New Delhi, Oct 21 (PTI) The Supreme Court on Friday upheld the decision of the Uttar Pradesh government to grant provisional licenses for establishing new wood based industries (WBIs), but reminded the state and its authorities about their duty to protect the environment.

Observing that the state should ensure that necessary steps are taken for arresting the problem of declining forest and tree cover, the apex court said conservation of forest plays a vital role in maintaining the ecology.

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The top court said there is no doubt that protection of environment is of utmost importance and it is the duty of this generation to protect it for future generations.

"Though we find that for the sustainable development of the State and on account of the availability of timber, sanction of granting licenses can be permitted to continue, however, as a responsible State, it needs to ensure that environmental concerns are duly attended to," a bench of Justices B R Gavai and B V Nagarathna said.

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It directed the UP government to ensure that while granting permission for felling trees of prohibited species it should strictly ensure that the approval is granted only when conditions specified in the January 7, 2020 notification are satisfied.

The bench said the state shall also ensure that when such permissions are granted, the applicants scrupulously follow the mandate in the notification of planting 10 trees against one felled and maintaining them for five years.

The top court set aside the orders passed by the National Green Tribunal (NGT), including the one quashing the March 1, 2019 notice issued by the state for establishing new WBIs.

The NGT had also set aside all provisional licenses given pursuant to the notice.

The top court observed that the NGT had taken a "lopsided view" and committed "patent error" in ignoring the expert's report and sitting in appeal over them.

It noted that the NGT had also failed to take into consideration the stand taken by the Ministry of Environment and Forest and Climate Change which supported the stand of the state.

"Though we are allowing the appeals, setting aside the orders of the NGT, and upholding the action of the state government in granting licenses, we would like to remind the state and its authorities that it is their duty to protect the environment," the bench said in its 75-page verdict.

It observed that in this case, there is scope to infer that the litigation could be at the behest of the existing WBIs who wanted to avoid competition and continue to get raw material at a cheaper rate.

"We find that before a litigant is permitted to knock the doors of justice and seek orders which have far reaching effects of affecting the employment of thousands of persons, stopping investment in the state, prejudicing the interests of the farmers; the credentials and bonafides of the applicants must be tested," it said.

The bench noted that there is a scope to infer that it could be at the behest of the WBIs in the adjoining Yamuna Nagar district of Haryana where lakhs of tons of timber is exported from Uttar Pradesh.

"There is scope to infer that it could be in the interest of middlemen who are engaged in exporting timber from Uttar Pradesh to Haryana," it said.

The apex court requested the NGT that when credentials and bonafides of such litigants are seriously raised and when entertaining their grievance, which is likely to adversely affect the rights of many, it should ensure their bonafides and credentials.

While allowing the appeals against NGT orders, including those delivered on review applications filed by the state and provisional license holders, the bench said the State and its authorities should make meaningful and concerted efforts to ensure that green cover in Uttar Pradesh is not reduced.

"As such, preservation and sustainable management of forests deserve to be given due importance in formulation of policies by the state," the bench observed, adding, "It is necessary that, while protecting the environment, the need for sustainable development has also to be taken into consideration and a proper balance between the two has to be struck".

The bench noted that the January 2020 notification issued by State provided that prohibited trees shall not be felled till December 31, 2025 except under unavoidable circumstances, such as when a tree is dead or dying or it constitutes a danger to persons or property, or its felling is necessary for executing development work approved by the government or if the fruit bearing capacity of such tree has declined substantially.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)