Dismissed

Rambha Devi v. Ministry of Environment Forest and Climate Change

NGT1 Feb 2024Original Application No. 14/2024

Case brief

AI extract

What is this about?

The applicant questioned the increase in saw mills in Bihar citing insufficient forest cover. The court found the present application premature and directed the applicant to approach the appellate authority.

What did the court decide?

The present Original Application stands dismissed as not maintainable being premature.

What the court decided

Rambha Devi vs Ministry of Environment Forest and Climate… — Environment and Pollution | NGT (2024)

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Item No.02

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Court No.1

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BEFORE THE NATIONAL GREEN TRIBUNAL EASTERN ZONE BENCH, KOLKATA

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(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

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Original Application No.14/2024/EZ

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IN THE MATTER OF:

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Rambha Devi, W/o Subhash Thakur, R/o Ward No.7, Ninwaliya, Mahanagni, West Champaran District, Bihar, Pin – 845438,

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…Applicant(s)

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Versus

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Ministry of Environment, Forest and Climate Change, Through its Secretary, New Delhi, Indira Paryavaran Bhawan, Jor Bagh, New Delhi, Pin – 110003,

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State of Bihar, Through Chief Secretary, Government of Bihar, Main Secretariat, Patna, Pin – 800015,

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Department of Environment, Forest & Climate Change, Through PCCF & Principal Secretary, Ground Floor, Sinchai Bhawan, Harding Road, Patna Secretariat, Patna, Pin – 8000015,

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Director General of Forest, Office of Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh, New Delhi, Pin – 110003,

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…Respondent(s)

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Date of hearing: 01.02.2024

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CORAM: HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON’BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

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For Applicant(s) : Mr. Prakash Pandey, Advocate, (in Virtual Mode)

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ORDER

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Heard Mr. Prakash Pandey, learned Counsel appearing (in Virtual Mode) for the Applicant.

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This Original Application has been filed by the Applicant, seeking quashing of the Notification dated 29.08.2023 issued by the Department of Environment, Forest and Climate Change, Government of Bihar.

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It is stated that since prior to the said notification there were 2272 Saw Mill Units, 279 Veneer Units and 142 Plywood industries existing in the State of Bihar but by the impugned notification the number of Saw Mills has increased to 3200 Units and Composite Units to 450 Units.

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The allegation is that as per the Forest Report no significant increase has been recorded in the forest cover in as much as, as per the India State Forest Report of 2019, forest cover was 7.76% and in 2021 it was 7.84, which is an increase of 0.08% whereas the number of saw mills has been increased upto 50%. It is stated that as per the report of the Forest Survey of India, the State of Bihar has a geographical forest cover area of 7.23%.

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It is apprehended that with installation of new advanced machinery, consumption of existing Units will go up by four times with respect to the forest cover of 7.84% in Bihar as against the target of 33%.

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Supplementary affidavit dated 30.01.2024 has been filed on behalf of the Applicant bringing on record the “National Forest Policy, 1988” issued by the Government of India, Ministry of Environment, Forest and Climate Change on 07.12.1988.

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Para 4.1 of the Policy/Resolution of 1988 mentions that ‘ the national goal should have to be a minimum of one-third of the total land area of the country under forest or tree cover. In the hills and in mountainous regions, the aim should be to maintain two-third of the

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area under such cover in order to prevent erosion and land degradation and to ensure the stability of the fragile eco-system’.

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Learned Counsel for the Applicant submitted that in terms of the National Forest Policy, 1988, the State of Bihar ought to have a minimum one-third of the total land area under forest cover or tree cover whereas at present the tree cover in the State of Bihar is only 7.23%.

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The Hon’ble Supreme Court by its order dated 19.12.2003 passed in Writ Petition (Civil) No.202 of 1995 ( T.N. Godavarman Thirumulpad Vs. Union of India & Ors. ), referring to its previous order of 29/30^th October, 2002, held that “No State or Union Territory shall permit any unlicensed saw-mills, veneer, plywood industry to operate and they are directed to close all such unlicensed unit forthwith. No State Government or Union Territory will permit the opening of any saw-mills, veneer or plywood industry without prior permission of the Central Empowered Committee. The Chief Secretary of each State will ensure strict compliance of this direction. There shall also be no relaxation of rules with regard to the grant of licence without previous concurrence of the Central Empowered Committee. ”

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In para 7 of the order of the Hon’ble Supreme Court it is noted that in pursuance to the earlier order passed by the Hon’ble Supreme Court on 05.10.2015 in Writ Petition (Civil) No.202 of 1995 ( T.N. Godavarman Thirumulpad Vs. Union of India & Ors.), the Ministry of Environment, Forests and Climate Change, has issued Wood Based Industries (Establishment and Regulation) Guidelines, 2016, vide Notification No. S.O.3456 (E) dated 11.11.2016.

