REENU PAUL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By filing this WPPIL, the petitioner has made the following prayer:-

(2.) Issue an order or directive in the nature of mandamus commanding the respondents to prepare a comprehensive plan for regeneration of the fast degrading Sal forest and all the biodiversity related to it of the Doon valley." 2. At the outset, it is objected by the learned counsel appearing for the respondents that the entire matter has been considered by the National Green Tribunal as per the judgment and order dtd. 13/12/2021 in Appeal no.29 of 2021 (IA No.218 of 2021), 'Citizens for Green Doon vs. Union of India and Others'. The learned counsel appearing for the petitioner Mr. Abhijay Negi, very emphatically submitted that the issue, that the present petitioner is raising, has not been considered by the judgment of the learned National Green Tribunal. We have examined the judgment very carefully. In internal page 6 of the judgment of the learned National Green Tribunal the learned Tribunal has enumerated the substance of grounds of challenge to the forest clearance, it is as follows:-

(3.) The learned counsel appearing for the petitioner submitted that the issue of Sal Forest has not been dealt with by the learned National Green Tribunal. From point no.4 of the aforesaid judgment, it is apparent from the record that the cost benefit analysis was argued to be erroneous by over valuing the benefit and under valuing the cost. The learned National Green Tribunal also took into consideration the contention that the Reserved Forest is part of the Shivalik Forest Division which falls in Eco Class V which means "Sub-tropical Broad-Leaved Hill Forests, Sub-Tropical Pine Forests and Sub-Tropical Dry Evergreen Forests" and calculation of the value should have been on that basis.