ORDER IAs Nos. 502 and 737 1. Adjourned to 7-5-2002. IAs Nos. 634-35 and 627-98 2. Adjourned to 7-5-2002. IAs Nos. 695 and 706 3. Adjourned to 7-5-2002. IAs Nos. 675-76 and IA No. 686 4. Adjourned to August 2002. IA No. 687 5. As per the report which has been filed by the High Power Committee, the licence of M/s Neelam Wood Industries was cancelled and the unit has not shifted. Furthermore, as per the report, M/s Neelam Wood Industries was found to be involved in transportation of illegal timber. Pending further orders, we direct the State of Arunachal Pradesh to immediately seal the said unit and take possession thereof including the stock lying there. The State will file a report within two weeks of the action taken pursuant to this order passed today. Mr Anil Shrivastav, learned counsel for the State of Arunachal Pradesh has taken note of this order. 6. Rejoinder be filed within eight weeks. List thereafter. IA No. 705 7. Adjourned to July 2002. IAs Nos. 723-24 and IA No. 711 8. Adjourned to 7-5-2002. 1A No. 566 9. Adjourned to 7-5-2002. IAs Nos. 738 and 739 and WP (C) No. 118 of 2002 10. Adjourned to 7-5-2002. IA No. 745 and report dated 16-2-2002 regarding Senior Forest Officer killed in Bihar 11.IA for intervention is allowed. 12. It is represented that ex gratia payment of Rs 5 lakhs has been paid to the family of late Shri Sanjay Kumar. In our opinion, considering the work which was being done by late Shri Sanjay Kumar with all the zeal and dedication which resulted in his being killed, the compensation of Rs 5 lakhs does not appear to be adequate. We direct the Union of India to provide a permanent employment to the widow of Shri Sanjay Kumar keeping in view her academic qualifications. The employment should be provided to her in Delhi by relaxing qualifications, if necessary. Along with the appointment, government residential accommodation should be made available to her. Appropriate orders to this effect be passed within four weeks and the Court be informed. 13. An enquiry report of the Ministry of Environment and Forests a relating to the killing of Shri Sanjay Kumar has been filed in court today. Along with the appointment, government residential accommodation should be made available to her. Appropriate orders to this effect be passed within four weeks and the Court be informed. 13. An enquiry report of the Ministry of Environment and Forests a relating to the killing of Shri Sanjay Kumar has been filed in court today. Copy of the said report should be sent to the Secretary, Ministry of Home Affairs, Government of India and to the Chief Secretary, Government of Bihar, Patna. The two officers, namely, the Home Secretary, Government of India and the Chief Secretary, Government of Bihar should file an affidavit within eight weeks as to what action has been or is proposed to be taken not only with regard to bringing to book the perpetrators of the crime but also with regard to the continuing illegal activity of unauthorized mining and the inaction of the officers concerned in this behalf. 14. Merely because CBI is investigating the crime can be no ground for the State of Bihar in showing complete indifference to the point in issue. This is lack of governance, leave alone good governance. It is primarily the responsibility of the State of Bihar to see to the law and order and entrusting the investigation to CBI is no compliment to the State. 15. The Home Secretary, Government of India and the Chief Secretary, Government of Bihar will also in the affidavit to be filed dwell on the question of lapses of the police officers in giving adequate protection to late Shri Sanjay Kumar. 16. Status report be also filed by CBI before the next date of hearing. 17. Copy of the enquiry report be given to Shri B.B. Singh, learned counsel for the State of Bihar. 18. List after summer vacation. IA No. 295 19. An affidavit of Shri Bivash Ranjan, Assistant Inspector General of Forests, Ministry of Environment and Forests, has been filed in response to this Courts order dated 13-4-2000 and the earlier orders with regard to the establishment of the Environment Protection Authorities. In the affidavit, it is stated that no authorities under Section 3(3) of the Environment Protection Act for the States other than Arunachal Pradesh have been constituted because the States may not like the establishment of such authorities. In the affidavit, it is stated that no authorities under Section 3(3) of the Environment Protection Act for the States other than Arunachal Pradesh have been constituted because the States may not like the establishment of such authorities. In the order dated 4-3-1998, the Additional Solicitor-General who had appeared had stated that the authority in Arunachal Pradesh had worked satisfactorily and that is why the Central Government was required to constitute a committee at the national level in the nature of supervisory or Appellate Authority over the State authorities. There is no response in the affidavit to the setting up of the authority at the national level. As there is no such response, we would request the learned Attorney-General to appear in this matter on the next date of hearing. 20. Mr Vivek Tankha, the learned Advocate-General of Madhya Pradesh also states that the authority which has been constituted has done good work in the State of Madhya Pradesh; that out of the 39 applications which were h referred to the Committee, 37 have been disposed of with the cooperation of 47.all and no challenge has been made against the said decisions; and the experience has been a good one. 21. To come up on 7-5-2002. IA No. 664 22. Our attention has been drawn to the Rules which have been amended by the State of Uttar Pradesh on 26-6-1998 permitting sawmills having engine power of 3 HP not to have a licence. This amendment was made after this Courts order dated 4-3-1997t directing closure of all unlicensed sawmills in the States of Uttar Pradesh and Maharashtra. It is quite obvious that with a view to circumvent this Courts order dated 4-3-1997, the State of Uttar Pradesh has used the device of changing the law. That this was done with a view to help the sawmills, is quite evident from the affidavit of Shri Anup Malik, Forest Utilisation Officer, U.P., Lucknow, who in paragraph 4 of . the affidavit states that three sawmills, namely, Mis Punjab Sawmill, Mis Rana Sawmill and Mis Nur Handicraft having sawmills of 15 Hp, 19 HP and 8 HP respectively within the municipal limits of Saharanpur were sealed pursuant to the orders of this Court dated 4-3-1997. This affidavit further goes on to state that presently these very sawmills are in operation using power less than 3 HP. This affidavit further goes on to state that presently these very sawmills are in operation using power less than 3 HP. We refuse to believe that the sawmills which were having 15 Hp, 19 HP and 8 HP would today be functioning using less than 3 HP. It is only the State of Uttar Pradesh which can be gullible, willingly or unwillingly, to accept this. We, therefore, set aside the amendment of the U.P. Establishment and Regulation of Sawmills Rules, 1978, which was effected on 26-6-1998, insofar as it exempted sawmills using mechanical devices with the use of power up to 3 HP from obtaining a licence. As a result of the order passed today, each and every sawmill running in the State of Uttar Pradesh would require a licence, whether the sawmill is running with the aid of power or otherwise. The Rule which provides for deemed licences in the event of the application for the grant of licence not being dealt with contained in the Sawmills Rules, being Rule 7, is also held to be contrary to the letter and spirit of the Indian Forest Act and the orders of this Court and is, accordingly, set aside. 23. As far as the applicants are concerned, we see no reason to issue any directions to the respondents. IA stands disposed of. IA No. 685 24. The High Court should in the cases pending before it, where HPC or SIT is a party or its orders are being challenged, pass appropriate orders in the light of the directions of this Court to the effect that no such order should be challenged in the High Court. 25. List after summer vacation. IAs Nos. 670, 395, 496 and 497 26. List for directions in the last week of July 2002. IAs Nos. 727 and 629 27. Issue notice returnable after 10 weeks. IAs Nos. 173 and 751 and 414 and 414-A 28. List after summer vacation. [As Nos. 742-43 and [As Nos. 746-48 29. Adjourned to July 2002. IAs Nos. 752-53 30. The IAs are dismissed as withdrawn with liberty to file fresh ones. IA No. 421 31. This IA was mentioned today. List after summer vacation. Court Masters