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In para 43 of this order, previous order of the Hon’ble Supreme Court dated 29.10.2002 has been extracted, which we have already referred to hereinabove.

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Thereafter, the Ministry of Environment, Forests and Climate Change (Survey and Utilization Division) vide its Resolution dated 11.09.2017 framed guidelines in pursuance of the directions of the Hon’ble Supreme Court dated 05.10.2015 in T. N. Godavarman Thirumulpad (supra).

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In para 3 of these Guideline, a State Level Committee was constituted comprising of the following Members:-

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_a) _	Principal Chief Conservator of Forests/Head of Forest Department Chairperson	Chairperson
_b) _	A representative of the Regional Office of the Ministry of Environment, Forest and Climate Change	Member
_c) _	A representative of the State Forest Department not below the rank of a Conservator of Forests dealing with preparation of Working Plans/Working Schemes	Member
_d) _	Director/Additional Director of Department of Industries	Member
_e) _	Representative of the each Autonomous District Council constituted in accordance with the provisions of the Sixth Schedule to the Constitution, in case any such Council exists in the State	Member
_f) _	Representative of the Forest Development Corporation, in any such corporation exists in the State	Member
_g) _	An officer not below the rank of Conservator of Forests within the Forest Head Quarters	Member Secretary

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(h) The State Level Committee may nominate any other officer working in territorial wing of the Forest Department not below the rank of CF.

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Para 4 of the Guidelines lays down the powers and functions of the

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State Level Committee which read as under:-

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“4. Powers and functions of the State Level Committee.

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The State Level Committee shall:-

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(i) Assess the availability of timber for wood based industrial units in the State/UT every five years.

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(ii) Assess quantity of different raw material requirement for wood based industrial units which may be sustainably harvested from trees outside forest areas in the State/UT.

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(iii) Assess annual requirement of timber and other forest produce in the domestic markets in the State.

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(iv) Maintain a database of timber and other raw materials utilized by each wood based industrial unit permitted to establish and operate in the State/UT during each financial year.

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(v) Approve appropriate locations for setting up of wood based industrial units.

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(vi) Approve the name of wood based industrial units which may be considered for grant of fresh license or enhancement of the existing licensed capacity in case the committee is satisfied that timber is available legally for the said new Wood Based Industries (such as Trees outside forest, forests etc.).

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(vii) The State Level Committee will ensure that the amount lying with the respective State Forest Department (recovered from Wood Based Industries) will be utilized for the purpose of afforestation only.

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(viii) Examine and make appropriate recommendations on any other matter referred by the State Government or the Ministry of Environment, Forest and Climate Change.

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Amended as:-

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3. The entries under para-4 of these guidelines are substituted with the following:-

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The State Level Committee (SLC) shall:-

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i. assess the availability of timber in the state by way of appropriate study on demand and supply and as and when it decides. SLC shall devise suitable mechanism for sustainable use of timber in a way that does not affect the forests of the area adversely.

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ii. approve the name of wood based industries which may be considered for grant of fresh license or enhance of the existing licensed capacity in case the SLC is satisfied that timber is available legally for the said new Wood Based Industries (such as Trees outside forest, Forests etc.).

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iii. ensure that the amount lying with the respective State Forest Departments (recovered from Wood Based Industries) is utilized for the purpose of afforestation only.

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iv. examine and make appropriate recommendations or any other matter referred by the State Government to the Ministry of Environment, Forest and Climate Change.”

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Para 9 of these Guidelines provides that “any person aggrieved by any decision taken by the State Level Committee may file an appeal before the concerned Regional Office of the Central Government in the Ministry of Environment, Forest and Climate Change seeking appropriate relief within 60 days’ time” .

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Para 9 of these Guidelines further provides that any person aggrieved by the orders so passed in the appeal, may prefer an appropriate petition/application/appeal in the High Court having jurisdiction over the concerned State/UT.

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The Ministry of Environment, Forest and Climate Change vide Notification No. S.O. 3946 (E) dated 05.09.2023, has constituted a permanent authority to be known as ‘Central Empowered Committee’ for purposes of monitoring and ensuring compliance of the orders of the Hon’ble Supreme Court passed in T.N. Godavarman Thirumulpad (Supra).

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