Supreme Court Refuses To Stay NGT Order Against Establishment Of New Wood Based Industries In Uttar Pradesh

The Supreme Court refused to stay an order passed by National Green Tribunal which 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.

Prima facie, we are in agreement with the Tribunal that data has to be collected by the State before permitting new wood-based industries, the bench comprising Justices L. Nageswara Rao and B R Gavai observed.

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.

Before the Apex Court, the state contended that there is no dearth of timber availability in the State and that the decision taken for permitting new wood-based industries is in larger public interest as there would be generation of revenue as well as employment for a large number of rural populations. It requested that the court that at least 632 wood based industries should be granted permission to operate.

"We are not convinced that the judgment of the Tribunal needs to be stayed. Prima facie, we are in agreement with the Tribunal that data has to be collected by the State before permitting new wood-based industries. Of course, this view is subject to a decision to be taken after hearing the parties in detail at a later stage", the bench observed.

The  court clarified that the State Government is at liberty to pursue their request to the Indian Plywood Industries Research & Training Institute (IPIRTI), Bengaluru to conduct an assessment before taking a decision to grant licence to new wood-based industries.

In view of the importance of issue involved in these Appeals, the bench directed them to be listed for final hearing during the summer vacation, if the counsel for the parties agree or else, in August, 2022.

Case: STATE OF UTTAR PRADESH vs UDAY EDUCATION AND WELFARE TRUST  

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