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The National Green Tribunal discarded a plea challenging the transfer of forestland (159 hectares) to establish an Indian Institute of Technology in Jammu district. The National Green Tribunal claimed that it lacked jurisdiction to hear the plea.
Justice Swatanter Kumar, Chairperson of National Green Tribunal clarified that the Jammu & Kashmir Act 1990 deals with the felling of trees in the state and it does not come under the enactments mentioned in NGT Act 2010 (Schedule I). Therefore, the National Green Tribunal does not have the jurisdiction to solve the present controversy.
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Justice R.S. Rathore wrote a judgment that the state government of Jammu and Kashmir issuing an order on February 16, 2016, indicating that the transfer of forestland for the non-forest purpose, i.e., allocating 159 hectares of land for the construction of IIT Jammu has become uncertain now. The tribunal could not implement the order due to lack of statutory jurisdiction.
Mr. Nigam Priye Saroop filed a plea challenging the transfer of 159 hectors of land for Indian Institute of Technology, Jammu. The petitioner claimed that felling of trees in 159 hectares of land will damage the environment and the government must roll back the decision. The petitioner further claimed that allocating forest land is not judicial and the government can allot waste and unproductive land for the same. He also pointed that a vast area of unproductive land is present in other districts like Samba, Udhampur and Rajouri.
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The petitioner also expressed his concern over the fact that allocating forest land will also disturb wildlife. Giving a reply to the plea, National Green Tribunal clarified that it does not have any authority to implement the order passed by the state government.
