ORDER : I.A. No.424 and I.A. No. 729 1. Mr. Mukul Rohtagi, learned Addl. Solicitor General states that the suggestion with regard to imposition of cess has been forwarded to the Government. The same is under active consideration and he requests for four weeks' time. It is possible that if the Government chooses not to impose the cess then in order to give financial relief to the forest rich States who are not permitted to allow the cutting of the trees and the forest that the Union of India may be directed to give compensation from its own funds to the said States which would roughly be equivalent to 5 per cent of the value of the wood imported. 2. List after four weeks. I.A. No. 703 in I.A. No. 502 3. It is stated that the Union of India has received responses from various States with regard to the problem of encroachment in the forest. The said responses are being attended to and a final decision will be taken and directions issued by the Union of India within six weeks. 4. The States which have not yet filed affidavit should do so within three weeks. 5. List after six weeks. I.A. No. 502@@ 6. Within three weeks from today, we direct the Chief Secretaries of all the States as well as the Secretary, Ministry of Environment & Forests to file an affidavit giving details of silviculture or plantations of trees which may be taking place in the States. The affidavit shall specify the districts and the areas where such silviculture/plantation exists so as to enable this Court to ascertain, on physical examination through an appropriate agency, about the state and extent of such silviculture/plantations. 7. Mr. A D N Rao requests for more time but we see no justification because the particulars which the Court is asking for should be available with the respective State Governments and the Union of India. 8. In the affidavit filed on behalf of the Ministry of Environment & Forests (page 368), while dealing with Shekhar Singh's Report in regard to encroachments, the Union of India has stated that it agrees with the implementation of the said Report. The Union of India in the affidavit to be filed will indicate what steps it proposes to take for implementing this part of the Report. 9. List for further hearing on 29th April, 2002.
The Union of India in the affidavit to be filed will indicate what steps it proposes to take for implementing this part of the Report. 9. List for further hearing on 29th April, 2002. I.A. No. 737 in I.A. No. 502 10. This is an application by the Andaman & Nicobar Administration for permission to cut trees pursuant to the clearances which have been received from the Ministry of Environment. The clearances which have been received are two: one is dated 26th April, 2001 for diversion of 0.60 hectares of forest land for the purpose of laying 1 KV transmission line and the second permission is dated 3rd October, 2001 for clearing trees over 37.12 hectares in the funnel areas forming approach to the Air Force Runway. 11. In both the permissions which have been granted, there is a requirement of the user agency to transfer to the Forest Department costs for afforestation. 12. Previously also the Ministry of Environment & Forests used to grant such clearances but experience has shown that while the trees would be cut plantation to the extent required was hardly ever done. It would be more appropriate to first see that the plantation or afforestation gets underway before any trees are cut. This will ensure compensatory afforestation which is very essential. 13. If the Andaman & Nicobar Administration starts carrying out compensatory afforestation by itself or through any agency, then the permission sought for in this application will be granted. An affidavit containing the status report with regard to afforestation activity be filed by the next date of hearing. 14. List on 29th April, 2002. I.A. No. 236 15. This application essentially challenges the validity of the order dated 8th March, 1997 passed by the Deputy Conservator of Forests, Gondia. The contention is that this order is not in accordance with this Court's order dated 12th December, 1996. 16. In our opinion, this Court is not the appropriate forum for challenging the correctness of the order dated 8th March, 1997. It is open to the applicant to challenge the same in appropriate forum on the ground that the same is not in accordance with the orders of this Court. 17. This application is disposed of. I.A. Nos. 634-635 and I.A. Nos. 697-698 18. Reply be filed by the Ministry of Environment & Forests within two weeks. Rejoinder, if necessary, be filed within one week thereafter.
17. This application is disposed of. I.A. Nos. 634-635 and I.A. Nos. 697-698 18. Reply be filed by the Ministry of Environment & Forests within two weeks. Rejoinder, if necessary, be filed within one week thereafter. 19. List on 29th April, 2002. I.A. Nos. 700 & 701 20. The I.As. are dismissed. I.A. Nos. 695 and 706 in I.A. Nos.695-696 21. List on 29th April, 2002. I.A. Nos.675-676 in I.A. Nos.667-668 and I.A. No. 686 22. List on 29th April, 2002. I.A. No. 687 23. Issue notice to the learned Amicus Curiae, the S.I.T. and the respondents returnable on 29th April, 2002. I.A. No. 688 and I.A. No. 712 24. The I.As. are dismissed. I.A. No. 705 25. Issue notice returnable on 29th April, 2002. I.A. Nos. 647, 648, 651 and 730 26. The IAs are dismissed as withdrawn. Liberty is granted to file a fresh application. I.A. Nos.723-724 and I.A. No. 711 in I.A. No. 502 27. List on 29th April, 2002. 28. Additional affidavit is permitted to be filed in I.A. No. 711. I.A. No. 738 and I.A. No. 739 in I.A. No. 502 29. List on 29th April, 2002. 30. List W.P.(C) No. 118/2000 also on 29th April, 2002. I.A. Nos. 578 & 579 31. Issue notice. I.A. Nos. 620-621 and I.A. No. 725 in I.A. No.620-621 with I.A. No. 645 in I.A. No. 620 and I.A. No. 726 in I.A. No. 645 in I.A. No. 620 32. Further interim report of Shri M.K. Sharma has been received according to which mining in the reserved forest has come to an end but mining is going on in revenue lands. The State of Madhya Pradesh wishes to file an additional affidavit in response to this further interim report. Needful be done within six weeks. List thereafter. 33. Shri M.K. Sharma be requested to complete the report with regard to the Damoh area as well as Shivpuri area. I.A. No. 677 34. In view of the order dated 9th July, 1999 of the D.F.O., inasmuch as the processing of the timber was not done at the existing location within the stipulated period i.e. before 8th January, 2000, the timber in question stood vested in the State Government. Therefore, no relief can be granted to the applicant. The I.A. is dismissed. I.A. No. 566 35. List on 29th April, 2002. I.A. Nos. 652-653 36.
Therefore, no relief can be granted to the applicant. The I.A. is dismissed. I.A. No. 566 35. List on 29th April, 2002. I.A. Nos. 652-653 36. Learned counsel for the State of U.P. states that no action is being taken against the officers concerned. 37. These I.As. are dismissed as infructuous. I.A. No.636 38. I.A. is allowed as prayed for. The licensed saw-mills can operate as per rules and in accordance with the orders passed by this Court. 39. Notice of contempt is discharged. I.A. Nos. 708, 709 & 710 40. The I.As. are dismissed.