Dismissed

Green Space through Its President Mr Praveen Dlima v. Forest Department Government of Goa

NGT6 Feb 2024Original Application No. 203/2023

Case brief

AI extract

What is this about?

The National Green Tribunal dismissed an application challenging the setting up of a saw mill in Goa. The court held that the applicant failed to prima facie prove statutory violations and necessitated dismissal with liberty to file a fresh application with proper legal grounds. A dispute over the authenticity of forest rules also arose.

What did the court decide?

Original Application dismissed with liberty to move a fresh application after pleading specific legal provisions.

Green Space through Its President Mr Praveen Dlima vs… — Environment and Pollution | NGT (2024)

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Item No.3

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(Pune Bench)

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BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE

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[Through Physical Hearing (With Hybrid Option)]

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ORIGINAL APPLICATION NO.203 OF 2023 (WZ)

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Green Space …. Applicant Versus

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The State of Goa & Ors. .…Respondents

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Date of hearing: 06.02.2024

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CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER

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Applicant : Mr. Omkar Mestri, Advocate

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ORDER

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On the previous occasion i.e. on 05.12.2023, we had directed the learned counsel for the applicant to prima facie prove that there was necessity of license to be obtained by respondent No.6 for setting up of saw mill and in response, he has filed today Rule 44 pertaining to “control of private saw pits, saw mills or any other sawing contrivances”, wherein it is laid down that “ (1) no saw pit or any other hand-sawing contrivance or cutting or converting timber shall be established within any reserved forest and protected forest or within 15 kilometres of the limits of such forests without obtaining a license from the concerned Range Forest Officer ”. This Rule is alleged to be of Goa Forest Rules, 1964, but we cannot make out, out of this Rule 44 as to whether it forms part of the Goa Forest Rules, 1964. Therefore, full Rules are required to be placed on record by the applicant, which would show that it is a part of the Goa Forest Rules, 1964.

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[NPJ] Page 1 of 3

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Apart from above, in the light of this Rule 44, when we made a query to the learned counsel for the applicant as to whether the saw mill of respondent No.6, which is alleged to have been set up on Survey No.461/1 of village Anjuna, Goa, falls in a reserved forest or protected forest or within 15 kms of the limits of such forests without obtaining license from the Range Forest Officer and whether the same has been pleaded in the application, he could not say so and now, he submits that he would bring amendment to the application to that effect.

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Further we made a query to the learned counsel for the applicant with respect to pleading made in paragraph No.3 of the application wherein it has been stated that according to the Forest Act of 1927, it is compulsory to take necessary approvals/licenses from the Divisional Forest Officer, State Pollution Board and Fire Department and all other permissions from the required authorities. In the light of this, we made a query to the learned counsel as to which are the provisions of law which mandate that for setting up a saw mill, licenses or approvals from these Authorities i.e. Divisional Forest Officer, State Pollution Board and Fire Department are required. Even that provision could not be shown by him. Now, he seeks permission to bring the amendment in the pleadings.

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Since this is initial stage of the matter as it is yet to be admitted and at this very stage, the applicant is seeking amendment in the pleadings, we deem it appropriate to dismiss this Original Application with liberty to the applicant to move a fresh application citing all provisions of relevant law as well as grounds on the basis of which he is alleging that the saw mill of respondent No.6 is illegally set up and direction is sought to demolish the illegal construction of saw mill of respondent No.6.

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[NPJ] Page 2 of 3

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We dismiss the Original Application with liberty to the applicant as above, subject to limitation.

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Dinesh Kumar Singh, JM

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Dr. Vijay Kulkarni, EM

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February 6, 2024 O.A. No.203/2023 (WZ) npj

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[NPJ] Page 3 of 3

Green Space through Its President Mr Praveen Dlima v. Forest Department Government of Goa

Case brief

What is this about?

What did the court decide?

Green Space through Its President Mr Praveen Dlima v. Forest Department Government of Goa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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