SC declines stay on NGT order against establishment of new wood-based industries in UP

The top court said that prima facie it is in agreement with the tribunal that data has to be collected by the state before permitting new wood-based industries
Supreme Court (Photo | EPS)
Supreme Court (Photo | EPS)

NEW DELHI: The Supreme Court has declined to grant a stay on a National Green Tribunal (NGT) order against the establishment of new wood-based industries till a clear assessment on the district-wise, species-wise and diameter class-wise inventory on the availability of timber for consumption is done by the Uttar Pradesh government.

The top court said that prima facie it is in agreement with the tribunal that data has to be collected by the state before permitting new wood-based industries.

"Of course, this view is subject to a decision to be taken after hearing the parties in detail at a later stage," the top court said in its order on April 22.

The apex court said that the state government is at liberty to pursue their request to the Indian Plywood Industries Research & Training Institute (IPIRTI), Bengaluru to conduct an assessment before taking a decision to grant licence to new wood-based industries.

The court further observed that in view of the importance of issues involved in these appeals, they will be heard during summer vacations or in August 2022.

Uttar Pradesh had proposed to grant licences to 1350 new wood-based industries by a notice dated March 3, 2019. This notice was challenged in public interest by Samvit Foundation, Uday Education & Welfare Trust and U.P. Timber Association by filing pleas before the NGT, Principal Bench, Delhi.

The tribunal on the basis of the data placed before it observed that there would hardly be any industrial wood available for new wood-based industries. It noted that establishment of new wood-based industries would lead to shortage of timber which would result in the industries resorting to illegal means to procure round timber.

Applying the precautionary principles of environmental law, the tribunal had directed the state not to proceed with the proposal for establishment of new wood-based industries till an assessment of the actual availability of timber was done.

When the matter reached the top court, the state government argued that there’s a surplus of timber in the state so much so that it was exported to other states.

It was argued by the state counsel that a state level committee has examined the matter relating to permission to be granted to new wood-based industries and has taken a decision in favour of granting the licences based on expert opinions and studies. Therefore, at least 632 wood-based industries should be granted permission to operate.

The top court however said that it was not convinced that the judgment of the tribunal needs to be stayed.

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