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2000 DIGILAW 1072 (SC)

T. N. Godavarman Thirumulpad v. Union of India

2000-05-11

B.N.KIRPAL, M.B.SHAH, V.N.KHARE

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JUDGMENT : I.A. No............(filed by Mr. M.L. Lahoty in Court) 1. Taken on board. 2. Issue notice. Notice to the State of Madhya Pradesh returnable on 12th June, 2000 before the Vacation Bench and notice with regard to States of Karnataka and Rajasthan returnable on a date after Summer Vacation to be fixed by the Registry. 3. Mr. S.K. Agnihotri, Adv. accepts notice for the State of Madhya Pradesh. The applicant will, within one week from today, file an additional affidavit indicating the exact parcels of waste land which the applicant would be in a position to develop. Copy of that affidavit be given to Mr. Agnihotri. The State of Madhya Pradesh will file its response by 6th June, 2000. To come up on 12th June, 2000 before the Vacation Bench. I.A. Nos. 516 and 567 4. Taken on board. 5. While we do not grant the prayer for impleading the applicant as a party, we, however, allow the applications and permit the applicant-company to dispose of the process waste in the manner indicated in Annexure-E to I.A. No. 567. 6. On behalf of the Union of India, it is stated that similarly placed industries may also be given permission likewise. Ordered accordingly. I.A. No. 471 7. After hearing the learned counsel for the parties and keeping in view the undertaking furnished by the applicant to the effect that it will manufacture cooling towers only from imported wood, we permit the State of Uttar Pradesh to give a special permit to the applicant subject to the condition that the applicant will always abide by the said undertaking and will use the saw mill only for the purpose of sawing imported timber and that the applicant will not use any indigeneous or domestic timber in the manufacture of the cooling towers. Such special licence will be given on such terms and conditions as may be stipulated by the State of Uttar Pradesh in accordance with Rules. 8. I.A. is disposed of. I.A. No. 539 9. The prayer in this application is that the applicants and other farmers/tribals may be permitted to transport and sell the wood like eucalyptus, subabool and casurina grown under the Farm Forestry Programme to M/s. Orient Paper Mills, Amlai. Details of the land owned by the applicants are contained in Annexure D (page 20) to the application. I.A. No. 539 9. The prayer in this application is that the applicants and other farmers/tribals may be permitted to transport and sell the wood like eucalyptus, subabool and casurina grown under the Farm Forestry Programme to M/s. Orient Paper Mills, Amlai. Details of the land owned by the applicants are contained in Annexure D (page 20) to the application. The land referred to therein is situated in Tehsil Sohagpur, District Shahdol (M.P.). On the Collector, Shahdol certifying that the wood grown on the said land described in Annexure D is only eucalyptus, subabool and casurina, the applicants, after obtaining permission from the District Collector, are permitted to cut, transport and sell eucalyptus, subabool and casurina from the said land and give the produce to M/s. Orient Paper Mills. 10. I.A. is disposed of. I.A. Nos. 572-573 11. IAs are dismissed. I.A. Nos. 574-575 12. I.A. No. 575 for exemption from filing O/T is allowed. 13. In I.A. No. 574, issue notice returnable after Summer Vacation to the Union of India, the Ministry of Environment & Forests and the State of Madhya Pradesh. Notice also to learned Amicus Curiae. I.A. No. 580 14. Issue notice returnable after Summer Vacation. Remaining I.As. 15. List after Summer Vacation.