UMESH TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS original application which was filed before the Hon'ble High Court of Madhya Pradesh at Jabalpur by way of Writ Petition No. 20307/2013 which came to be transferred to this Tribunal vide order of the Hon'ble High Court dtd. 27.11.2013. Notices were issues and the matter was heard on 07.02.2014. Since the Original Writ Petition challenged the grant of the Forest Clearance (for short, 'FC') in the Kaimur range, Budhgoan Forest Block in Sidhi District (M.P.) to the Respondent No. 8 the Project Proponent, the issue was considered under the order dated 07.02.2014 and it was found that as far as the challenge to the FC is concerned which is dated 12.11.2012, was beyond the limitation as the Writ Petition filed on 18.11.2013 itself was beyond the limitation for preferring an Appeal before the Tribunal under section 16(h) of the National Green Tribunal Act, 2010. As such, so far as challenge to the FC is concerned, this Tribunal held that the application is barred by limitation, however only on alternative, the Tribunal accepted the plea on behalf of the Counsel for the Applicant as it was contended that there had been specific violations and breach of the conditions of FC and its non -compliance. To the limited extent to ensure compliance of the conditions of the FC, the matter was kept pending. The aforesaid issue with regard to the alleged noncompliance of the terms of the FC was raised by the Applicant based upon the letter of the Respondent State of MP written to the Additional PCCF (Land Records) dated 24.11.2012 wherein it is mentioned that compensatory afforestation was required to be carried out.

(2.) VIDE our order dated 01.04.2014, the reply of the State was sought and was directed to submit their affidavit with regard to the same.

(3.) IT is therefore, evident that the necessary amount towards compensatory afforestation has been collected from the User Agency and the funds have been deposited under Ad -hoc CAMPA. The said amount has also been released to the State Government and the State Government is bound to utilise the same in accordance with the scheme which has already been formulated and areas identified for the said purpose. It has also been stated by the State that the Project Proponent has acquired land measuring 54.825 hectares and 66.949 hectares which is non -forest land in District Chhatarpur and handed over the same to the Forest Department.