Large scale illegal felling of trees in Kathua
Mohinder Verma
JAMMU, Apr 30: In a landmark decision, the State Information Commission has asked the Administrative Secretary of the Forest Department to conduct in-depth inquiry into large scale illegal felling of trees in Kathua, fix the responsibility and initiate action as connivance of the officials of the department in brazen loot and plunder of green gold has clearly been established.
The recommendation in this regard has been made by the Information Commissioner Mohammad Ashraf Mir while deciding 2nd Appeal filed by one Sanjeev Gupta highlighting concealing of information by the Public Information Officer-cum-Divisional Forest Officer, Social Forestry Division Kathua and inaction on the findings of Tehsildar Mahanpur and the committee of forest officers.
During the course of proceedings before the State Information Commission, the appellant submitted that the reply furnished by the Divisional Forest Officer, Social Forestry Division Kathua that no tree has been felled was incorrect, wrong and misleading. To buttress his argument, the appellant produced Communication No.556-57/SFK dated September 26, 2017 from the same PIO to another RTI applicant informing him that 6036 trees were felled in Wooden Phase-I and II Phail as per the work order.
The PIO had also informed the another applicant that his office had no record of the report of Naib Tehsildar dated March 22, 2017 confirming that 78 trees were felled illegally by the contractor by going beyond the mandate of work order.
The appellant also produced a copy of the report which was submitted by a committee comprising of Deputy Director, Forest Protection Force, Gamma Unit 3-4 Billawar, Divisional Forest Officer, Billawar Forest Division and Divisional Forest Officer, Social Forestry Division Basohli to the Chief Conservator of Forests Jammu where under it was mentioned that 15274 trees were felled against the sanctioned extraction of 6036 trees.
On this, the PIO submitted that the report of the committee of officers regarding felling of 15274 trees has not been validated by the competent authority as such cannot be commented upon. However, the appellant, while challenging the submissions of PIO, stated that PIO was protecting the forest mafia operating in the area by hiding the actual information about illegal felling of green oak trees despite the fact that oak is a reserved tree notified under Section 37 of the Jammu and Kashmir Land Revenue Act, 1996.
“No action has been taken by the Forest Department on the report of Tehsildar Mahanpur submitted to Deputy Commissioner Kathua and the committee of officers as the officers of the department were hand in glove with the contractor in illegal felling of green trees”, the appellant submitted.
After going into the depth of the case, the Information Commissioner Mohammad Ashraf Mir observed, “felling of green trees is a horrible and destructive thing to do to the nature. The loss of trees causes several problems and cutting forests has a number of negative effects on soil, water, climate and the ecosystems they are part of”.
“The facts in the present case suggest that in the name of thinning operation, the Social Forestry Department has allowed the forest area to be wantonly vandalized by the contractor. Such vandalism would not be possible without the overt or covert support of the concerned forest officers/officials.”, the Commission said, adding “no action on the reports of Tehsildar Mahanpur and the committee of forest officers establishing illegal felling of trees indiscriminately and in excess of sanctioned number points towards a greater malaise and connivance of high and mighty in the loot”.
“The reports of Tehsildar Mahanpur and the committee of forest officers unequivocally establish the fact that the concerned contractor namely Ashok Kumar has felled far more green trees than what was sanctioned/allotted to him by virtue of the work order issued by Divisional Manager (Ext.) SFC Jammu”, the Commission observed, adding “not only has the contractor felled 15274 trees against the allotted quota of 6036 trees but he has also felled 1329 trees of 0-10 dia class, which were not to be felled and exceeded the specified limit of felling 10-12 dia class trees by 2,337 trees of that class”.
“This blatant and palpable violation of the approved work order and brazen loot of green gold would not have been possible without active support and connivance of the concerned forest officials”, the Commission said.
Stating that PIO tried his level best to hide information on one pretext or the other, the Commission further said, “the allegations of connivance appear to have been established by the reports of Tehsildar Mahanpur and the committee of forest officers, to which the present PIO was a signatory, and this calls for an in depth inquiry at a higher level”.
Accordingly, the Commission has recommended that the Administrative Secretary, Forest Department, being the head of the Public Authority at the State level, should order an inquiry into the issue of felling of standing trees in excess of the sanctioned/ allotted quantity, felling of prohibited 0-10 dia class trees and exceeding the permitted limit of 10-12 dia trees in Phase I, II & III, Plail.
“The inquiry committee shall also go into the issue of not taking any action by the department on the reports submitted by Tehsildar Mahanpur and the committee of forest officers and fix responsibility. Moreover, the inquiry committee should be directed to submit its report within a period of one month from the date of its institution and the findings along with the action taken report by the Administrative Department shall be shared with the Commission for information and compliance of this order”, the Information Commissioner said.
“A copy of this order shall also be furnished to the Chief Secretary for his information and appropriate orders keeping in view the gravity of the issue involved”, the Commission said.
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