HC stays NGT contempt against NHAI, forest officials
Satpuda Foundation
HC stays NGT contempt against NHAI, forest officials
Vijay PinjarkarVijay Pinjarkar | Sep 12, 2015, 03.37 AM IST
NAGPUR: Owing to dwindling tree cover in the buffer areas of tiger reserves, Satpuda Foundation, a NGO working for wildlife conservation and community development in central India, undertook a massive plantation drive in the buffer villages of six tiger reserves of central India including three in Maharashtra. School children and elders participated in this unique initiative.NAGPUR: Owing to dwindling tree cover in the
buffer areas of tiger reserves, Satpuda Foundation, a NGO working for wildlife
conservation and community development in central India, undertook a massive
plantation drive in the buffer villages of six tiger reserves of central India
including three in Maharashtra. School children and elders participated in this
unique initiative.
Satpuda Foundation president Kishor Rithe informed that as part of the monsoon
activities, Satpuda Foundation teams across the Satpuda landscape motivated and
organised villagers to collect seeds, prepare saplings and dig pits so that a
plantation drive can be launched once the rains set in.
During August, about 5,000 saplings were planted in the buffer villages
including Tadoba, Pench and Navegaon-Nagzira in Maharashtra. On August 10, a
tree plantation programme was held at Adegaon near Tadoba Andhari Tiger
Reserve. Around 11 villagers, 2 teachers and 19 students from the village
planted saplings.
A similar programme was organized on August 15 at Moharli and at Katwal on
August 31 in which 9 school committee members, 7 teachers and 47 students
participated. They planted 35 saplings of Jamun, sitaphal, sisam, kaju, neem
and mango. Satpuda's Bandu Kumare had procured saplings from the forest
department and distributed them to the schools.
In Navegaon-Nagzira, plantation programme was taken up at Kodebarra, Koylari,
Wadegaon, Beripar and Alezari where around 334 students participated to plant
around 70 saplings. Conservation officer Mukund Dhurve also distributed sitafal
saplings to women of Mangezari. The saplings were supplied by the forest
department.
In Pench MP, the plantation programmes were conducted at Khamrith and Tuyepani
where around 280 students and villagers planted around 1,810 saplings. The
Satpuda Foundation team organized and assisted forest department in
implementing a plantation programme under the Biodiversity Conservation Rural
Livelihood Improvement Programme.
"We helped forest department distribute 1,610 saplings in Khamarpani and
1,200 saplings of bel, eucalyptus, jamun, bamboo and karanj in Tuyepani",
said Anoop Awasthi, assistant director of Satpuda.
In Kanha, similar drives were undertaken. "Our team encourages organic
farming as part of our strategy to reduce impact of fertilizers on fields adjoining
prime wildlife areas. Part of our work includes assistance to villagers in
setting up vermi-compost tanks and compost pits," said Amit Awasthi of
Satpuda.
The plantation programmes were also arranged in Pench Maharashtra and Satpuda
Tiger Reserve in MP under the guidance of Conservation officer Ashfaq Aarbi.
Nagpur: The battle of supremacy between the high court and National Green Tribunal (NGT) on NH-7 road widening turned more bitter on Friday. The division bench consisting of BR Gavai and PB Varale at the Nagpur bench of Bombay High Court stayed the contempt proceedings initiated by the principal bench of NGT at Delhi against NHAI and forest officials.
After a marathon two-hour hearing, justice Gavai stayed the order issued by NGT on September 7, which had issued show cause notice asking why state principal secretary (forests), chief general manager (CGM) of National Highways Authority of India (NHAI), and chief conservator of forests (CCF), Nagpur, should not be imprisoned and their property confiscated for indulging in contempt by violating the NGT order not to fell trees on NH-7 between Mansar and Khawasa.
The order was passed by NGT while hearing three wildlife and environment protection NGOs — Srushti Paryavaran Mandal, Nagpur, Nature Conservation Association, Amravati (NCSA), and Conservation Action Trust (CAT), Mumbai. These NGOs are fighting for mitigation measures along NH-7 to safeguard the tiger corridor to Kanha, Pench, Navegaon-Nagzira and Tadoba. Tigers, leopards, guars, wild dogs, and leopards regularly cross NH-7.
After the NGT order on contempt, the beleaguered NHAI and forest department had moved the HC on Wednesday, pleading for protection from the contempt proceedings as they were only following the HC orders on tree felling along NH-7.
Hearing the matter for the second consecutive day, justice Gavai said he plans to initiate contempt proceedings against Srushti. He said HC intends to stay all NGT proceedings pertaining to its jurisdiction.
Srushti counsel Tushar Mandlekar offered an unconditional apology, and said that the petitioners only want meaningful mitigation measures and are not against development. He said Srushti has moved NGT in exercise of its statutory right to appeal, and explained that scope of petitions before the NGT and the HC was different.
Mandlekar and Justice Gavai disagreed on which forum was the appropriate one, HC or NGT. Justice Gavai said the SC should mention which forum is appropriate. He then said that wildlife mitigation measures including two 750 metre underpasses and one 300 metre underpass have been agreed upon by the NHAI, which satisfies the petitioners' demand.
Justice Gavai also said the mitigation measures were agreed upon by NHAI only on the insistence of the HC. He asked whether this could have been achieved by NGT. He also queried how NGT can pass an order against the HC, since the issue in HC was a larger one, in which NGT is interfering. The court also said that under Article 226 its powers are without limits.
Justice Gavai then said the court had received two separate applications from NHAI and forest department seeking a remedy against the contempt notice from NGT. He, however, said the HC is not in a hurry like the NGT and thus this court will only pass interim orders while giving Srushti two weeks to reply to the two fresh applications of NHAI and forest department.
Justice Gavai had raised similar questions in Thursday's proceedings and asked Mandlekar why NGT's principal bench at Delhi was chosen to file a petition when NGT's Pune bench, under which Maharashtra lies, would have been the appropriate place to file an appeal.
Mandlekar than asked why the NHAI and forest department did not object to the jurisdiction issue of NGT over the last four months, since the twin matters were being heard parallel.
Justice Gavai said he intends to invoke contempt proceedings against Srushti. After some time, he also said he intends to invoke contempt against Mandlekar personally. He said "enough is enough" and asked Mandlekar to sit down before dictating the order.
After citing various court orders, Justice Gavai said at the end, "By interim order, we direct that all proceedings of NGT in appeals 25, 44 and 66 of 2015 in so far as area under our jurisdiction is concerned are stayed."
Wildlife conservationists said the HC order was along expected lines. NGT is slated to the hear the matter on Monday.
HC STAND
* Sending officials to jail is the last resort. How can they be sent to jail for obeying HC orders?
* We have examined all the rules and NGT has no jurisdiction to hear the petitions
* HC has constitutional priority over statutory NGT
* Prima facie, NGT should not have entertained the Srushti application
* Srushti counsel Tushar Mandlekar blamed for creating the entire mess
Former Member, Standing Committee of National Board for Wildlife,
Former Member, Maharashtra state Board for Wildlife,
Member, Maharashtra state Bio-diversity Board.
Administrative office:201,Plot 17,”Sapphire”Apptt, 201,Puranik Layout,
Bharat Nagar, Amravati Road, Nagpur. Tel.: 0712-2040288 (Tele-Fax)