Order of the National Green Tribunal regarding non implementation of National Forest Policy and violation of Forest (Conservation) Act by the Govt. of Jharkhand, 18/05/2015
Order of the National Green Tribunal (Eastern Zone Bench, Kolkata) in the matter of Anil Kumar Singh Vs The State of Jharkhand & Ors dated 18/05/2015 regarding non implementation of National Forest Policy and violation of Forest (Conservation) Act by the Govt. of Jharkhand. In this MA filed by the respondents, the state of Jharkhand, raised the issue on maintainability of the OA mainly on two fold grounds – (1) no breach of environmental law has been asserted in the petition with supporting documents; (2) The applicant being a State Govt. servant is not legally entitled to file this application assailing the environmental issue under the Forest Conservation Act before this National Green Tribunal in its Eastern Zonal Bench.
The Tribunal in its order said that "we are of the confirmed view that the applicant is entitled to move this OA before this Tribunal for protection of environment and challenging the breach of environment laws and being a Govt. servant his right to seek remedy with regard to environmental protection which cannot be taken away in the name of discipline."