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2002 DIGILAW 1050 (MAD)

P. T. Marshall Charitable-cum-Endowment Trust v. State of Tamil Nadu and Others

2002-09-16

P.D.DINAKARAN

body2002
Judgment :- Alleging that the petitioner trust on the strength of an alleged patta said to have been granted by the Director of Survey & Settlement, Chepauk, Chennai-5, under the proceedings RP No.8/1991 dated 31.3.1995 for an extent of 7106.07 acres of land comprised in Survey Nos.280/part, 1425 and 1426, Megamalai Village, Andipatti Taluk, Theni District, the petitioner, as a power agent of the alleged pattadhar, viz., the beneficiary under the proceedings dated 31.3.1995, seeks a writ of Mandamus to forbear the respondents from interfering with the rights of the petitioner-trust to develop the lands, measuring an extent of 7106.07 acres, comprised in Survey Nos.280/part, 1425 and 1426, Megamalai Village, Andipatti Taluk, Theni District, and to restrain the respondents from interfering with the rights of the petitioner from clearing the shrubs and improving the lands for the purpose of cultivation of medicinal plants and horticulture in the said land. 2. The Apex Court by an order dated 12.12.1996, made in Writ Petition (Civil) No.202 of 1995 with W.P.(Civil) No.171/96 (T.N.Godavarman vs. Union of India & Others), which banning deforestation, has held as follows: "IV. For the State of Tamil Nadu: 1.There will be a complete ban on felling of trees in all "Forest areas". This will however not apply to:- a) trees which have been planted and grown and are not spontaneous growth, and b) are in areas which were not forest earlier, but were cleared for any reason. 2. The State Government within four weeks from today, is to constitute a committee for identifying all "Forests". 3.Those tribals who are part of the Special Forestry programme in respect of patta lands, other than forests, may continue to grow and cut according to the Government Scheme provided that they grow and cut trees in accordance with the law applicable. 4.In so far as the plantations (tea, coffee, cardamam etc.) are concerned, it is directed as under: a) The felling of shadow trees in these plantations will be:- (i) limited to trees which have been planted, and not those which have grown spontaneously; ii)limited to the species identified in the TANTEA report; iii)in accordance with the recommendations of (including to the extent recommended by) TANTEA: and iv) under the supervision of the statutory committee constituted by the State Government. b) In so far as the fuel trees planted by the plantations for fuel wood outside the forest area are concerned, the State Government is directed to obtain within four weeks, a report from TANTEA as was done in the case of shade trees, and the further action for felling them will be as per that report. Meanwhile, eucalyptus and wattle trees in such area may be felled by them for their own use as permitted by the statutory committee. c) the State Government is directed to ascertain and identify those areas of the plantation which are a "Forest" and are not in active use as a plantation. No felling of any trees is however to be permitted in these areas, and sub.paras(b) d) There will be no further expansion of the plantations in a manner so as to involve encroachment upon (by way of cleaning or otherwise) of "Forests". 5. As far as the trees already cut, prior to the interim orders of this Court dated December 11, 1995 are concerned, the same may be permitted to be removed provided they were not so felled from Janmam land. The State Government would verify those trees and mark them suitable to ensure that this order is duly complied with. For the present, this is being permitted as a one time measure. 6.In so far as felling of an trees in Janmam lands is concerned whether in plantations or otherwise, the ban on felling will operate subject to any order made in the Civil Appeal Nos.367 to 375 of 1977 in C.A.Nos.1344-45 of 1976. After the order is made in those Civil Appeals on the I.As. Pending therein, if necessary, this aspect may be re-examined. 7.This order is to operate and to be implemented notwithstanding any order at variance, made or which may be made by Government or any authority, tribunal or court, including the High Court. 3. The above ruling of the Apex Court is directly applicable to the facts and circumstances of the case. Therefore, the relief as prayed for cannot be granted by this Court. 4. 3. The above ruling of the Apex Court is directly applicable to the facts and circumstances of the case. Therefore, the relief as prayed for cannot be granted by this Court. 4. Hence, the writ petition is dismissed, with a direction to the respondents as well as to the Secretary to the Departments of Revenue and Forest to take effective steps to protect the impugned forest area from any further calamity, as directed by the Apex Court by order dated 12.12.1996, made in Writ Petition (Civil) No.202 of 1995 with W.P.(Civil) No.171/96 No costs. Consequently, W.P.M.P.No.25602 of 2002 is also dismissed.