NGT quashes UP govt's notice for setting up wood-based industries in state

The National Green Tribunal has quashed a notice issued by the Uttar Pradesh government for establishing new wood-based industries in the state, saying hardly any timber will be available for these units.

In the notice issued on March 1, 2019, the UP government had proposed to issue licences for 1,350 new wood-based industries.

A bench headed by NGT Chairperson Justice Adarsh Kumar Goel said if new industries are allowed to open based on wrong estimation of availability of timber, it may result in clandestine supply of wood and illegal cutting of trees.

Such a situation may not be allowed to come up in view of 'precautionary' principle of environmental law, it said.

"State should therefore make an inventory, species-wise and district-wise, and also have species-wise consumption data of all the wood-based industries and their capacity to utilise them and not proceed with the present proposal till further exercise of making inventory and assessment of actual availability of timber/raw material is done.

"In view of above, we quash notice dated March 1, 2019 issued by the State of UP for establishing new wood-based industries/saw mills and all provisional licences given in pursuance thereof," the bench, also comprising Justice S P Wangdi, said.

The NGT noted that it has been mentioned in the affidavit filed by the UP government that in 2019, there were 6,686 saw mills or wood-based industries, with a capacity of 41.5 lakh cubic meter per year, operating in the state.

"Therefore, the total timber that will be actually available for new industries as per the data given in the affidavit of the state is not going to be more than about 2 lakh cubic meter per year," it said.

Therefore, 18 lakh cubic meter timber that has been allotted for new wood-based industries by a state-level committee appears to be "absurdly unrealistic", it said.

"In view of our above comments, such allotment will be against the tenets of principle of sustainable development, precautionary principle and public trust doctrine. Allowing more number of saw mills/wood-based industries, than the carrying capacity, will, in the given facts and circumstances, undermine these principles," the bench noted.

The tribunal said that wood-based industries or saw mills can be allowed only after ensuring timber and raw material availability to sustain such industries.

"This has to be determined in actual terms and not on mere assumption. In the present case, we find it difficult to accept the stand of the State of Uttar Pradesh that there was availability of timber/raw material to sustain new wood-based industries/saw mills," the bench said.

The NGT was hearing a plea filed by NGO Samvit Foundation contending that the notice issued by the UP government to give licence for 1,350 new units is not viable in view of limited wood available in the state.

The plea said that the proposal to establish more wood-based industries in Uttar Pradesh may result in violation of the directions of the Supreme Court.