Manjushree Plantations Ltd. & Ors. Etc. Vs. The State of Tamil Nadu & Ors. Etc.
EmailAppeal: I.A. Nos. 6-14 of 1996
Civil Appeal Nos. 357-75 of 1977
Civil Appeal Nos. 357-75 of 1977
Petitioner: Manjushree Plantations Ltd. & Ors. Etc.
Respondent: The State of Tamil Nadu & Ors. Etc.
Apeal: I.A. Nos. 6-14 of 1996
Civil Appeal Nos. 357-75 of 1977
Civil Appeal Nos. 357-75 of 1977
Judges: B.N. KIRPAL & J.S. VERMA, JJ.
Date of Judgment: Mar 04, 1997
Head Note:
Forest Area
Forest Plantations order dt. 12.12.96 – Shade trees in Janmam areas to be governed by order dt. 12.12.1996 in Tamil Nadu -All trees felled to be delivered to State Govt. for disposal after keeping full record – Fuel trees to be felled in terms of report of TANTEA for consumption by plantation or use by State Govt. -Held no further expansion of plantation so as to involve encroachment.
Forest Plantations order dt. 12.12.96 – Shade trees in Janmam areas to be governed by order dt. 12.12.1996 in Tamil Nadu -All trees felled to be delivered to State Govt. for disposal after keeping full record – Fuel trees to be felled in terms of report of TANTEA for consumption by plantation or use by State Govt. -Held no further expansion of plantation so as to involve encroachment.
JUDGEMENT:
O R D E R
14. In modification of the earlier orders in the Civil Appeal Nos. 367-75 of 1977, 2457 of 1977 and 1344-45 of 1976 and Writ Petition No. 202 of 1995, it is directed as under :
(i) As far as shade-trees in the Janmam areas are concerned, they would be governed by para 4 (a) of our order dated 12.12.1996 insofar as it applies to the State of Tamil Nadu. However, all trees so felled in the Janmam areas shall be delivered by the plantation to the State Govt. which will be free to deal with and dispose of the same. The State Govt. shall, however, keep a record of all such trees received by it. This will apply also to trees felled prior to the interim orders which are still in the possession of the plantations.
(ii) Insofar as fuel trees are concerned, we direct that felling of fuel trees be carried on strictly in accordance with the Report of TANTEA. After felling of fuel trees, the Plantations shall submit the account of such trees to the State Govt. They may consume for their own use such number of fuel trees as are necessary and give an account of the same to the State Govt. Any fuel trees not required by them would be surrendered by them to the State Govt. and the State Govt. would be free to deal with such trees. The State Govt. shall, however, maintain an account of any fuel trees received by it.
(iii) We further clarify that the direction that there will be no further expansion of the plantation so as to involve encroachment (by way of clearing or otherwise of forest) will apply to the Janmam Lands as well.
I.A. Nos. 6-14 of 1996 in CA Nos. 367-75 of 1977, I.A. No. 1 of 1996 in CA No. 2457 of 1977, I.A. Nos. 3-4 of 1996 in CA Nos. 1344-45 of 1976 are allowed in the above terms.
15. The Golf Course at Kodaikannal and Udagamandalam are permitted to function subject to the condition that the District Collector and the Distt. Forest Officer of the area concerned are associated with the functioning of the same till the approval of the Government of India is received.
14. In modification of the earlier orders in the Civil Appeal Nos. 367-75 of 1977, 2457 of 1977 and 1344-45 of 1976 and Writ Petition No. 202 of 1995, it is directed as under :
(i) As far as shade-trees in the Janmam areas are concerned, they would be governed by para 4 (a) of our order dated 12.12.1996 insofar as it applies to the State of Tamil Nadu. However, all trees so felled in the Janmam areas shall be delivered by the plantation to the State Govt. which will be free to deal with and dispose of the same. The State Govt. shall, however, keep a record of all such trees received by it. This will apply also to trees felled prior to the interim orders which are still in the possession of the plantations.
(ii) Insofar as fuel trees are concerned, we direct that felling of fuel trees be carried on strictly in accordance with the Report of TANTEA. After felling of fuel trees, the Plantations shall submit the account of such trees to the State Govt. They may consume for their own use such number of fuel trees as are necessary and give an account of the same to the State Govt. Any fuel trees not required by them would be surrendered by them to the State Govt. and the State Govt. would be free to deal with such trees. The State Govt. shall, however, maintain an account of any fuel trees received by it.
(iii) We further clarify that the direction that there will be no further expansion of the plantation so as to involve encroachment (by way of clearing or otherwise of forest) will apply to the Janmam Lands as well.
I.A. Nos. 6-14 of 1996 in CA Nos. 367-75 of 1977, I.A. No. 1 of 1996 in CA No. 2457 of 1977, I.A. Nos. 3-4 of 1996 in CA Nos. 1344-45 of 1976 are allowed in the above terms.
15. The Golf Course at Kodaikannal and Udagamandalam are permitted to function subject to the condition that the District Collector and the Distt. Forest Officer of the area concerned are associated with the functioning of the same till the approval of the Government of India is received.
