Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Wood Based Industries National Green Tribunal Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | National Green Tribunal Act, 2010: ss. 19(1), 20, 22 – Wood Based Industries [Establishment and Regulation] Guidelines 2016 – Need for sustainable development – Provisional license – Issuance of, for establishment of Wood based industries-WBIs – Timber assessment for Trees Outside Forest-TOF in the State of U.P. for WBIs by the Forest Survey of India-FSI – E-lottery held for grant of licenses to various WBIs and issuance of provisional licenses to 1215 successful applicants in the 8 categories to set up their WBIs – Subsequently, issuance of notice by the Government of UP communicating the same to WBIs – Challenged to, by the respondent – Direction by the National Green Tribunal to the U.P. State to submit a report and to review its notice with regard to the establishment of new WBIs – NGT then quashed and set aside the notice issued by the State Government for establishing new WBIs and all the provisional licenses given – NGT held that WBIs can be allowed to operate only after ensuring timber and raw material availability to sustain such industries and this was to be determined in actual terms and not on mere assumptions – On appeal, held: Estimation arrived at by the FSI was by applying a proper and adequate scientific method – Courts should not enter into an area that is the domain of the experts – Duty of the State as well as its citizens to safeguard the forest of the country – Principles of natural justice are required to be followed even in administrative actions when such actions adversely affect the rights of the citizens – Furthermore, before a litigant is permitted to knock the doors of justice and seek orders which have far reaching effects of affecting the employment of thousands of persons stopping investment in the State, prejudicing the interests of the farmers; the credentials of the applicants must be tested – While protecting the environment, the need for sustainable development has also to be taken into consideration and a proper balance between the two has to be struck – For the sustainable development of the State and on account of the availability of the timber, sanction of granting licenses can be permitted to continue, however, as a responsible State, it needs to ensure that environmental concerns are duly attended to – Thus, the State Government directed to ensure that while granting permission for felling trees of the prohibited species, it should strictly ensure that the permission is granted only when the conditions specified in the Notification dated 7th January 2020 are satisfied – Impugned orders of the NGT are not sustainable in law and thus, are quashed and set aside. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai |
Neutral Citation | 2022 INSC 1131 |
Petitioner | The State Of Uttar Pradesh & Ors. Etc. Etc |
Respondent | Uday Education And Welfare Trust And Anr. Etc |
SCR | [2022] 19 S.C.R. 781 |
Judgement Date | 2022-10-21 |
Case Number | 2407-2412 |
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