SC refuses to stay NGT order against establishment of new wood-based industries in UP
Apr 23, 2022
New Delhi [India], April 23 : The Supreme Court has refused to stay the National Green Tribunal (NGT)'s an order which quashed Uttar Pradesh notice dated March 1, 2019, regarding the establishment of new wood-based industries, saw mills in Uttar Pradesh.
A bench of Justices L Nageswara Rao and BR Gavai said, "We have heard the counsel at some length and at present, 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."
The court said the view expressed is subject to a decision to be taken after hearing the parties in detail at a later stage.
However, it clarified that the State Government is at liberty to pursue their request to the IPIRTI, Bengaluru to conduct an assessment before taking a decision to grant a licence to new wood-based industries.
In view of the importance of the issue involved in these appeals, the same is directed to be listed for final hearing during the summer vacation, if the counsel for the parties agree, or else, the appeals may be listed in August 2022, the top court said.
The top court was hearing a plea challenging National Green Tribunal, Principal Bench, New Delhi orders.
The State of Uttar Pradesh proposed to grant licences to 1350 new wood-based industries by a notice dated March 1 2019. But the Uttar Pradesh Govt notice was challenged in the public interest by Samvit Foundation, Uday Education and Welfare Trust and U.P. Timber Association by filing an application before the National Green Tribunal.
The State of Uttar Pradesh justified its notice for issuance of licenses for new wood-based industries on the ground that such industries would lead to the development of the market, generate employment, encourage the planting of seedlings, reduce migration of people, reduce dependence on traditional /cash crops, boost new technology, boost export, reduce import and utilization of resources.
Vide the Impugned Order, the Tribunal disposed of the Original Applications by quashing the notice dated March 1 2019 issued by the State of UP for establishing new wood-based industries/saw mills, including all provisional licenses given in pursuance to the same. While doing so, the Tribunal has expressed its view that it is necessary for the State to have District-wise, species-wise and diameter class wise inventory for arriving at a clear assessment of the availability of timber for consumption by the wood-based industries.
If such a study has not already been done, the Tribunal observed that the Forest Survey of India (FSI) could be assigned the task of conducting such a study and it was only after such credible study and assessment that any decision on the establishment of new wood-based industries can be taken.
On the basis of the data placed before it, the Tribunal had opined that there would hardly be any industrial wood available for new wood-based industries. It had been observed that the establishment of new wood-based industries would lead to a shortage of timber which would result in the industries resorting to illegal means to procure round timber.
