AIROnline 2022 SC 683 – Legal Firms

National Green Tribunal Act (19 of 2010) , S.19, S.20— Establishment of new wood based industries (WBIs) – Setting aside of licenses issued – Court permitted grant of additional licenses if additional timber was found to be available – Estimation that sufficient timber was available legally to run new WBIs was done by FSI by applying scientific method and had arrived at conclusion based on satellite data – No infirmities found in issuance of licenses for establishment of new WBIs – Order of National Green Tribunal setting aside licenses issued for establishment of new WBIs, erroneous.

In the instant case, the Court had permitted grant of additional licenses if the additional timber was found to be available, in the accordance with the 2016 Guidelines, the FSI conducted the survey and submitted its report. In said report estimation showing that sufficient timber was available legally to run new WBIs was done by FSI by applying scientific method and had arrived at conclusion based on satellite data. The learned NGT has brushed aside such a scientific exercise and set aside licenses issued for establishment of new wood based industries.
Held, estimation that the sufficient timber was available legally to run new WBIs was done by FSI by applying scientific method and had arrived at the conclusion based on satellite data. No infirmities found in is….