Bombay High Court Issues Directions For Proper Functioning Of Tree Authority In Goa

Being "extremely distressed" by the fact that the Tree Authorities in both the districts of Goa have not functioned at all since about a decade, the Bombay High Court at Goa recently issued several directions for their proper functioning.The said authorities were constituted under the Goa, Daman and Diu Preservation of Trees Act, 1984. A division bench of Justices MS Sonak and MS Jawalkar gave the direction while hearing a petition filed by NGO Living Heritage Foundation. The petitioners pointed out that Tree Authorities for the two districts of North and South Goa are defunct from the date of the enactment of the Trees Act (1984), or in any case, from November 2012, the date on which the two Tree Authorities came to be constituted. Advocate General D. Pangam, conceded that the Tree Authorities in the State of Goa have not been functioning as they ought to have. He submitted that at least hereafter the Tree Authorities in the two districts will function and discharge the duties which they are required to discharge under the Trees Act. Following which the court observed "This is not just some instance of dereliction of statutory duties but this is an instance that points to the scant regard which such authorities and their members have to the cause of the preservation of trees in the State of Goa." It added "Though Article 51A(g) provides that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures, the two Tree Authorities in the State of Goa and its members who are the citizens of India have acted as if no such provisions exist in the Constitution of India or that the provisions of Trees Act and duties which Section 7 has cast upon them, either do not exist or were not meant to be acted upon." The bench while disposing of the petition issued the following directions. 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 having special knowledge or practical experience in the preservation of 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 after serving a copy of the same to the learned counsel for the petitioner. c) The Tree Authorities, consistent with the provisions of Section 7(b) of the Trees Act, 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 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 having regard to 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 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 after serving a copy of the same to the learned counsel for the petitioner. 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. 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. f ) The Tree Authorities, consistent with the...

Bombay High Court Issues Directions For Proper Functioning Of Tree Authority In Goa

Mustafa Plumber

Tags