High Court stays Tree Officer’s permission to cut 48 trees in Assagao private forest

PANJIM: The High Court of Bombay at Goa on Friday granted ex-parte interim stay on permission granted by the Tree Officer to cut 48 trees in a private forest at Assagao and restrained M/s Bennet and Bernard Custom Homes Pvt Ltd Panjim, from felling any further trees from survey number 128/8. 

The Court order came in the petition filed by activist Avertino Miranda of Panjim. The petitioner had challenged the permission granted by the Tree Officer (Deputy Conservator of Forests) for cutting 48 trees out of Survey No 128/8 of village Assagao and also the decision of the Appellate Authority i.e. Conservator of Forests dismissing his appeal and upholding the order of the Tree Officer.

Arguing on behalf of the petitioner, Adv Nigel Da Costa Frias submitted that the land in question is a private forest and no reasons are forthcoming in the order of the Tree Officer as well as the Appellate Authority for the need of cutting of trees. He pointed out that the Court had specifically observed that the provisions of the Act indicate that the Tree Officer had to take into consideration various aspects of the matter as to whether the trees are required to be cut in the first place, numbers and kind of trees to be cut and the justification for cutting the required number of trees.

The matter has now been posted for next hearing on January 4, 2024.

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