T.N. Godavarman Thirumulkpad Vs. Union Of India & Others
EmailAppeal: I.As. Nos. 1,5,5-A, 15, 16, 19-23, 25-27, 29, 33-36, 52, 54-75, 77-89, 91-95, 100, 104-110, 112-118, 120-122, 124-206 of 1997 with W.P. (C) No. 171 of 1996.
Petitioner: T.N. Godavarman Thirumulkpad
Respondent: Union Of India & Others
Apeal: I.As. Nos. 1,5,5-A, 15, 16, 19-23, 25-27, 29, 33-36, 52, 54-75, 77-89, 91-95, 100, 104-110, 112-118, 120-122, 124-206 of 1997 with W.P. (C) No. 171 of 1996.
Judges: J.S. VERMA, C.J.I. & B.N. KIRPAL & S.P. KURDUKAR, JJ.
Date of Judgment: May 08, 1997
Head Note:
ECOLOGY
Constitution
Articles 21, 32 – Forests – Protection and conservation – Running or re-locating of saw-mills – Removal of dead and dry trees – Collection of forest produce – felling and transportation of trees – Constitution and time for working of high powered Com-mittee etc – Court gave further interim orders, continuing the ban on transportation of timber from North-Eastern States. Time of H.P.C. also extended for completion of task.
Constitution
Articles 21, 32 – Forests – Protection and conservation – Running or re-locating of saw-mills – Removal of dead and dry trees – Collection of forest produce – felling and transportation of trees – Constitution and time for working of high powered Com-mittee etc – Court gave further interim orders, continuing the ban on transportation of timber from North-Eastern States. Time of H.P.C. also extended for completion of task.
JUDGEMENT:
O R D E R
1. It has been brought to our notice that a PIL matter – Civil Rule (PIL) SH No. 1 of 1996, Paul Lyngdoh v. State of Megahalaya – pending in the Shillong Bench of the Gauhati High Court, which has been filed by the Khasi Students’ Union is also a related matter. It is, therefore, appropriate that matter is also heard by this Court as a connected matter. In view of the fact that in the matters pending in this Court every facet of the problem throughout the country is under consideration, it is appropriate that no aspect of this matter be considered separately by any other court in any form. Accordingly, we direct transfer of Civil Rule (PIL) SH No. 1 of 1996 to this Court. Notice of this order be given to the parties in that petition. The question of directing financial assistance to the Khasi Students’ Union for appearing before this Court would be considered on their ap-pearance.
2. The report of the Committee for the North-Eastern States shall form part of the record.
3. The Confidential Report of the High-Powered Committee for the North-Eastern Region (two copies) be kept in a sealed cover by the Registrar (Judicial).
4. After hearing the learned amicus curiae, the learned Attor-ney General and the other learned counsel, we direct as under :
A. In the State of Uttar Pradesh the following is permitted –
1. Principle Chief Conservator of Forest (PCCF) may, on a case-to-case basis, consider grant of permission to an existing licensed sawmill to relocate itself, provided that the relocat-ed site is not within 10 kms of any existing forest.
2. To alleviate the unintended hardship which may be caused to the ordinary populace in the hill areas who need forest produce for their survival, it is clarified as under :
(a) Nothing contained in the orders passed by this Court would prevent the U.P. Forest Corporation from directly undertaking the exercise of collecting forest produce includ-ing fallen wood (but not any felling or cutting of trees or timber) to the extent strictly necessary, and distributing the same ex-depot to the people living in the hill areas.
(b) The Forest Corporation may, with the prior permis-sion of the PCCF, remove dead or dry trees for supply in the same manner ex-depot to people residing in those areas. The Forest Corporation shall (i) undertake such activity itself without engaging any outside agencies, and (ii) keep an account of the dead and dry trees felled and removed by them, and shall by way of an affidavit file the same in this Court.
B. In relation to the seven North-Eastern States, it is further directed as under:
(a) The ban on felling and transportation of trees and timber as already imposed shall continue.
(b) As directed by the High-Powered Committee (HPC), the State Government shall take all measures necessary to bring the felled timber lying in the forest to the depots/storage points, and have it stacked.
(c) After the process of inventorisation is over, the HPC may permit sawmills and other wood-based industry to utilise their own legitimate stocks of timber for conversion into finished produce. Such finished produce may then be disposed of by these mills under supervision of the HPC and the State Forest Department. The permission granted by the HPC to these mills shall be on suitable terms to ensure that no malpractice occurs in the future, and the mills shall be required to file an undertaking to comply with such terms, any breach thereof having the same consequence as a breach of the order of this Court.
(d) After the inventory of the felled timber gathered at the depots/storage points is complete, the HPC may permit sale of such rounded timber for utilisation within the State to the extent it is from a lawful source. The movement of rounded timber within the State as well as the movement of finished products within and outside the State shall be under transit passes – the issuance and disposal of which will be under the overall supervision of the HPC.
