Case Note & Summary
The petitioner, Living Heritage Foundation, an NGO, filed a Public Interest Litigation before the Bombay High Court at Goa complaining that the Tree Authorities constituted under the Goa, Daman and Diu Preservation of Trees Act, 1984 for North Goa and South Goa were virtually defunct and had not discharged any of their duties under Section 7 of the Act. The petitioner sought a writ of mandamus to revive the Tree Authorities, direct a census of trees, co-opt tree experts, and publish information under Section 4 of the Right to Information Act, 2005. The court, after hearing the parties, noted that the Tree Authorities had not conducted a tree census or performed other statutory duties for nearly 37 years since the Act's enactment and from 28.11.2012 when they were constituted. The court held that this constituted a clear dereliction of statutory duty. The court directed the State to ensure the Tree Authorities commence functioning within four weeks, conduct a tree census within six months, co-opt tree experts, and publish all information concerning the Trees Act on the Forest Department's website within four weeks. The court also directed the constitution of a court-monitored committee to oversee the functioning of the Tree Authorities. The petition was disposed of with these directions.
Headnote
A) Environmental Law - Tree Preservation - Statutory Duties of Tree Authorities - Section 7 of the Goa, Daman and Diu Preservation of Trees Act, 1984 - The Tree Authorities for North Goa and South Goa were virtually defunct and had not conducted a census of trees or discharged other duties under Section 7 for nearly 37 years since the Act's enactment and from 28.11.2012 when they were constituted. The court held that this constituted a clear dereliction of statutory duty and directed the State to ensure the Tree Authorities commence functioning within four weeks and conduct a tree census within six months. (Paras 2-4, 6-7) B) Right to Information - Proactive Disclosure - Section 4 of the Right to Information Act, 2005 - The Tree Authorities failed to publish information concerning their functioning on the Forest Department's website as mandated by Section 4 of the RTI Act. The court directed the respondents to categorize and publish all information concerning the Trees Act on the website within four weeks. (Paras 3, 7) C) Public Interest Litigation - Environmental Protection - Revival of Statutory Authorities - The court, in a Public Interest Litigation, issued a writ of mandamus directing the State to revive the Tree Authorities, co-opt tree experts, and carry out an immediate census of trees in Goa. The court also directed the constitution of a court-monitored committee to oversee the functioning of the Tree Authorities. (Paras 3, 7)
Issue of Consideration
Whether the Tree Authorities constituted under the Goa, Daman and Diu Preservation of Trees Act, 1984 are defunct and have failed to discharge their statutory duties, including conducting a census of trees, and whether a writ of mandamus should be issued to revive them.
Final Decision
The court disposed of the petition with directions: (1) The Tree Authorities for North Goa and South Goa shall commence functioning within four weeks; (2) The respondents shall carry out an immediate census of trees in the State of Goa within six months; (3) The respondents shall co-opt tree experts on the Tree Authorities; (4) The respondents shall categorize and publish all information concerning the Trees Act on the website of the Forest Department within four weeks; (5) A court-monitored committee shall be constituted to oversee the functioning of the Tree Authorities.
Law Points
- Statutory duty of Tree Authorities under Section 7 of the Goa
- Daman and Diu Preservation of Trees Act
- 1984
- Mandamus to enforce statutory duties
- Right to Information Act
- 2005 Section 4 proactive disclosure
- Public Interest Litigation for environmental protection
