Goa amendment on coconut tree wrong, legally untenable: Panel

A Parliamentary panel today termed as "wrong" the Goa government's decision to classify coconut as 'palm' instead of 'tree' and sought Centre's intervention in the matter even as it observed that the amendment to this effect won't stand legal scrutiny.
The Parliamentary Standing Committee on Science and Technology, Environment and Forest, headed by Rajya Sabha MP Ashwani Kumar, also noted that there was ambiguity in the legislation regarding the description of coconut tree and palm.
"It was noted that classifying coconut as 'palm' is a wrong decision, which is not in favour of protection of the fruit. Coconut has given so much to Goa, and one cannot play with its preservation," a committee member said.

The panel expects the Central government to intervene and make the state government withdraw the amendment, he said.
Goa Legislative Assembly last month passed the Goa, Daman and Diu Preservation of Tree Act reclassifying coconut tree as a palm.
"The net effect of this amendment to Tree Preservation Act is if it (coconut) is not grass and not tree then what is it? If absence of description of a particular species leads to its destruction, then surely the law needs to change (sic)," Ashwani Kumar told reporters.

The amendment allowing felling of coconut trees without permission has fuelled a debate as coconut (Cocos nucifera) belongs to the Arecaceae (palm) family whereas palms do not grow branches.

"...Therefore, we tried to understand the situation. If you make a classification of this kind, it is unlikely to stand judicial scrutiny," he said.
Kumar said the panel has directed Union Ministry of
Environment and Forests to engage with the state government to find ways to implement in letter and spirit all possible laws to protect environment.
"There is tardy implementation of environment laws," Kumar said.
On environment protection, he said, "Given the fact that a very large community in the state is involved (living in forest), we will have to find a solution so that economic activity and protection of environment go hand and in hand and there is no exploitation of natural resources in Goa. We have to take the balanced and fair views of priorities of sustainable governance".

The committee, which also reviewed complaints on the violations of CRZ, was told by government officials that there are around 1,000 such plaints.
"It is told that there are about 1,000 such complaints being received about CRZ violations and they are being processed," he said.
The panel also discussed about the need to establish capacity for solid waste management and garbage disposal in Goa.
"It is recognised that there is a lack of dumping space and capacity to carry 450 tonne of garbage generated in Goa," Kumar added.
He said, "It is a general assumption that the single-window clearances granted by IPB for investment (proposals) is not the right way".