(e) No person other than a local inhabitant, a Forest Officer or Police Officer or any personnel on official duty shall be permitted to enter the reserved forests except in accordance with permission in writing issued by the PCCF.
(f) The ban on movement of cut trees, timber or veneer from any of the seven North-Eastern States to any other State in the country in any manner applies also to the growth and/or felled timber from any private plantation.
C. In case the time specified for completion of the task by any of the Committee constituted pursuant to the orders of this Court has expired, the same is extended till the completion of the exercise by them or a period of three months.
D. We also clarify that the Government of Maharashtra is permitted to consider grant of permission/licence to the Pune District Leprosy Committee to run their sawmill. The State of Government would consider the representations made to it and decide them expeditiously in accordance with and in conformity with the orders made by this Court.
5. The earlier orders made by this Court would stand modified/clarified in the aforesaid manner.”
6. List on 14-7-1997 for fixing a date.
1. It has been brought to our notice that a PIL matter – Civil Rule (PIL) SH No. 1 of 1996, Paul Lyngdoh v. State of Megahalaya – pending in the Shillong Bench of the Gauhati High Court, which has been filed by the Khasi Students’ Union is also a related matter. It is, therefore, appropriate that matter is also heard by this Court as a connected matter. In view of the fact that in the matters pending in this Court every facet of the problem throughout the country is under consideration, it is appropriate that no aspect of this matter be considered separately by any other court in any form. Accordingly, we direct transfer of Civil Rule (PIL) SH No. 1 of 1996 to this Court. Notice of this order be given to the parties in that petition. The question of directing financial assistance to the Khasi Students’ Union for appearing before this Court would be considered on their ap-pearance.
2. The report of the Committee for the North-Eastern States shall form part of the record.
3. The Confidential Report of the High-Powered Committee for the North-Eastern Region (two copies) be kept in a sealed cover by the Registrar (Judicial).
4. After hearing the learned amicus curiae, the learned Attor-ney General and the other learned counsel, we direct as under :
A. In the State of Uttar Pradesh the following is permitted –
1. Principle Chief Conservator of Forest (PCCF) may, on a case-to-case basis, consider grant of permission to an existing licensed sawmill to relocate itself, provided that the relocat-ed site is not within 10 kms of any existing forest.
2. To alleviate the unintended hardship which may be caused to the ordinary populace in the hill areas who need forest produce for their survival, it is clarified as under :
(a) Nothing contained in the orders passed by this Court would prevent the U.P. Forest Corporation from directly undertaking the exercise of collecting forest produce includ-ing fallen wood (but not any felling or cutting of trees or timber) to the extent strictly necessary, and distributing the same ex-depot to the people living in the hill areas.
(b) The Forest Corporation may, with the prior permis-sion of the PCCF, remove dead or dry trees for supply in the same manner ex-depot to people residing in those areas. The Forest Corporation shall (i) undertake such activity itself without engaging any outside agencies, and (ii) keep an account of the dead and dry trees felled and removed by them, and shall by way of an affidavit file the same in this Court.
B. In relation to the seven North-Eastern States, it is further directed as under:
(a) The ban on felling and transportation of trees and timber as already imposed shall continue.
(b) As directed by the High-Powered Committee (HPC), the State Government shall take all measures necessary to bring the felled timber lying in the forest to the depots/storage points, and have it stacked.
(c) After the process of inventorisation is over, the HPC may permit sawmills and other wood-based industry to utilise their own legitimate stocks of timber for conversion into finished produce. Such finished produce may then be disposed of by these mills under supervision of the HPC and the State Forest Department. The permission granted by the HPC to these mills shall be on suitable terms to ensure that no malpractice occurs in the future, and the mills shall be required to file an undertaking to comply with such terms, any breach thereof having the same consequence as a breach of the order of this Court.
(d) After the inventory of the felled timber gathered at the depots/storage points is complete, the HPC may permit sale of such rounded timber for utilisation within the State to the extent it is from a lawful source. The movement of rounded timber within the State as well as the movement of finished products within and outside the State shall be under transit passes – the issuance and disposal of which will be under the overall supervision of the HPC.
(e) No person other than a local inhabitant, a Forest Officer or Police Officer or any personnel on official duty shall be permitted to enter the reserved forests except in accordance with permission in writing issued by the PCCF.
(f) The ban on movement of cut trees, timber or veneer from any of the seven North-Eastern States to any other State in the country in any manner applies also to the growth and/or felled timber from any private plantation.
C. In case the time specified for completion of the task by any of the Committee constituted pursuant to the orders of this Court has expired, the same is extended till the completion of the exercise by them or a period of three months.
D. We also clarify that the Government of Maharashtra is permitted to consider grant of permission/licence to the Pune District Leprosy Committee to run their sawmill. The State of Government would consider the representations made to it and decide them expeditiously in accordance with and in conformity with the orders made by this Court.
5. The earlier orders made by this Court would stand modified/clarified in the aforesaid manner.”
6. List on 14-7-1997 for fixing a date.
