Order of the National Green Tribunal on the issue of cutting of trees in the forest area by POSCO, 24/01/2014

  • 24/01/2014

Order of the National Green Tribunal in the matter of Prafulla Samantara Vs. Union of India & Ors. dated 24/01/2014 stating that POSCO "would not carry on tree cutting/felling in the forest area" till the Odisha government gives forest clearance. NGT order further states that the "approval of the Central Government is sine qua non to the passing of an order by the State Government. It is only when the State Government passes a reasoned order or an authority appointed by the State takes a reasoned decision allowing the activities of non-forest nature in the forest area or declares reserved forest as non-reserved forest, that an order as required under Section 2 of the Act of 1980 comes into existence. On the cumulative reading of these provisions it appears to us that the approval granted by the Central Government is neither an order nor a decision as contemplated under Section 2 of the Act of 1980 nor is it appealable under Section 2(A) of the Act. The State Government is expected to apply its mind and examine its original proposal sent to the Central Government in light of the approval granted and then pass an order which has to be implemented in terms of the provisions of the Act". Original Source: http://www.greentribunal.gov.in/orderinpdf/123-2013(OA)_24Jan2014.pdf Previous Orders: http://www.greentribunal.gov.in/e-orders.php?eid=4817