SC slams U’khand for its ‘bland’ approach in controlling forest fires

Criticizing the Uttarakhand government for its ‘bland’ approach in controlling forest fires, the Supreme Court on Wednesday directed the state secretary to personally present himself before the government on May 17 to provide explanations, including on the use of funds and vacancies in the forest department.

The Supreme Court called it a “very unfortunate turn of events” and said the state was just trying to find some excuse.

A bench headed by Justice BR Gavai directed that the personnel and vehicles of the forest departments of states should not be requisitioned for election purposes or other purposes such as the ‘Char Dham Yatra’.

“We are at pains to say that the State of Uttarakhand’s approach to controlling the fires has been lax at best. Although action plans have been prepared and finalized, no steps are being taken for their implementation,” the government leader said. bench, also comprising Justices SVN Bhatti and Sandeep Mehta.

The top court was hearing a plea on raging forest fires in Uttarakhand.

The bench said that when funds from the Compensatory Afforestation Fund Management and Planning Authority (CAMPA) were available and also sanctioned by the central authority, it saw no reason why only Rs 3.41 crore out of Rs 9.12 crore was used for forest-related activities. in Uttarakhand in 2023-2024.

The bank noted that it also saw no reason why the balance was not used for forestry.

“Another issue that needs to be addressed is the huge vacancies in the forest department of the state of Uttarakhand,” the report said.

The bench noted that one of the grievances raised by the state was regarding failure to disburse the National Disaster Management Fund or the State Disaster Management Fund on time.

“We fail to understand how the state could have any grievances regarding the disbursement of the state disaster management fund, to the extent that it is within the domain of the state to disburse the said funds,” the report said.

“It is further pertinent to note that on the one hand, the state claims that the resources i.e. manpower and vehicles are not available and on the other hand, it retains a large number of vacancies…,” the bench noted on.

It said that keeping in mind the importance of controlling forest fires in Uttarakhand, the apex court had asked Additional Solicitor General (ASG) Aishwarya Bhati to take directions regarding disbursement of funds for the financial year 2023-2024.

The bench said that as far as CAMPA funds are concerned, it has been submitted that these funds lie with the state and it was for the state to release them for works carried out by the forest department.

It noted that regarding the exemption of field officers of the Forest Department from election duty, Char Dham Yatra and other related activities, the Election Commission has already exempted its staff and vehicles from elections and related purposes through various decisions.

“Be that as it may, we direct that in all states, both forest personnel and forest vehicles shall not be requisitioned for election purposes or other purposes such as ‘Char Dham Yatra’,” the bench said.

She also directed the Center to explain its position regarding timely disbursement of National Disaster Management Fund and funds under centrally sponsored schemes.

“We direct the Secretary of State of Uttarakhand to remain personally present in this court on May 17,” the report said.

The bench said the chief secretary will explain why the CAMPA fund of only Rs 3.4 crore was released for the financial year 2023-24, while the Center had sanctioned Rs 9.12 crore.

“It will also be explained whether the said fund is used for other purposes not related to forestry activities,” the report said.

The bench said it will also explain the steps being taken to release the state disaster management fund and how many vacancies remain to be filled.

It said the chief secretary will explain within what time the vacancies in the forest department will be filled and also what measures the state intends to take to prevent fires due to highly flammable pine needles.

The bench said it would explain whether forest personnel were deployed for election duties despite the specific exemption granted by the poll panel.

It also noted that senior advocate Rajiv Dutta, who has filed a case against forest fires in Uttarakhand, has argued that the army in Ranikhet used pine needles for power generation. Lawyer Neha Singh is assisting Dutta in the case.

“We believe that the state must take a number of concrete decisions in this regard,” the bank said.

During the hearing, the State Counsel briefed the court about forest fires and the measures taken to control them.

“On the last hearing date, the rosy picture you painted was incorrect,” the bank noted.

The state counsel said the Supreme Court may constitute a committee comprising representatives of the Central Empowered Committee, the Centre, the state and others, which could suggest a holistic approach to address the issue.

First print: May 16, 2024 | 12:18 pm IST