Case Note & Summary
The petitioner, Federation of Rainbow Warriors, a society registered under the Societies Registration Act, 1860, filed a Public Interest Litigation before the Bombay High Court at Goa challenging the order dated 7 March 2018 passed by the Conservator of Forests (Appellate Authority) under the Goa, Daman and Diu Preservation of Trees Act, 1984. The Appellate Authority had upheld the permission granted by the Tree Officer (Deputy Conservator of Forests) on 6 February 2018 to fell 21703 trees at the proposed Mopa Airport site. The petitioner also sought to restrain the respondents from felling any trees pursuant to that permission. The court entertained the petition as the petitioner fulfilled the criteria for maintaining a PIL. The petitioner had earlier filed Appeal No.3/2018 before the Appellate Authority, which was disposed of on 7 March 2018, but the copy of the order was not immediately available. The matter was mentioned and kept on board, and the order was handed over by the Advocate General. The petitioner's counsel argued that there was complete non-application of mind by both the Tree Officer and the Conservator of Forests. It was also submitted that the petitioner had approached the National Green Tribunal challenging the environmental clearance for the project, and the NGT had initially granted an ad-interim order but later vacated it. The court heard the counsel for the petitioner and the Advocate General for the respondents. After considering the submissions, the court found that the Appellate Authority had considered the contentions raised by the petitioner and passed a reasoned order. The court held that there was no ground to interfere with the impugned order and dismissed the petition. The court also noted that the petitioner had an alternative remedy before the National Green Tribunal regarding environmental clearance, but that did not affect the present challenge under the Trees Act. The petition was dismissed with no order as to costs.
Headnote
A) Public Interest Litigation - Locus Standi - Maintainability - Petitioner society registered under Societies Registration Act, 1860, challenged tree felling permission for Mopa Airport - Court entertained the petition as petitioner fulfilled criteria for PIL (Paras 3). B) Environmental Law - Tree Felling Permission - Goa, Daman and Diu Preservation of Trees Act, 1984 - Tree Officer granted permission to cut 21703 trees at Mopa Airport site on 6 February 2018 - Petitioner filed Appeal No.3/2018 before Conservator of Forests (Appellate Authority) - Appellate Authority dismissed appeal on 7 March 2018 - Petitioner challenged both orders alleging non-application of mind (Paras 2, 4, 6). C) Administrative Law - Non-Application of Mind - Appellate Authority's Order - Petitioner argued that both Tree Officer and Conservator of Forests failed to apply mind - However, Court found that the Appellate Authority had considered the contentions and passed a reasoned order - No ground to interfere (Paras 6-7). D) Environmental Law - Environmental Clearance - National Green Tribunal - Petitioner had earlier approached NGT challenging environmental clearance for the project - NGT granted ad-interim order but later vacated it - This fact was noted but not decisive for the present petition (Para 6).
Issue of Consideration
Whether the order dated 7 March 2018 passed by the Conservator of Forests (Appellate Authority) under the Goa, Daman and Diu Preservation of Trees Act, 1984, upholding the Tree Officer's permission to fell 21703 trees at the Mopa Airport site, suffers from non-application of mind and is liable to be set aside.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Public Interest Litigation
- Locus Standi
- Tree Felling Permission
- Goa Daman and Diu Preservation of Trees Act 1984
- Appellate Authority's Order
- Non-Application of Mind
- Environmental Clearance
- National Green Tribunal
