the goan I network
PANAJI
The Bombay High Court at Goa has stayed the indiscriminate felling of trees at the Mopa airport site and directed that the appeal against the permission to cut 21,703 trees at the Mopa airport site be now heard by the Principal Chief Conservator of Forests on its merits even as it came down heavily on the State administration particularly two officers of the Forest Department for dealing with the matter “in a most casual manner.”
The Federation of Rainbow Warriors represented by Siddharth Karapurkar challenged the order dated March 7, 2018, passed by the Conservator of Forests, who is the Appellate Authority under the Goa Preservation of Trees Act and has sought to restrain the authorities from cutting any trees at the proposed Mopa airport site.
The Tree Officer had granted permission on February 6, 2018, for the cutting 21,708 trees which was challenged by the Petitioner by filing an appeal.
Adv Nigel Costa Frias representing the Federation of Rainbow Warriors submitted that there is a complete non-application of mind, by both the Tree Officer while passing the order granting permission and by the Conservator while disposing of the Appeal.
“While the Officers have disposed off the proceedings under the Act in most perfunctory manner, large-scale cutting of trees is going on and it is causing substantial damage to the ecology of the area,” Adv Costa Frias told the Court.
“On the face of it, the order (granting permission to cut the trees) is bereft of any reasons. The Tree Officer has to apply his mind and give reasons for granting such permission. More so when the permission is granted to cut around 21,703 trees, an entire area of forest. Even assuming trees have to be cut from the area for the public project, it has to be ascertained exactly how many trees are required to cut, whether some can be saved or transplanted, what conditions can be imposed to ensure strict supervision and check any abuse by the contractors. The order is completely lacking in this exercise,” the High Court noted.
“The matter became worse in the Appellate proceedings,” the High Court observed.
“The order dated 7 March 2018 passed by the Conservator, has 16 paragraphs. First 14 paragraphs narrate how the proceedings reached the Conservator. Thereafter, the appeal has been disposed off on the ground that the National Green Tribunal is seized of the matter,” the Court noted in its order.
“There is complete and utter failure on the part of the Conservator of Forest to exercise its powers as an Appellate Authority, the order passed by
PETITIONER’S SAY
There is complete non-application of mind, by both -- Tree Officer while passing the order granting permission and by the Conservator -- while disposing off the appeal
Officers have disposed off the proceedings under the Act in most perfunctory manner
Large-scale cutting of trees going on and is causing substantial damage to ecology of the area
GOVERNMENT’S TAKE
Advocate General submits that land had been acquired several years ago for the project
Environmental clearance under the Environment Protection Act had been duly obtained
Though it has been challenged before National Green Tribunal, there is no interim relief staying the project
The Tree Officer has to apply his mind and give reasons for granting permission to cut around 21,703 trees
It has to be ascertained exactly how many trees are required to be cut, whether some can be saved or transplanted
There is complete and utter failure on part of the Conservator of Forest to exercise powers as an Appellate Authority
We will be failing in our duty if we do not take some deterrent steps about the most casual manner the appeal has been decided by the Conservator of Forests
Such exercise of power can erode the faith of people in the rule of law
