TEAM HERALD
PANJIM: The National Green Tribunal (NGT) has directed that the survey of an area which is in dispute whether it is a private forest or land fit for development in Ponda taluka, be completed by the Thomas Committee within eight weeks.
Giving the directions in the Nisarga & Anr Vs Asstt Conservator of Forests & Ors case, Justice V R Kingaonkar, Judicial Member and Dr Ajay A Deshpande, Expert Member directed that if necessary, the State Government, including office of District Land Surveyor/Inspector of Survey and Measurement, (DSLR) as well as the Conservator of Forests/DFO and other agencies, ‘shall give required assistance, manpower and available equipment, etc, for the survey work of the said Committee.’
The order also said that the government could give directions to the District Inspector of Lands Record (DILR) to do needful and to give proper assistance to the Thomas Committee by sparing services of adequate surveyors for conducting survey and measurement, as may be required by the Committee during the period of survey.
‘The Thomas Committee should take into account all the parameters as laid down by the Hon’ble Apex Court from time to time from TN Godavarman Vs Union of India & Ors onwards, till the date and shall demarcate area of private forests vis-à-vis the survey map which is placed on record in the context of lands of villages, which are under survey,’ says the order. ‘The report of the Thomas Committee shall be placed on record within a period of eight weeks and if any impediment is noticed during the intervening period the Committee is at liberty to approach this Tribunal, in order to remove difficulties and for any kind of assistance that may be needed.’
According to the NGT it appeared that the Thomas Committee visited Ponda taluka on February 26, 2013. It appears that survey Nos193, 194, 156 and 157, of village Betora were inspected, as well as survey No 127 of that village was also inspected by the Committee. ‘The Committee also visited village Borim. It appears that the Committee conducted ocular inspection of the area, although no scientific study was carried out during such visit.’ ‘On prima facie evaluation, during the said visit, based upon what the members of the committee could see by the naked eyes, they formed an opinion that the canopy density was more than 0.4 and the area could be of private forest, but the actual extent of area can be identified only after survey is conducted,” coming to a conclusion that ‘it is a matter of thorough survey, which needs to be carried out by the Thomas Committee.’
In an order dated April 28, 2009, the High Court had directed Respondent Nos 1 to 4 to maintain status quo in relation to other survey numbers, referred in the map enclosed as Annexture-I of the original petition, the NGT opined that it was essential to complete the work of survey as early as possible, in order to avoid further complications and difficulties faced by the property holders s.
In an earlier hearing Senior Counsel, Kanade, appearing for the Respondent No 5, had submitted that the land has been plotted and several plots have been allotted to various individuals. Also the construction work is yet to commence. According to him in view of the earlier report of Karapurkar Committee, the land cannot be termed as a part of ‘forest land’ and therefore, NOC cannot be challenged.
