PANAJI
The High Court of Bombay at Goa has ordered that the North and South Goa Tree Authorities, which have been lying defunct at least since 2012 to wake up and carry out a census of the existing trees in the state, which is one of the statutory requirements of the body constituted under the Goa Preservation of Trees Act.
Disposing of a petition filed by the Living Heritage Foundation, which found that the Goa Tree Authority has not met even once since 2012 and instead sought to mislead the Court by hastily calling a meeting in April this year and pretending to take some decisions, the High Court has now asked that the Tree Authorities meet at least once every three months.
“The Tree Authorities, consistent with the provisions of Section 7(b) of the Trees Act, are directed to carry out a census of the existing trees and obtain, whenever considered necessary, declarations from all the owners or occupants about the number of trees in their lands. The Tree Authorities (are) to consider using modern technology such as RFID and geo-tagging for this purpose,” the High Court bench of Justices M S Sonak and M S Jawalkar said.
“This exercise (shall) cover areas comprising the entire State of Goa except for Government forests under the control of the Forest Department, a forest or forest land notified under the Indian Forest Act, 1927 having regard to the provisions of Section 30 of the Trees Act. This exercise is to be completed within a maximum period of one year from today (Tuesday),” the High Court said.
The member secretaries of the two Tree Authorities have been asked to file an initial status report to Court on or before September 20, 2021, indicating the decisions for use of modern technology and the steps for commencement of the census.
With regard to indiscriminate tree felling permissions being issued, as alleged by the petitioner, the High Court ruled that the Tree Officers appointed under the Trees Act must dispose of the applications for felling of trees within 60 days as stipulated in Section 9(3) of the Trees Act by giving reasons for the grant or refusal of such permissions.
“Such decisions must be uploaded by the Tree Officers on the website of the Forest Department and the Tree Officers must consider, making such decisions effective at least 30 days from the date of such publication/uploading on the website. This direction will however not apply to removal of trees which are in a ruinous state or likely to fall thereby endangering life and property,” the High Court ruled.
The current system, the court noted, was mainly based on deemed approvals, in which once permission to cut a tree is filed and is not acted upon, it is deemed to have been granted.
“The disturbing dereliction of duties on the part of the members of the Tree Authorities is compounded by the two affidavits filed by the two Member Secretaries of the Tree Authorities in this petition.
The two Member Secretaries who have filed almost identical affidavits have, on oath, stated that the Tree Authorities are functional in all respects. In defense of the aforesaid indefensible statements, the Member Secretary for North Goa Tree Authority has referred to a meeting of the Tree Authority allegedly held on 26.04.2021. Similarly, the Member Secretary for South Goa Tree Authority has referred to a meeting of the Tree Authority allegedly held on 27.04.2021.
The High Court then pointed out that the government had to respond to the petitions on April 28 which the bench said explained why two meetings were purported to have been held the preceding two days.
The High Court has also directed the State Government to constitute a “Tree Protection Fund” as mandated by Section 35-A of the Trees Act within a maximum period of six months.
