Supreme Court Upholds UP Govt Decision To Grant Licences To New Wood Based Industries ; Reminds It About Duty To Protect Environment

Setting aside the orders passed by National Green Tribunal, the Supreme Court upheld the Uttar Pradesh Government decision granting licences to new wood-based industries.

The bench comprising Justices BR Gavai and BV Nagarathna observed that the State and its authorities should ensure that environmental concerns are duly attended to. 

The State of Uttar Pradesh had proposed to grant licences to 1350 new wood-based industries by a notice issued in March 2019. The said notice was challenged in public interest by Samvit Foundation, Uday Education & Welfare Trust and U.P. Timber Association by filing Original Applications before the National Green Tribunal. The National Green Tribunal, on the basis of the data placed before it, opined that there would hardly be any industrial wood available for new wood-based industries. It observed that establishment of new wood-based industries would lead to shortage of timber which would result in the industries resorting to illegal means to procure round timber. Applying the precautionary principles of environmental law, the Tribunal directed the State to not proceed with the proposal for establishment of new wood-based industries till an assessment of the actual availability of timber was done.

Allowing the appeal filed by the State, the Supreme Court observed that the NGT failed to take into consideration the concerns expressed by the State.

"The learned NGT has committed patent error in ignoring the expert's report and sitting in appeal over the same. The learned NGT has also failed to take into consideration the stand taken by the MOEFCC, which supported the stand of the State. As already discussed herein above, the State had emphasized many advantages of granting new licenses to WBIs. It was also emphasized that the timber from the State of Uttar Pradesh was being exported to the State of Haryana. However, none of these aspects have been considered by the learned NGT. We are, therefore, of the considered view that the impugned orders of the learned NGT are not sustainable in law", the bench observed.

While allowing the appeals, the bench issued the following directions to the State:

(1) 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.

(2) The State Government shall also ensure that when such permissions are granted to the applicants, the applicants scrupulously follow the mandate in the said notification of planting 10 trees against 1 and maintaining them for five years.

"The State and its authorities should ensure that necessary steps are taken for arresting the problem of declining forest and tree cover. The State and its authorities should make meaningful and concerted efforts to ensure that the green cover in the State of Uttar Pradesh is not reduced and to ensure that it increases.", the court added.

Case details

State of Uttar Pradesh vs Uday Education and Welfare Trust | 2022 LiveLaw (SC) 868 | CA 2407-2412 OF 2021| 21 October 2022 | Justices BR Gavai and BV Nagarathna

Headnotes

National Greent Tribunal Act, 2010 - Appeal against NGT order that directed the State of Uttar Pradesh to not proceed with the proposal for establishment of new wood-based industries till an assessment of the actual availability of timber was done - Allowed - The Courts should not enter into an area that is the domain of the experts. FSI, an expert body, had arrived at its estimation based on the scientific method - NGT could not have sat in appeal over the opinion of the expert - 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 - NGT has also failed to take into consideration the stand taken by the MOEFCC, which supported the stand of the State which had emphasized many advantages of granting new licenses to WBIs - While setting aside NGT orders, the following directions are issued (1) 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. (2) The State Government shall also ensure that when such permissions are granted to the applicants, the applicants scrupulously follow the mandate in the said notification of planting 10 trees against 1 and maintaining them for five years.

National Green Tribunal Act, 2010 - When the credentials and bonafides of a litigant approaching the NGT are seriously raised, the same cannot be ignored 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 and bonafides of the applicants must be tested. (Para 98-99)

Environment - The conservation of forest plays a vital role in maintaining the ecology. It acts as processors of the water cycle and soil and also as providers of livelihoods. As such, preservation and sustainable management of forests deserve to be given due importance in formulation of policies by the State. (Para 101)