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2000 DIGILAW 465 (SC)

T. N. GODAVARMAN THIRUMULPAD (29) v. UNION OF INDIA

2000-02-28

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

body2000
ORDER IAs Nos. 477 and 480 1. Pursuant to the orders of this Court, CBI has submitted a report which c is taken on record. Copies of this report dated 20-1-2000 be given to the counsel for the State of Madhya Pradesh and Shri Prashant Bhushan, Advocate. 2. No further orders need be passed except that we direct further action to be taken as contained and stipulated in Paras 74 and 75 of the said report. d Action-taken report by CBI and the State Government will be filed within eight weeks from today. 3. IAs stand disposed of. IA No. 424 4. Having heard the learned counsel for the parties, we are of the opinion that the copy of the affidavit of Shri K.S. Sharma, Chief Secretary, e Government of Madhya Pradesh filed in this Court on 10-1-2000 and all other affidavits filed in this Court in response to this application should be given to Shri M.K. Sharma, Additional IG (Forests) for his consideration. Shri M.K. Sharma should then meet Shri K.S. Sharma, Chief Secretary. After the discussion between the Chief Secretary and Shri M.K. Sharma and f members of his team, Shri M.K. Sharma will file a report in this Court. Shri M.K. Sharma should meet the Chief Secretary, subject to the latter's convenience, within a fortnight. 5. The Chief Secretary should also file a further affidavit to supplement the earlier affidavit filed in response to this application. It will be appropriate, in our opinion, if the IG (Forests) and Shri K.S. Sharma, Chief Secretary also g have a discussion with each other before Shri K.S. Sharma files his further affidavit in this Court. We leave it to both of them to work out the modalities of the meeting. 6. Report/affidavit be filed by the respective officers within six weeks from today. It is needless to add that each authority will cooperate with the other. Copies of the report and the affidavit be given to the amicus curiae counsel for the State of Madhya Pradesh and also to Mr K.K. Venugopal, Senior Advocate. 7. To come up on 24-4-2000. IA No. 478 8. Dismissed as having become infructuous. IA No. 511 9. IA for impleadment on behalf of M.P. Rajya Van Vikas Nigam Ltd. is allowed. IA No. 512 10. 7. To come up on 24-4-2000. IA No. 478 8. Dismissed as having become infructuous. IA No. 511 9. IA for impleadment on behalf of M.P. Rajya Van Vikas Nigam Ltd. is allowed. IA No. 512 10. In response to this application, an affidavit of Shri A.R. Chadha, Deputy Inspector General of Forests, Government of India, Ministry of Environment and Forests has been filed in court today. In the said affidavit on behalf of the Ministry, it has been stated that the application be favourably considered and allowed in terms of the submissions made in Paras 3(a) and (b) of the said affidavit. 11. After hearing the learned counsel and pending disposal of the application, the applicant Corporation is permitted that the felled timber and fuel stacks lying in the forests can be transported to its depots located in j other districts. The State Corporation is also permitted to cut stumps while clearing the areas for plantation for the areas already earmarked for the plantations for monsoon 2000. 12. Similar permission, as suggested by the Ministry of Environment and Forests, is also granted to the Forest Department of the State. IA No. 513 13. An additional affidavit of Shri N.K. Bhagat, Conservator of Forests (Admn./Gzt.) has been filed in court today. In Paras II and 12, details of materials which have been fully paid for and which have been partly paid for and other timber, etc. which is lying in the depots of the Government are given. In modification of the earlier orders, we permit the movement of the material mentioned in Para II and we also permit the sale and movement of the material mentioned in Para 12 of the affidavit. 14. The amicus curiae seeks time to consider the affidavit now filed. 15. To come up for further orders on 6-3-2000. IA No. 514 16. The State of Madhya Pradesh should respond to the affidavit dated. 7-2-2000 of Shri Santosh Bharati filed in IA No. 513. To come up on 6-3-2000. IAs Nos. 530 and 531 17. Issue notice returnable on 6-3-2000. Remaining IAs on board 18. List on 6-3-2000. 19. In the order dated 14-2-2000§, the words "or forest" in the 2nd line from bottom at p. 4, are ordered to be deleted. The sentence would read thus: "... To come up on 6-3-2000. IAs Nos. 530 and 531 17. Issue notice returnable on 6-3-2000. Remaining IAs on board 18. List on 6-3-2000. 19. In the order dated 14-2-2000§, the words "or forest" in the 2nd line from bottom at p. 4, are ordered to be deleted. The sentence would read thus: "... In the meantime, we restrain Respondents 2 to 32 from ordering a the removal of dead, diseased, dying or wind-fallen trees, driftwood and grasses, etc. from any national park or game sanctuary...." Court Masters.