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SUPREME COURT OF INDIA
L. NAGESWARA RAO, B.R. GAVAI, JJ.
The State of Uttar Pradesh & Ors. Etc. - Appellants
Versus
Uday Education and Welfare Trust & Anr. Etc. - Respondents
Civil Appeal No(s). 2407-2412 of 2021 With Civil Appeal No. of 2022 @ Diary No(s). 13067 of 2020), Civil Appeal No. of 2022 @ Diary No. 13642 of 2020), Civil Appeal No. of 2022 @ Diary No. 20888 of 2021), Civil Appeal No. of 2022 @ Diary No. 13568 of 2020), Civil Appeal No. of 2022 (@ SLP(C) No. 8296-8297 of 2020), Civil Appeal No. of 2022 @ Diary No. 17445 of 2020), Civil Appeal No. of 2022 @ Diary No. 6948 of 2021), Civil Appeal No. of 2022 @ Diary No. 27465 of 2021), C.A. No. 2547-2548 of 2020
Decided On : 22-04-2022
Environment - Wood-based Industries - National Green Tribunal - Forest Conservation Act, 1980, Environment (Protection) Act, 1986 - The Tribunal quashed the notice for establishing new wood-based industries and provisional licenses, directing the State to conduct a credible study of timber availability before making any decision. The State Level Committee's decisions and the lack of fresh assessment by IPIRTI were discussed. The Court refused to stay the Tribunal's judgment, emphasizing the need for data collection before permitting new wood-based industries.
Fact of the Case:
The State of Uttar Pradesh proposed to grant licenses to 1350 new wood-based industries, which was challenged before the National Green Tribunal. The Tribunal quashed the notice and provisional licenses, emphasizing the need for a credible study of timber availability before permitting new wood-based industries.
Finding of the Court:
The Court refused to stay the Tribunal's judgment, agreeing with the need for data collection before permitting new wood-based industries. It directed the State to pursue a credible assessment of timber availability before making any decision.
Issues: The main issue was the validity of the State's proposal to grant licenses for new wood-based industries without a credible study of timber availability.
Ratio Decidendi: The Court emphasized the importance of conducting a credible study of timber availability before permitting new wood-based industries, as mandated by the Forest Conservation Act, 1980 and the Environment (Protection) Act, 1986.
Final Decision: The Court refused to stay the Tribunal's judgment and directed the State to pursue a credible assessment of timber availability before making any decision. The Appeals were directed to be listed for final hearing.
ORDER :
Leave granted.
1. These Appeals have been filed against the judgment passed by the National Green Tribunal, Principal Bench, New Delhi (hereinafter, ‘the Tribunal’) dated 18.02.2020 and the orders dated 02.12.2020 and 21.12.2020 by which the review applications against the judgment dated 18.02.2020 were dismissed.
2. The State of Uttar Pradesh proposed to grant licences to 1350 new wood-based industries by a notice dated 01.03.2019. The said notice was challenged in public interest by Samvit Foundation, Uday Education & Welfare Trust and U.P. Timber Association by filing Original Applications before the National Green Tribunal, Principal Bench, New Delhi. The Tribunal passed an order dated 28.03.2019 directing the joint committee comprising of Principal Secretary (Forest) U.P. and Principal Chief Conservator of Forest, U.P. to submit a report. The said report was submitted on 03.08.2019 in which it was stated that sufficient wood was available for establishing new wood-based industries in the State of UP. However, the Tribunal had expressed prima facie disapproval for establishment of the new wood-based industries and directed status quo to be maintained by an order dated 01.10.2019.
3. The State of Uttar Pradesh filed an application for modification of the order dated 01.10.2019. On 08.12.2019, the Tribunal directed the State to furnish the following data -
“(i) District wise data of the existing saw mills/Wood Based Industries with their number, capacity and availability of wood species wise for the said saw mills for the period of three years.
(ii) Justification for new saw mills/Wood Based Industries in terms of availability of demand and supply of timber-species wise. This data be supplied for the districts where such new saw mills/Wood Based Industries are proposed to be set up along with the note on carrying capacity of such areas to sustain new saw mills/Wood Based Industries.
(iii) Mechanism to ensure that no trees are cut from the government forests or private trees of categories which are not exempted.”
4. In compliance of the order of the Tribunal dated 18.12.2019, an affidavit was filed on behalf of the State of Uttar Pradesh on 22.01.2020 giving details of the district wise data of the existing saw mills and wood-based industries with their number, capacity and availability of wood species wise for the saw mills for a period of 3 years. The State of Uttar Pradesh justified its notice for issuance of licenses for new wood-based industries on the ground that such industries would lead to development of market, generate employment, encourage planting of seedlings, reduce migration of people, reduce dependence on traditional /cash crops, boost new technology, boost export, reduce import and utilization of resources. It was further mentioned by the State Government that there would be an investment of about Rs. 3,000 crores in the State with the establishment of new wood-based industries and 80,000 people, mostly in the rural areas of the State would be benefited by getting employment. It was also brought to the notice of the Tribunal that 632 out of 1215 wood-based industries having provisional licenses were ready for operation and therefore the status quo granted on 01.10.2019 will cause irreparable hardships.
5. Vide the Impugned Order, the Tribunal disposed of the Original Applications by quashing the notice dated 01.03.2019 issued by the State of UP for establishing new wood-based industries/saw mills, including all provisional licenses given in pursuance to the same. While doing so, the Tribunal expressed its view that it is necessary for the State to have District-wise, species-wise and diameter class wise inventory for arriving at a clear assessment of the availability of timber for consumption by the wood-based industries. If such study has not already been done, the Tribunal observed that Forest Survey of India (FSI) could be assigned the task of conducting such study and it was only after such credible stu
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