The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the raging forest fires in Nainital District in Uttarakhand.
The Petition is registered suo-moto on the basis of the news item dated 27.04.2024.
As per the news item, the fire has now reached the High Court colony in Pines area.
The article states that to control the situation an Indian Airforce M-17 helicopter used a Bambi Bucket to collect water from Bhimtal lake and then poured it over the burning forests in various areas of the district, including Pines, Bhumiadhar, Jyolikot, Narayan Nagar, Bhawali, Ramgarh, and Mukteshwar.
The article further states that 31 new incidents of forest fire were reported across the state, resulting in the destruction of 33.34 hectares of forest land.
The news item states that the fire had engulfed an old, vacant house near the Pines but did not cause any damage to the High Court Colony, although it came dangerously close to the buildings. As a precautionary measure, the district administration has prohibited boating in Naini lake.
The news item discloses that since November 1 last year, Uttarakhand has reported a total of 575 incidents of forest fire, affecting 689.89 hectares of forest area and resulting in a cost of more than Rs 14 lakh to the State.
The news item raises substantial issue relating to compliance of the environmental norms, especially compliance of the Forest (Conservation) Act, 1980 and the Environment (Protection) Act, 1986.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Prakash Shrivastava , Justice Arun Kumar Tyagi and Dr. Afroz Ahmad impleaded the following as respondents in the matter:
(1). Ministry of Environment, Forest and Climate Change, through its Special Secretary and Director General of Forest.
(2). Principal Chief Conservator of Forests, Uttarakhand.
(3). Chief Executive Officer of the State Disaster Management Authority, Uttarakhand.
(4). Chairman of the State Disaster Management Authority, Nainital/District Magistrate of Nainital.
The Bench issued notice to the Respondents and listed the matter on 19.07.2024.