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2002 DIGILAW 1303 (SC)

T. N. Godavarman Thirumalpad v. Union of India

2002-10-22

ARIJIT PASAYAT, Y.K.SABHARWAL

body2002
ORDER : I.A. Nos.756, 634-635, 276 with 413, 437, 453 and 454 1. List on 23rd October, 2002. I.A. NO. 22 2. By order dated 9th May, 2000, this Court had directed, while permitting the sale of excess quantity of timber by the Jammu & Kashmir State Forest Corporation, that 50 per cent of the sale proceedings after excluding the transportation charges shall be kept in a separate bank account to be utlised for afforestation purposes. Thereafter, the Ministry of Environment & Forests had submitted a Scheme alongwith an affidavit dated 30th July, 2002 before the Central Empowered Committee. The Scheme, inter alia, provides for establishment of Forest Development Agency at district level for undertaking afforestation. The Scheme, as proposed, was agreed to by the State Forest Department of the State of Jammu & Kashmir and the recommendations filed in this Court by the Central Empowered Committee after its hearing of 30th July, 2002. It has been stated that at present a sum of about Rs. 13 crores lying in a bank account with an additional Rs. 2 to 3 crores, is likely to be made available from the sale of balance timber. It is further stated that each of the Forest Development Agencies would require Rs. 2.5 crores for afforestation and maintenance works in undertaking plantation of 1300-1400 hectares of land during the next five years. It could, thus, be possible to undertake afforestation work in the districts of Jammu, Udhampur, Nowshera, Sindh, J.V. Division, Shopian and Leh. The Committee unanimously made the following recommendations : (a) The funds available for afforestation in pursuance to the Hon'ble Court's order dated 9.5.2000 may be allowed to be utilised as per "National Afforestation Programme" Scheme prepared by the Ministry of Environment & Forests in Jammu, Udhampur, Nowshera, Sindh, J.V. Division, Shopian and Leh. (b) Additional funds required, if any, required for undertaking afforestation as per the scheme in these districts shall be provided by the Ministry of Environment & Forests to bridge the shortfall, if any. (c) The amounts required for afforestation shall be released through a separate bank account maintained for this purpose on the basis of physical and financial sanctions issued by the Ministry of Environment & Forests from time to time. (c) The amounts required for afforestation shall be released through a separate bank account maintained for this purpose on the basis of physical and financial sanctions issued by the Ministry of Environment & Forests from time to time. (d) The Ministry of Environment & Forests will closely monitor the implementation of the scheme through an independent agency to ensure proper utilisation of funds and also other aspects such as survival rate of the plantation. 3. We accept the aforesaid recommendations with this addition that the monitoring of the implementation of the Scheme as referred to in clause (d) above, shall be done by the Central Empowered Committee which has been duly constituted under Section 3 of the Environment (Protection) Act and is headed by Mr. P.V. Jaykrishnan as its Chairman. 4. The Committee will exercise all powers which are vested in it for ensuring the afforestation as proposed by it and in case of any difficulty it has the liberty to apply to this Court for appropriate orders or directions. 5. I.A. is disposed of. IA Nos. 301 to 382 6. These applications filed by saw-mills had been forwarded to the Central Empowered Committee for consideration. The plea of the applicants was that they were owners of the saw-mills and they were entitled to licence. 7. After giving hearing to each of the applicants, the Central Empowered Committee has filed a Report in this Court. As per the Report, the Committee examined the claims of the applicants on the basis as to whether they had a valid licence on 4th March, 1997, for the reason that on 4th March, 1997 this Court had ordered the closure of all licensed saw-mills, veneer and plywood industries, inter alia, in the State of U.P. The Committee, accordingly, examined whether the applicants had a valid licence as on 4th March, 1997. In the Report which has now been filed, it has been stated that none of the applicants had a valid licence for running saw-mill as on 4th March, 1997 and, therefore, each one of them was required to close down pursuant to this Court's order dated 4th March, 1997. The Committee has recommended dismissal of IA Nos. In the Report which has now been filed, it has been stated that none of the applicants had a valid licence for running saw-mill as on 4th March, 1997 and, therefore, each one of them was required to close down pursuant to this Court's order dated 4th March, 1997. The Committee has recommended dismissal of IA Nos. 301 to 382 and has further stated that the Principal Chief Conservator of Forests, State of U.P., should file an affidavit within one month giving the details as to whether the said saw- mills who are applicants in IA Nos. 301 to 382 and others have been closed down or not. If they have not been closed down, the reason for their non-closure should be stated therein. The recommendations contained in paragraph 8 of the Report of the Central Empowered Committee are accepted. Direction is issued to the Principal Chief Conservator of Forests, State of U.P. to file an affidavit within one month indicating as to which of the saw-mills have been closed down and dismantled; if not, the reason why appropriate action has not been taken. The affidavit of the Principal Chief Conservator of Forests to come up for consideration after two months. 8. I.A. Nos. 301 to 382 are dismissed. 9. Reports of the Central Empowered Committee may be marked as Interlocutory Applications. I.A. 566 10. List on 24th October, 2002. I.A. 670 11. Heard in part. 12. Rest of the IAs 13. Not reached.