Order of the National Green Tribunal regarding illegal road construction by hotels in Naina Devi Himalayan Bird Conservation Reserve, Budh-Pangot, Nainital, Uttarakhand, 11/12/2023
Order of the National Green Tribunal in the matter of Manoj Singh Vs Principal Chief Conservator of Forest, Uttarakhand & Others dated 11/12/2023. In the application filed under Sections 14 and 15 of the National Green Tribunal Act, 2010, applicant has raised the grievance that some of the hotel owners with the support of the forest department by demolishing and cutting the reserve forest land located on the slanting hills in Naina Devi Himalayan Bird Conservation Reserve in Budh-Pangot area of Nainital, Uttarakhand, have constructed the road. It is alleged that the work of construction of road was done in 2017. Thereafter, widening of the said road had continued till December 2022 by cutting the forest land on the sides of this road in violation of provisions of Forest Conservation Act, 1980 and the guidelines issued by the Ministry of Environment, Forests and Climate Change, March 28, 2019.
The NGT, September 21, 2023 had directed a joint committee for submission of a report within a period of eight weeks. However, even after the passing of more than two and a half months no report has been submitted.
The court expressed its "strong disapproval to the attitude shown by the members of committee" and directed that on December 15, 2023 Wildlife Warden, Uttarakhand, Member Secretary, Uttarakhand Pollution Control Board and the District Magistrate, Nainital should appear before the tribunal to explain why the court's order has not been complied with and no report filed.