RAVI KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner - Ravi Kumar seeks quashing of the order dated 19.05.2016 (Annexure P3) passed by the Hon'ble National Green Tribunal, New Delhi ('Tribunal' - for short) (respondent No. 4) by which the latter has restrained the felling and cutting of trees in the entire State of Punjab. According to the petitioner, the said order dated 19.05.2016 (Annexure P3) has been passed without taking into account the legally valid projects in which the Government of Punjab has duly granted necessary permits for cutting and felling of trees. A further prayer has been made for directing the Principal Chief Conservator of Forests and the Divisional Forest Officer, Rupnagar Forest Division, Rupnagar (respondents No. 2 and 3) to forthwith grant permits by taking action in accordance with law in a time bound manner on the application dated 02.08.2016 (Annexure P5) submitted by the petitioner for grant of permit for the felling of remaining trees for the year 2016-17 which is pending with the Divisional Forest Officer, Rupnagar Forest Division, Rupnagar (respondent No. 3) since 02.08.2016. The same is not being attended to in view of the aforesaid order dated 19.05.2016 (Annexure P3) passed by the Hon'ble Tribunal (respondent No. 4). A further prayer has been made for staying the operation of the order dated 19.05.2016 (Annexure P3).

(2.) The petitioner - Ravi Kumar, it is stated, is proprietor of M/s. Unique Katha Products Private Limited, District Mohali. He has entered into a contract with various companies who have been granted permits by the Divisional Forest Officer, Rupnagar Forest Division, Rupnagar (respondent No. 3) for felling and cutting of trees in villages Majri and Bari, Tehsil and District Rupnagar. The permits have been granted under the Five Year Felling Programme in terms of Sections 4 and 5 of the Punjab Land Preservation Act, 1900. However, the Hon'ble Tribunal (respondent No. 4) has passed the order dated 19.05.2016 (Annexure P3) in the case of 'Dr. Amandeep Aggarwal v. State of Punjab and others' OA No. 161 of 2016 and 'Peacock Environment and Wildlife Protection Society v. State of Punjab' OA No. 162 of 2016, directing all concerned officers of the Forest Department and Irrigation Department and other project authorities to restrain the felling and cutting of trees in the entire State of Punjab without specific permission of the Hon'ble Tribunal. This, according to the petitioner, has caused irreparable loss to him who has entered into an agreement with various entities on 15.06.2015 for the felling and cutting of trees for a total consideration of Rs.15 crore which shall expire on 30.04.21017.

(3.) We have given our thoughtful consideration to the matter.