HC stays clause in office memorandum of North Goa collectorate

NT NETWORK

Panaji

The High Court of Bombay at Goa has stayed a clause in the office memorandum of North Goa collectorate which excludes applications of land conversion with natural vegetation for area below one hectare from going to the forest department for its report.

The court has also restrained private parties who have sought conversion of land using this provision, from felling any trees in such areas till the next date of hearing i.e November 26. The High Court order came in view of a petition filed by an NGO challenging the provision.

The High Court has stayed clause 2(iii) of the office memorandum issued by the District Collector (North) which excluded lands with area below one hectare going to the forest department for its report.

The petitioner NGO, argued that it is only the forest department that has the necessary expertise to consider the natural vegetation with tree canopy density.

Therefore any such exclusion was wrong and bound to be set aside.

The petitioner produced before the High Court copies of earlier High Court orders directing all lands for conversion must go to the forest department, and the Supreme Court’s order dated February 4, 2015 which prohibited conversion of lands which were in excess of one ha and had a canopy density 10 percent and above.

Petitioner alleged that because of the Collector’s memorandum (itself based on a questionable letter dated October 7, 2020 issued by the forest department’s headquarters), people with areas in excess of one hectare were subdividing the plots so that each plot was below one hectare prior to making conversion applications.

The collectors were then issuing conversion sanads even though the file had not been routed to the forest department and despite the order of the Supreme Court.

The petitioner cited the case of Sy.No.85/1 of Calangute village which is part of Calangute’s green zone which was likewise broken up by the party concerned (family of Jaydev Mody, casino owner) into 4 segments to bypass the forest department and Supreme Court’s order, alleged the petitioner.

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