As per compliance of provisions of the Biological Diversity Act, 2002 and Biological Diversity Rules, 2004, including constitution of Biodiversity Management Committees (BMCs) as per Section 41 of the Act and maintaining Peoples Bio Diversity Registers (PBRs) as required under Rule 22(6). Whereas, in the matter of Chandra Bhal Singh Vs. Union of India & Others O.A. No. – 347/2016 on dated 16/12/2020 the National Green Tribunal ordered as -:
1) In para – 5, “The matter was thereafter considered on 09.08.2019 in the light of the report of MoEF&CC dated 02.08.2019. The Tribunal observed: -
In sub-para - 7. We regretfully note that the matter on PBR progress noted is ‘zero’ in the States of Arunachal Pradesh, Bihar, Chhattisgarh, Gujarat, Jammu & Kashmir, Karnataka Madhya Pradesh, Manipur, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh and West Bengal. On the subject of BMC, there is zero progress in Bihar and Jammu & Kashmir.”
2) In para -7, “We have also perused the written submissions filed on behalf of the applicant on 16.02.2020 commenting about the compliance as follows:
In sub-para - 4. That a perusal of the Compliance Report dated 13.02.2020 shows that: -
“(ii) Out of 2,48,140 BMCs, PBRs have been prepared by 95,252 BMCs. This implies that more than 61% of the BMCs are yet to prepare their PBRs. It is important to note that while in the Union Territory of Jammu and Kashmir, State of Bihar and Rajasthan none of the BMCs have prepared their PBRs till date while Uttar Pradesh has achieved 100% target in PBR preparation.””
3) In para – 9 “The status mentioned in the report is as for the table mentioned in sub-point – 6 The status of BMCs formed and PBRs prepared in different states are as follows:”
4) In para – 10 “After the said report, a further report has been filed by the NBA on 14.12.2020 giving the status as on 08.12.2020 as follows: -
In sub-para – 7 –
Whereas, you and your organization has sincerely declared and claimed for completion of order of compliance given by the NGT within stipulated time and submitted it to NBA-Chennai, in the page no. – 62 of published & uploaded Annual Report for year 2021-2022.
Now, I the undersigned applicant would like to raise the query of information from you to provide me the below listed documents u/s 6(1) of RTI act 2005 –
Required –
1) Reference through circular/notification no. -10084 dated 20/10/2022 from Mr. Mihir Kumar Singh (Pradhaan Sachiv), kindly provide the filled and submitted to NBA- Chennai the Form no. – 1 (User Registration) and Form no. -2 (Add member details) for the constitution of Biodiversity Management Committee u/s 41(1) of Biodiversity Act 2002, Rule -22 of Biodiversity Rule 2004 and Rule 25 of Bihar Biodiversity Ruling 2017, at entire local bodies levels of – District, Block and Panchayat in Bihar State.
2) Refer to aforesaid mentioned the claimed and declaration of completion of compliance of NGT Order in your Annual Report -2021-2022. Kindly provide the People’s Biodiversity Register (PBR) for entire state of Bihar, which has been submitted to NBA Chennai.