Goemkarponn desk
PANAJI:
Passing historical directions, the Bench of High Court of Bombay at Goa has observed for the last 10 years the Tree Officers have allowed 99.26% of the applications for felling of trees and rejected hardly 0.74% of such applications.
The HC also observed that no tree census has been carried out, and the tree authorities have(both South and North) have not held even a single meeting since 2012.
Following are the directions passed by HC:
a) The Tree Authorities are directed to meet at least once in every three months as mandated by Section 4(1) of the Trees Act and to discharge the duties for which they are responsible in terms of Section 7 and other provisions of the Trees Act;
b) The Tree Authorities are directed to meet and consider the co-option of up to three representatives of Non-Official Organisations with special knowledge or practical experience in preserving trees in terms of Section 3(3) of the Trees Act. Such meeting to be held within two months from today and compliance report together with the decision as reflected in the minutes to be placed before this Court on or before 20.09.2021.
c) The Tree Authorities are directed to carry out a census of the existing trees and obtaining, whenever considered necessary, declarations from all the owners or occupants about the number of trees in their lands. The Tree Authorities to consider using modern technology such as RFID and geo-tagging for this purpose. This exercise to cover areas comprising the entire State of Goa except for Government forests under the control of the Forest Department, a forest or forest land notified under the Indian Forest Act, 1927, regarding the provisions of Section 30 of the Trees Act. This exercise is to be completed within a maximum period of one year from today. The Member Secretaries of the two Tree Authorities to, however, file an initial status report in this Court on or before 20.09.2021 indicating the decisions for the use of modern technology and the steps for commencement of the census after serving a copy of the same to the learned counsel for the petitioner;
d) The Tree Authorities, consistent with the provisions of Section 7(c) of the Trees Act must specify standards regarding the number and kind of trees which each locality, type of land, and premises shall have and which shall be planted subject to a minimum of five trees per hectare in the case of rural areas. This exercise is to be completed within a maximum period of six months from today. The Member Secretaries of the two Tree Authorities to file a compliance report in this Court on or before 31.12.2021.
e) The Tree Authorities, consistent with the provisions of Section 7(e) of the Trees Act must take appropriate measures for planting and transplanting of trees necessitated by the construction of buildings, new roads or widening of existing roads, or replacement of trees which have failed to come up along roads or for safeguarding danger to life and property.
f ) The Tree Authorities, consistent with the provisions of Section 7(g) of the Trees Act must take appropriate measures for planting and maintaining a such number of trees as may be considered necessary according to the prescribed standards on roads, in public parks, and gardens and on the banks of rivers or lakes or seashores.
g) The Tree Authorities, consistent with the provisions of Section 7(i) of the Trees Act to undertake a critical study of the proposals of various Government Departments and private bodies for construction of buildings, roads, factories, irrigation works, laying out of electric, telephone, telegraphic and other transmission lines with regard to the protection of existing trees and planting of more trees, wherever possible. A status report in this regard to be filed by the Member Secretaries in this Court on or before 31.12.2021 after serving a copy of the same to the learned counsel for the petitioner;
h) The Tree Authorities are hereby directed to comply with the obligations cast upon them by Section 4 of the Right to Information Act, 2005 and to upload the information prescribed in the said Section on the website of the Forest Department and 51 PILWP NO.8-2021 even otherwise make available such information in the public domain by other suitable means. The minutes of the meetings of the Tree Authorities and the decisions reflected therein must also be invariably uploaded on such websites and made available in the public domain.
i) The Tree Officers appointed under the Trees Act must dispose of the applications for felling of trees within 60 days as stipulated in Section 9(3) of the Trees Act by giving reasons for the grant or refusal of such permissions. Such decisions must be uploaded by the Tree Officers on the website of the Forest Department and the Tree Officers must consider, making such decisions effective at least 30 days from the date of such publication/uploading on the website. This direction will however not apply to removal of trees etc. which are in a ruinous state or likely to fall thereby endangering life and property i.e. situations governed by Section 12-A of the Trees Act;
j) The Tree Officers should, unless the Proviso to Section 10 of the Trees Act is being invoked, specify in the order granting permissions to fell trees the details of the kind of and location at which, trees are to be planted/replanted, such order, should be invariably uploaded on the website of the Forest Department and even otherwise made available in the public domain;
k) The State Government is now directed to constitute the “Tree Protection Fund” as mandated by Section 35-A of the Trees Act within a maximum period of six months from today.
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