Learned AG Mr. Dattaprasad Lawande for the State of Goa expresses apology for the approach taken by Counsel for the State in the present appeals on 7 November, 2017, particularly in relation to the issue of tree cutting/tree felling raised by the Appellant in Appeal No. 61/2015. He submitted that the order passed by this Tribunal imposing blanket embargo on tree cutting/tree felling in the area designated for Airport MOPA needs to be replaced by responsible statement of the State which would be appropriate in the given circumstances. He explains that the State has entered into contractual obligations with concessionaires for timely completion of the project and such a blanket embargo would injure public interest in terms of the claims raised by concessionaires on account of the work being hampered due to the blanket embargo on tree cutting/tree felling. He added that the tree cutting/tree felling issue can be examined by lawful authorities concerned i.e. Tree Officer under Goa, Daman & Diu Preservation of Tree Act, 1984 or the Forest Officials under Forest Conservation Act, 1980 as the case may be in accordance with law and on the grant of NOC or permission to cut the identified trees, the trees be allowed to be cut. This he submitted is independent of the EC in question. He, therefore, makes a statement that the State shall not cut any tree or allow any tree to be cut/fell in the designated area for the Airport MOPA without there being any valid permission granted by any of the lawful authority specified hereinabove and the copy of such NOC/permission granted if any, therefor being furnished to the Appellant Mr. Abhijit Prabhudesai in Appeal No. 61/2016 and for a period of fortnight thereafter in order to enable the Appellant to seek redressal of his grievances, if any, under the relevant statute in the said case. Statement is accepted. Order dated 7 November, 2017 stands modified accordingly.
We have partly heard the Appellant in Appeal No. 1/2016.
List these cases for further hearing on 24 November, 2017