- (1.) BY this Application, Applicant -Saiprasad Kalyankar, seeks following directions: a. To grant the application. b. To have a criminal prosecution for all officers who are collusion in this project so that they can make money from illegal mining. c. May pass an order issuing directions to the R.T.O. Sindhudurg, Oros, Tal. Kudal, Dist. Sindhudurg to not to do any further activity in the said land i.e. cutting of remaining trees, levelling of the land, mining of major or minor mineral in any part of total area H.R. 11 -95 -50. d. Pass an order directing the Divisional Forest Officer, Sawantwadi not to give any further permission for cutting of any trees, to make survey of the felling of trees, to have departmental action. e. Pass an order direction issuing to the Maharashtra Government Irrigation Department not to delete the land from notified irrigated command area. f. Pass an order directing the Respondents to take immediate remedial and effective measures to replant all the trees as in 7/12 extracts in entire land and effective measures for restoration of entire ecology of the said area. g. Pass an order of directing stringent action to be taken against officers of forest department, Sawantwadi and officers of R.T.O. Sindhudurg and his contractors for dereliction of duty. h. To pass appropriate orders imposing fine and cost of restoration of the ecology of land under tree plantation. i. The applicant craves leave to raise additional pleas and or additional grounds at an appropriate stage and also craves leave of this Hon'ble Tribunal to refer to and rely upon and or to file the relevant and necessary documents at the time of hearing of the instant application if necessary j. Pending hearing and final disposal of this Application. i To cancel all permissions from environment/forest Dept. for project. ii. To pass order issuing directions to the Regional Transport Officer (R.T.O.) Sindhudurg, Kudal, Dist. Sindhudurg to stop any further activity of cutting of trees, levelling of mountain, digging of soil, breaking of land, and mining of major/minor minerals in the land. iii. To pass an order issuing direction to the Vankshetrapal (RFO), Sawantwadi not to give any permission for tree cutting and to make survey of illegal tree cutting. i. To pass any other relief and further reliefs as the circumstances of the case may require.
(2.) THE Application is purportedly filed under Sections 14, 15 and 18 of the National Green Tribunal Act, 2010. For sake of convenience the Applicant will be referred to hereinafter by his name i.e. "Saiprasad Kalyankar". He is Chartered Accountant by profession. He claims to be interested in protection of environment.
(3.) BEFORE we proceed to go to the pleadings of Saiprasad Kalyankar, it will be appropriate to understand the conspectus of a common project undertaken by Govt. of Maharashtra vide its Resolution dated March 25th, 2008, which provides for modernization and computerization of 30 check posts. This Govt. Resolution (G.R.) refers to modernization of 22 border check posts in the State of Maharashtra of the transport department as per classification made according to the traffic flow at each of the check post. Under the said GR, the Maharashtra State Road Development Corporation (MSRDC) was authorized to change location of existing border check posts. A joint survey was conducted by the Experts of MSRDC along with the Transport and State Excise department officers and a proposal for setting of check posts at suitable locations near Goa border, was submitted to the competent authority. Thereafter by Govt. Resolution dated July 9th, 2008, process for acquisition of lands for modernization and setting up of 22 check posts was set in motion. One of such check post existing earlier at the location of village Insuli, was decided to be shifted to village Banda. Certain lands were decided to be acquired for such purpose, including land Survey No. 195 (New Survey No. 189 -C),, Hissa No. 5, of village Banda, of which Saiprasad Kalyankar was the owner. He challenged acquisition of that land by filing Writ Petition No. 133 of 2011 in the Hon'ble High Court of Judicature at Bombay. He also challenged Govt. decision to shift location of Insuli check post to Banda. The Hon'ble Division Bench by order dated 5th April, 2013, dismissed said Writ Petition No. 133 of 2011 along with similar Writ Petition No. 4961 of 2012. Thus, acquisition of land Survey No. 195 (New Survey No. 189 -C), as well as Govt. decision to modernize and establish the check post at Banda, was permitted due to such decision as well as in view of the order passed in PIL No. 147 of 2009. This background is set out in the light of averments made in the Application to the effect that the land bearing Survey No. 195 (New Survey No. 189 -C), Hissa No. 5, is wet land, forest land and being used for illegal mining. Saiprasad Kalyankar alleges that he is aggrieved by the illegal acts of the Respondents due to felling of trees, illegal mining and degradation of environment in the area, particularly, on account of modernization project at Banda check post.;