Last month, the High Court finally gave a go-ahead to the project, even as the NGT issued a stay order on the felling of trees in the corridor. The latter believes that the mitigation plan proposed by the National Highways Authority of India (NHAI) is insufficient and incompetent for a project of this size.
Last week, NGT officials on a site visit found trees being cut down on forest land between Paoni and Chorbahuli. Subsequently, the body issued a show cause to the Forest Department and NHAI asking why it should not initiate contempt proceedings for continuing to fell trees against its order.
In their defense, the Forest Department and the NHAI appealed to Justice Gavai of the High Court. In turn, the HC warned of initiating contempt charges against the three NGOs that had moved the NGT. Pointing to the superiority of the ‘constitutional' HC over the ‘statutory' NGT, Justice Gavai assured the appellants that the HC was monitoring the effects of the expansion, as it had done in previous cases.
On September 7, 2015, the NGT's principal bench headed by Swantanter Kumar specifically said that the District Collector, Commissioner of Police and Superintendent of Police should personally ensure that no more trees are felled. But the instance of tree felling now puts the police officers in contempt.
Initially, the Forest Department had ignored the NGT's order, but after the warning of contempt, it approached the law and judiciary body for counsel. "We have not been served the NGT orders. We can't stop tree felling unless orders are received," said Arti Singh, SP for Nagpur (Rural).
The Tribunal further said that neither of its orders issued to stop tree felling were challenged before the Supreme Court, where the statutory appeal lies. As the NGT put it, "If parties were aggrieved, they were expected to take recourse to the process of law and not violate orders with impunity despite assurances".
While the National Green Tribunal is slated to hear the matter on September 14, the Nagpur bench of Bombay High Court will take up the matter on September 18.
Source: The Times of India
             The Indian Express
