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2021 Supreme(Bom) 1153

M.S.SONAK, M.S.JAWALKAR
Living Heritage Foundation – Appellant
Versus
State Of Goa – Respondent


Advocates appeared:
Sreeja Chakraborty, Advocate, D. Pangam, Advocate, M. Correia, Advocate
.

Table of Content
1. petition by ngo regarding defunct tree authorities. (Para 1 , 2 , 3)
2. arguments presented for revival of tree authorities. (Para 4 , 5 , 6)
3. court's concerns over tree authorities' dereliction of duty. (Para 7 , 20 , 22 , 27)
4. statutory provisions that tree authorities failed to enforce. (Para 8 , 9 , 12 , 30)
5. legislative intent and need for effective enforcement. (Para 31 , 34 , 70)
6. court's order for compliance and operation restoration. (Para 74 , 75)

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

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