Nagpur: The order of the ministry of environment, forest and climate change (MoEFCC) regional office cancelling additional horizontal band saw (AHBS) licences to 50 sawmills has been challenged in the Nagpur bench of Bombay high court. The HC has issued notices to all respondents.
Acting on a petition filed by environmental lawyer Manish Jeswani, the MoEFCC had, on October 30, 2020, ordered to permanently cancel these licences. The licences were granted by the state-level committee (SLC) ignoring Supreme Court orders in the matter.
Proprietor of SN Timber Mart in Chandrapur, SS Buggawar, and 44 others have filed a writ petition in the high court against the cancellation order. The petitioner claimed that the appeal was preferred beyond the time by the MoEFCC and without filing an application for condonation of delay and principles of natural justice were not followed.
The petitioner said they are going to be affected by any decision taken on the appeal and that is why they need to be heard by the MoEFCC.
The apex court ruling of October 5, 2015, allows MoEFCC to condone the delay in filing appeal, if sufficient cause is made out by the applicants or appellants.
“Any person aggrieved by the decision taken by the SLC may file an appeal before the MoEFCC seeking appropriate relief within 60 days. If for any reason, any person is aggrieved by the orders so passed in the appeal, he may prefer an appropriate petition or appeal before the appropriate forum for grant of relief. We also permit the MoEFCC to condone the delay, if any, in filing an appeal,” the Supreme Court had said.
As reported by TOI earlier, Jeswani, who is one of the respondents, had made a request to the MoEFCC for condonation of delay through his petition which was accepted, and a hearing was held in presence of all the parties on October 27, 2020, before passing the said order on October 30.
Moreover, president of Maharashtra Timber Laghu Udyog Mahasangh, who was representing sawmill licensees, was consciously present in 16th SLC meeting where a draft of a reply to be filed before the MoEFCC was approved. Despite having knowledge of the appeal, the licensees didn’t come forward to intervene.
The regional office of the MoEFCC had mentioned in its order that the chairman of SLC exceeded his jurisdiction as it violated the apex court order of March 4, 1997, by granting 50 AHBS licences without assessment of timber availability.