JUDGMENT

M.S. Sonak, J. - Heard Ms. Sreeja Chakraborty for the Petitioner and Mr. D. Pangam, learned Advocate General who appears with Ms. M. Correia, Additional Government Advocate for the Respondents.

2. The petitioner, a Non-Government Organization (NGO) has instituted this petition complaining that the Tree Authorities constituted under the Goa, Daman and Diu Preservation of Trees Act, 1984 (Trees Act) are virtually defunct and not discharging any of the duties, which they are required to discharge in terms of Section 7 of the Trees Act.

3. The petitioner, based upon the pleadings in the petition and by reference to the provisions of the Trees Act has applied for the following substantive reliefs:

(a) For a Writ of Mandamus to ensure the immediate revival of the Tree Authorities for the Districts of North Goa and South Goa so that they commence functioning in terms of the Trees Act and to constitute a court-monitored committee to oversee their functioning;

(b) For a Writ of Mandamus directing the respondents to carry out an immediate census of the trees in the State of Goa;

(c) For a Writ of Mandamus directing the respondents to co-opt tree experts on the Tree Authorities for the Districts of North Goa and South Goa;

(d) For a Writ of Mandamus directing the respondents to categorize and publish all information concerning the Trees Act on the website of the Forest Department as mandated by Section 4 of the Right to Information Act, 2005 (RTI).

4. Ms. Sreeja Chakraborty, the learned counsel for the petitioner took us to the provisions of the Trees Act, pleadings, the material in support of the pleadings which is mainly the RTI replies received from the respondents and submitted that the Tree Authorities for the two districts of North and South Goa are defunct from the date of the enactment of the Trees Act, or in any case, from 28.11.2012, the date on which the two Tree Authorities came to be constituted. She submits that most of the duties, which the Tree Authorities were required to discharge, which includes the census of existing trees, have not been discharged despite the expiry of almost 37 years from the date of the enactment of the Trees Act. She submits that the Tree Authorities have failed to comply with the provisions of Section 4 of the Right To Information Act, 2005 (RTI) which obligates them to publish all information concerning their functioning in the public domain. Based upon all this, Ms. Chakraborty submits that the reliefs as prayed for in this petition may be granted to activate the Tree Authorities to discharge their duties under the Trees Act.

5. Mr. D. Pangam, the learned Advocate General, at the very outset, accepted that the Tree Authorities in the State of Goa have not been functioning as they ought to have and even appreciated the petitioner for bringing to fore this issue. He submitted that at least hereafter the Tree Authorities in the two districts will function and discharge the duties which they are required to discharge under the Trees Act. The learned Advocate General submitted that even the information which is required to be published in terms of Section 4 of the RTI will be published on the website of the Forest Department within about six months from today. He submitted that Section 3 (3) of the Trees Act does not cast any mandate for co-option of representatives of Non-Official Organizations and submitted that