on 62 species in 2015 and 2017. Since then, indiscriminate cutting of trees was going on in Madhya Pradesh. The trees of other species including mangoes, acacia, shoe-bolo, tamarind, berries, guava standing in the roadside fields were being cut off. In the year 2024, 10 thousand 688 cases of illegal cutting trees have been registered. In the year 2023, 50 thousand 180 cases were registered. This situation is then. When the High Court has given adjournment on the notification to free 62 species in 2019. Which has now decided.
Did not pay attention during stay
A postponement came 5 years ago on the notification of 62 species of TP free, but the forest department officials did not pay attention to it. That is why the trees standing on private land were being cut in the roadside or remote areas. Talking about Bhopal alone, 50 vehicles get wood every day on Ara-Mashens. There are similar situations in other cities of the state.
Leaving on a fine of 10 thousand
The condition in this case is that, at first the plains, forest officials and employees are not holding the wood transporters and who are caught. They leave their challans of 10 thousand rupees. Whereas in such cases there is a provision to take two times the amount of wooden market value present in the vehicle.
2 people petition filed in High Court
In a separate petition filed by Gadha Jabalpur resident Vivek Kumar Sharma and another, it was said that the provision of Madhya Pradesh Transport (Forest Produce) Rules, 2000 Rules 4 (2) has also been removed, besides removing 53 species of trees through the notification issued by the state government. As a result, there is no need to obtain any permission to cut or transport trees located on private land. Cutting more trees for use by people will have side effects on the environment. Determination of environmental balance has an adverse effect on human health. Which by the Supreme Court, T.N. Godavarman Thirumulpad vs. is contrary to the order issued in the case of the Union of India.
Larger bench mentioned the film Pushpa in the judgment
The larger bench mentioned the film Pushpa while giving its verdict. The bench said that “The film Pushpa has exposed the traders and syndicate. Which are engaged in illegal transportation, trade and sale of red sandalwood in the dense lush green forests of Seshachalam in Andhra Pradesh. The syndicate of smugglers and traders starts making such an impact and dominance that no part of the government remains untouched to the police, forest department, policy makers and ultimately legislators. This shows how the mafia can enter the dense forests by transporting the illegal trade of forest produce and can rob the natural wealth of the forest by collusion with the state machinery. The executive bends to the effects and dominance of such vendors of the forest produce. ”
‘A reservoir like ten wells and ten sons like a tree’
The larger bench said in its order that “1 reservoirs are similar to 10 wells and 10 reservoirs are similar to 1 son and 10 sons are similar to 1 tree. The larger bench has cited the FSI report from 2019 to 2023, saying that there has been a net reduction of 420 square kilometers in the forest area in Madhya Pradesh. ”
‘If such trees are cut, half a forest area will end in 50 years’
This figure includes an increase of 363 square kilometers in the most dense forest area and a huge reduction of about 630 square kilometers in the same ratio and a reduction of about 104 square kilometers in medium intensive forest and open forest area. Due to which the pure figure becomes 420 square kilometers. These figures clearly indicate that forest areas are decreasing rapidly every year. If the decrease in the forest area in Madhya Pradesh continues at this speed, then in the next 50 years, about half of the present forest area will be erased from the notified forests.
‘Court said the letters of Indore Forest Department surprised’
Citing a document record in more than 1500 pages of current affairs, the Larzer Bench has said in its order that “Environmentalist Rajveer Singh Hura and NGO Environment Sentinel had filed a petition in the High Court. In which the documents presented shocked us. The documents include the officers of the forest division of Indore and the correspondence interrupted within the forest department. In April 2017, a letter addressed by Forest Conservator Indore to Forest Divisional Officer, Indore mentions the illegal harvesting of old and fruit-laden old trees and their business in the market of Indore. Apart from this, it was also said that about 100-150 vehicles are reaching the markets with 1000-1500 tonnes of wood and forest yield illegally. The source of which is disappointingly unknown. Instructions were also given to take necessary legal action in the letter. “
Apart from this, in a letter written by the Chief Conservator of Forest Conservator, Indore Circle on April 2019, Indore Division, it was said that taking unfair advantage of the exemption notification of trees of 53 species, large scale deforestation, illegal harvesting and wood is being done on large scale in various forest areas of the state including Indore. Thousands of old green trees are being illegally cut off by the wood mafia for trade in the wood market.
Court accepted the letter of Chief Conservator of Forests
In the investigation report sent by the Chief Conservator of Forests Indore to the Chief Conservator of the state in July 2019, it has been said that due to comprehensive exemption to 53 species, it is wreaking havoc on the lives of a large number of lush green trees in the forest and non-female areas of Indore division. Rebate notification has become a license to legalize the transportation of illegally purchased wood, wood and forest produce and trade without investigation and control. The investigation report of Chief Conservator of Conservator M. Kallidurai recommended that the notification should be withdrawn or amended. So that regulatory control can be revived and the system of transit can cross all the species that are present in the forests of Madhya Pradesh.