VidhiSangh

Supreme Court of India · 21/10/2022

THE STATE OF UTTAR PRADESH & ORS. ETC. ETC versus UDAY EDUCATION AND WELFARE TRUST AND ANR. ETC

[2022] 19 S.C.R. 781 · 2022 INSC 1131

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Following the MoEFCC's 2016 Wood Based Industries Guidelines and a Forest Survey of India assessment of timber from trees outside forests, Uttar Pradesh granted provisional licences to 1,215 new wood-based industries in 2019. The NGT quashed the licensing as resting on an overstated timber estimate. The Supreme Court restored the licences. The FSI's satellite-based assessment was scientific expert evidence that the NGT could not second-guess. Prohibited species may be felled with permission. Counting timber for plywood units would double-count veneer, and the MoEFCC supported the State. The NGT also breached natural justice under Section 19(1) by not hearing licensees, many already operating, and should have tested the applicants' bona fides. Felling of prohibited species was to be strictly regulated.

Issues

  1. Whether the NGT rightly quashed Uttar Pradesh's grant of provisional licences to new wood-based industries on the ground that the Forest Survey of India had overestimated timber availability.
  2. Whether the NGT could decide the matter without hearing the affected licensees, and whether it should examine the bona fides of the applicants.

Provisions considered

Held

Result

Appeals allowed; the NGT's order in O.A. Nos. 313, 335 and 396 of 2019 and its review orders set aside and the licensing upheld; the State directed to permit felling of prohibited species only on the conditions of the 07.01.2020 notification and to enforce planting and maintaining ten trees for each tree felled; no costs.

Judgment PDF: Supreme Court of India, [2022] 19 S.C.R. 781.