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2020 Supreme(Online)(NGT) 230

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Adarsh Kumar Goel, CJ, S.P. Wangdi, J, Satyawan Singh Garbyal, EM, Nagin Nanda, EM
Uday Education & Welfare Trust – Appellant
Versus
State of U.P. – Respondent


Advocates:
For the Appellants/Petitioners: Not specified
For the Respondents: Not specified

ORDER

1. These two Review Applications have been filed by the State of UP against common order of this Tribunal dated 18.02.2020 in O.A. 335/2019, Samvit Foundation v. State of U.P. & Ors. and O.A. No. 313/2019, Uday Education & Welfare Trust v. State of U.P. & Ors.

2. The issue considered by this Tribunal was validity of decision to establish more wood-based industries, without correctly determining availability of timber to sustain the same, as required in terms of judgments of Hon’ble Supreme Court inter-alia in State of H.P. v. Ganesh Wood Products , (1995) 6 SCC 363, T.N. Godavarman v. U.O.I. , (1997) 2 SCC 267, (2006) 1 SCC 1, (2009) 16 SCC 398 and (2012) 12 SCC 297.

3. The Tribunal considered the matter after giving due opportunity to the State and the affected wood based industries. The Tribunal considered the affidavit dated 22.01.2020 filed by the Divisional Director of Forest, Hathras, on behalf of the State of UP, giving 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. The Tribunal also considered written note filed on 18.02.2020 on behalf of State

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