ORDER IAs Nos. 419 and 420 1. It has been explained by Mr Mukul Rohatgi that as far as NMDC is concerned it has complied with its obligation inasmuch as about 1300 hectares were required to be afforested by NMDC over a period of ten years and the same is being done with regard to the balance area of 7000 hectares. Rupees forty crores have been paid to the State of Madhya Pradesh for carrying out afforestation in the degraded forest area which is not under the control of NMDC and which is revenue land. 2. The State of Madhya Pradesh will file an affidavit indicating as to what steps it has taken with regard to afforestation on its having received the said Rs 40 crores. The State might consider entrusting the job to M.P. Rajya Van Vikas Nigam Ltd. with the task of afforestation specially in areas like wasteland which are in plenty in the State of Madhya Pradesh. 3. During the course of hearing of this IA, Mr Raval on behalf of the Central Government has placed on record a statement showing the position of the cases approved for diverting "forest land" stipulation for compensatory afforestation under the Forest Conservation Act and the compensatory afforestation done, funds to be utilised and actually utilised. This statement is to be considered as an IA and we take suo motu action thereon. The same may be separately numbered. This statement reflects the position as on 29-3-2000 and provides dismal reading. In short, after the total afforestation, compensatory and otherwise which was required to be done by all the States put together there is a shortfall to the extent of 36%. 4. This statement further reflects that though funds have been realised by all the States in connection with such afforestation a very large number of States have not utilised the amount or less amount thereon. These States are Arunachal Pradesh, Assam, Bihar, Haryana, Himachal Pradesh, Jammu and Kashmir, Madhya Pradesh, Mizoram, Orissa and Tamil Nadu. Notice to issue to all these States to explain as to why monies realised have not been so far spent on carrying out afforestation. Replies to be filed will indicate the heads under which the monies have been spent. 5. Notice also to go to those States who have not submitted quarterly performance reports up to September 1999. Notice to issue to all these States to explain as to why monies realised have not been so far spent on carrying out afforestation. Replies to be filed will indicate the heads under which the monies have been spent. 5. Notice also to go to those States who have not submitted quarterly performance reports up to September 1999. The Registry will send along with the notice a copy of the statement placed by Mr K.N. Raval. Notice will be returnable after eight weeks. Affidavit to be filed on the reopening day after summer vacation. Application through amicus curiae for reconstitution of the High-Powered Committee 6. An IA has been filed by amicus curiae in Court for reconstitution of the High-Powered Committee. 7. Notice: Mr Raval accepts notice. 8. As of today because of the resignation of other Member only Mr Givarajika remains on the Committee as Member-Secretary. It is agreed by the amicus curiae as well as the Additional Solicitor General that the application be allowed. Shri N.K. Sharma, be appointed as the Chairman of the Committee with Mr G.K. Pillai, Joint Secretary, North-East in the Ministry of Home Affairs being its other Member. Ordered accordingly. They shall undertake the task which the High-Powered Committee was required to take up and in addition thereto, it will also look into the following: (a) Supervising the transportation of all the illegal timber since none of it has been sold despite orders made by this Hon 'ble Court from time to time. (b) Overseeing investigation into specific cases of illegal felling and certain other matters referred to in the confidential report given by HPC to this Hon'ble Court. (c) Re-examining the matter of licensing of the units in the light of events which had occurred in the interregnum particularly the seizure of a very large quantity of timber originating from North-Eastern States Nangloi, Rajpura and Tinsukia. The Ministry of Environment will inform Mr S.C. Sharma and Mr G.K. Pilla' of their appointment to the High-Powered Committee as expeditiously as possible. An application through amicus curiae in relation to the working of the High-Powered Committee constituted by this Hon 'ble Court. Another application has been filed by the amicus curiae relating to the a working of the High-Powered Committee. 10. Notice: Mr Raval accepts notice. 11. Reply to be filed within two weeks. An application through amicus curiae in relation to the working of the High-Powered Committee constituted by this Hon 'ble Court. Another application has been filed by the amicus curiae relating to the a working of the High-Powered Committee. 10. Notice: Mr Raval accepts notice. 11. Reply to be filed within two weeks. Any party which may be affected by the prayers made in Para 10 of the application which reads as follows is at liberty to file an affidavit: "(a) Direct that the orders passed by HPC imposing a penalty based b on actual adjudication at the behest of the unit, even if it results in the imposition of penalty larger than the penalty originally imposed are valid and permissible. (b) Clarify that no unit in respect of whom an order had not been made by HPC on or before 15-1-1998 would be permitted to shift to the industrial estate or to revive and/or restore its licence: and (c) Pass such other and further orders which this Hon'ble Court may deem fit and proper under the circumstances." [As Nos. 530 and 531 12. In view of the fact that on an earlier occasion this Court has rejected the prayer for use of wooden sleepers, and has prohibited the Railways from using wooden sleepers, these applications are dismissed.