PANJIM: The National Green Tribunal yesterday (18.8.2020) passed a 24 page judgement bringing down the curtains on a petition filed by the Goa Foundation for finalization of the reports of Sawant and Karapurkar Committees in connection with identification of private forests in the State. (Copy of the judgement is enclosed).
The Sawant and Karapurkar Committee (S&K) reports, identifying forests on private lands including comunidades, were completed by 2002 and submitted to the Goa government, following a direction given by the Supreme Court of India on 12.12.1996. Both Committees identified a total of 67.12 sq km of private forests in the state. (The reports of two more committees are still to be finalized by the Goa government, but these are not part of this petition).
In 2003, the Goa Foundation moved a petition before the Bombay High Court for demarcation of these forests on the ground, since some of the survey numbers were only partly having forest as per the reports. Pursuant to this petition, the Forest Department undertook physical inspection and demarcation of the identified forest patches. However, its demarcation report produced in 2008 reduced the private forests identified by the S&K reports to 41.20 Sq km. Huge plots belonging to some major reality firms were found excluded from the definition of forest.
The Goa Foundation challenged this reduction of the private forest area via a writ petition. The petition was transferred by the Bombay High Court to the NGT in 2013.
In the meanwhile, in another forest matter disposed of by the NGT, the Goa Foundation, in 2015, moved the Supreme Court and obtained an interim injunction against conversion of any green or wooded area in Goa with a canopy density of 10% and above, having area of 1 ha and above. That stay is continuing till date.
In 2016, the NGT directed setting up of a review committee which would survey the disputed areas and submit a report. This committee, headed by Ms Deepshikha Sharma, IFS and Deputy Conservator (Working Plan), was set up only in 2018. The Sharma Committee examined the S&K reports, and identified, besides the 41.20 Sq km demarcated by the Forest Department, an additional area of 4.91 sq km. Thus the forest area stood at 46.11 sq km.
The Sharma Committee submitted its report on 21.6.2019. Government of Goa did not accept it. The Goa government appointed instead one more committee headed by Anthony D’Souza, Joint Secretary, Revenue. The D’Souza Committee was directed to review the work of the Sharma Committee. Later it was asked to review only the 4.91 sq km additional forest identified by the Sharma Committee.
The NGT had directed the final forest report to be deposited with it by 1.7.2019. However, because of the appointment of the D’Souza Committee, the Goa government was forced to pay Rs.1 crore performance guarantee, Rs.50 lakh as penalty, and Rs.61 lakh additional fines @Rs.10,000 per day (for every day of delay in filing the final report).
The D’Souza Committee excluded only 1.04 sq km from the Sharma Committee report of 4.91 sq km additional area.
The NGT judgement passed yesterday has refused to accept the D’Souza Committee report. It has accepted Goa Foundation’s plea to approve the area of 46.11 sq km as the final area of private forest as per the S&K reports. It thus appears that the entire amount of public money amounting to Rs.2 crore 11 lakh has been a costly error on the part of the Goa government. All that money has gone to the Central Pollution Control Board which has no connection with Goa, even while the Goa government is selling securities for cash to pay its employees.
The Goa Foundation pursued these forestry cases from 1999 till 2020, a total of 21 years. The NGT has directed the Goa government to pay the Goa Foundation the costs of the litigation.
