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B. R. GAVAI, B. V. NAGARATHNA
State of Uttar Pradesh – Appellant
Versus
Uday Education and Welfare Trust – Respondent
| Table of Content |
|---|
| 1. challenge to ngt's ruling on wbis. (Para 2 , 3 , 4) |
| 2. overview of procedures leading to issuance of licenses. (Para 5 , 6 , 12 , 13 , 14 , 15) |
| 3. arguments supporting the establishment of wbis. (Para 18 , 19 , 20 , 21 , 22 , 25 , 28) |
| 4. response highlighting environmental principles. (Para 29 , 30 , 31 , 34 , 36) |
| 5. explaining ngt’s rationale. (Para 39 , 40 , 63 , 64 , 67) |
| 6. conclusion setting aside ngt's orders. (Para 98 , 99 , 100 , 102 , 104) |
JUDGMENT :
B.R. GAVAI, J.
1. For the reasons stated in the applications for impleadment/intervention, the same are allowed.
2. This bunch of appeals challenges the order dated 18th February 2020, passed by the learned National Green Tribunal, Principal Bench, New Delhi (hereinafter referred to as “the learned NGT”) in Original Application Nos. 313, 335 and 396 of 2019, thereby quashing and setting aside the notice dated 1st March 2019 issued by the State of Uttar Pradesh for establishing new wood based industries (hereinafter referred to as “WBIs”) and also setting aside all the provisional licenses given in pursuance thereof.
3. The appeals also challenge the orders dated 18th March 2020, 2nd December 2020, and 21st December 202
The central legal point established is the requirement for a credible study of timber availability before permitting new wood-based industries, in accordance with the Forest Conservation Act, 1980 an....
Regulatory bodies tasked with managing forest resources have the authority to facilitate technological upgrades in wood-based industries to ensure sustainable resource consumption, provided such poli....
The operation of illegal saw mills violates the Forest Conservation Act, necessitating immediate cessation and regulatory compliance to prevent ecological damage.
Unlicensed saw mills in forest areas violate Forest Conservation Act; states must close them, per Supreme Court directives.
In all matters falling with the ambit of the National Green Tribunal, it is only the jurisdiction of the National Green Tribunal which can be invoked; and the petitioners should not be permitted to i....
(1) Court cannot be permitted to usurp functions assigned to the Executive, Legislature or subordinate legislature – Courts cannot issue directions to Legislature for enacting laws in a particular ma....
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