(A) National Green Tribunal Act, 2010, Section 22 – Environment Law – Criteria issued by the Respondent-State for the identification of ‘forests’ in the State – Challenge as to – Held that the existing criteria for identification of private forests in the State of Goa are adequate and valid, hence, they require no alteration – The Ministry of Environment, Forest & Climate Change guidelines, as well as the Scheduled Tribes & other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, are clear and unambiguous, as they have exempted the application of the Forest Conservation Act, 1980, on areas that are less than 1 hectare and where not more than 75 trees have to be cut. (Para 69)
(B) National Green Tribunal Act, 2010, Section 22 – Environment Law – Criteria issued by the Respondent-State for the identification of ‘forests’ in the State – Challenge as to – Held that it has been noticed that appellant is attempting to take a contrary stand on the issue of criteria for the identification of forests, namely, suggesting a change in criteria for the identification of deemed forests under private ownership – On the one hand, the appellant is challenging the criteria adopted by the Sawant and Karapurkar Committees for the identification of inter alia private forests and on the other hand has relied on the same criteria adopted by these two committees for the identification of forests, including private forests, before the Tribunal -Thus, appellant cannot be permitted to approbate and reprobate – The appellant has also failed in its endeavour to have the second interim report of the Sawant Committee and the criteria laid down thereunder to be revisited in Tata Housing (supra) and before the Tribunal in Nisarga (supra) – In fact, appellant and another NGO had argued before the Tribunal in Nisarga (supra) that the criteria ought to be 10% canopy density, which did not find favour with the Tribunal in the teeth of Tata Housing (supra), and said order passed in Nisarga (O.A. No.19 of 2013) has attained finality – This Court vide its order dated 12.12.1996 had expressly delegated the task of identifying forest areas to Expert Committees to be constituted by State Governments, thereby recognising that there can be no uniform criteria for such identification across the country – Impugned order upheld. (Para 69)
SUPREME COURT OF INDIA
2024 STPL(Web) 52 SC
[2024 INSC 59]
In Re: T.N. Godavarman Thirumulpad Vs. Union Of India And Others
Goa Foundation Vs. State Of Goa And Others
Writ Petition (Civil) No. 202 of 1995 with Civil Appeal No. 12234-35 of 2018-Decided on 24-1-2024
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