Ajay A. Deshpande JUDGMENT
Raghuvendra S. Rathore, J. (Member (J))
1. The applicant after being shocked on reading the news item, reported in Daily Excelsior Jammu dated 17th February, 2016 giving details of the transfer made by State Government of 159 hectares of forest land to the Higher Education Department for establishment of the Indian Institute of Technology (IIT) in Nagrota area of Jammu district, has filed this Original Application under Section 14, 15 and 18 (1) of the National Green Tribunal Act, 2010. Applicant has therefore prayed that:
"(i) The decision taken by the Forest Advisory Committee in its 91st meeting agenda clause 91.09 on the proposal to allow use of 159 hectares of forest land for construction of IIT Jammu without requisite corum was incompetent, invalid, a fraud on the statute and not binding on the Govt. It is non-est and void ab-initio.
(ii) That the Government order No. 41/FST-2016 dated 11.02.2016 under which sanction has been accorded to the use of 159 hectare of forest land for construction of IIT Jammu for Higher Education Department in Jammu Forest Division is liable to be quashed and set aside.
(iii) The transfer of forest land for non-forestry purpose is impermissible under the provisions of J&K Forest Conservation Act 1997 and Rules, Jammu and Kashmir State Forest Policy 2010, J&K Wild Life Protection Act, 1978 and Environment Protection Act, 1986 and Rules. It is fraught with serious consequences to ecology and environment besides resulting in irreversible damage to the eco system, health of the local populace and flora and fauna.
(iv) To grant appropriate orders for restoration of damage caused by cutting of forest trees and clearing of saplings etc without a valid transfer order.
(v) To save the green forest trees, forest land, wild life sanctuary which is natural habitat of forest fowls, black partridge, mountain quail, peafowl-peacocks, the national bird of India, wild dogs, deer, monkeys, langurs and other animals and birds besides other countless fauna and flora existing on the forest land which was transferred to the Higher Education Department for establishment of IIT Jammu in an illegal manner, at the cost of the environment and ecology of the area. The non-applicants be further restrained from entering upon the forest land, starting any construction of boundary walls or other buildings and roads in order to change the land use in any manner till the decision of matter."
Brief Facts
2. As per the newspaper report, the Forest Advisory Committee (FAC) had on 30th November, 2015, under the chairmanship of Chief Secretary, Chairman FAC and with the approval of the Governor on 27th January, 2016, has authorized the Special Secretary (Technical), Department of Forest, Environment and Ecology, respondent No. 4 to issue Govt. order No. 41/FST-2016 to transfer the forest land measuring 159 hectares for its use for the construction of IIT Jammu by the Higher Education Department. The said forest land has 1650 trees and 40133 saplings.
3. The order of demarcation of land at Jagti Nagrota, intimated to the Deputy Commissioner, Jammu by the Tehsildar, Nagrota mentions total land measuring in 3247 Kanals- 07 Marlas, which is under the occupation of forest. The order of Deputy Commissioner, Jammu makes a mention of approval by the State Selection Committee to get the forest land converted into use as a site for the establishment of IIT at Jammu. The area is vital for lakhs of people residing in Jammu city and its suburb.
4. The authorities have started felling and axing thick forest without any count which is like a disaster for the entire flora and fauna. It is likely to cause environmental and ecological damage beyond repair. There is no demarcation and the entire forest area has been expos........