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2003 DIGILAW 980 (SC)

T. N. Godavarman Thirumulpad v. Union of India

2003-08-18

ARIJIT PASAYAT, V.N.KHARE, Y.K.SABHARWAL

body2003
ORDER : 1. Mr Siddhartha Chowdhury, advocate is also appointed as amicus curiae in the matter. IA No. 777 in IAs Nos. 754-55 and 941 2. Heard learned counsel for the parties. 3. The order dated 7-5-2002 T.N. Godavarman Thirumulpad (49) v. Union of India, (2009) 17 SCC 772 in IAs Nos. 754-55 shall remain operative till the disposal of the writ petitions concerned pending before the Orissa High Court. The writ petitions shall be disposed of on merit keeping in view the orders passed by this Court, When the writ petitions are disposed of, copy of the judgment in each case shall be sent by the Registry of the High Court to this Court and shall be placed before the Bench. 4. We have looked into the affidavit filed by Shri Pratip Kumar Mohanty, Chief Secretary, State of Orissa and have also looked into the recommendations made by the Central Empowered Committee (CEC). We are of the view that Shri Pravakar Behera, DFO, Puri Division, Khurda, Orissa, while issuing licences, has acted contrary to the orders passed by this Court and, therefore, he is guilty of contempt of court. 5. Issue notice to Shri Pravakar Behera, DFO, Puri Division, Khurda, Orissa. He shall remain present in the Court on the next date of hearing i.e. 9-10-2003. 6. Issue notice also to the 17 owners of the sawmills (details given in Annexure VI of the affidavit dated 5-8-2003 of Shri Pratip Kumar Mohanty) to whom licences have been granted. They shall file their reply by the next date of hearing. The owners of the sawmills will be served through the agency of PCCF, Orissa. 7. At this stage, we may clarify that the High Court of Orissa and the Civil Judges in the District Courts shall pass orders on the matters pending before them in terms of the orders passed by this Court, as the case may be. 8. We further direct that notwithstanding any orders passed by the High Court or by any Civil Judge, the owners of sawmills to whom the licences have been issued (as detailed in Annexure VI to the affidavit dated 5-8-2003) shall close their units. IA No. 921 in IAs Nos. 782-84, 793-95 and 813-15 (with IAs Nos. 842-43 and 843-A in IAs Nos. 782-84 and IAs Nos. 844-45 and 845-A in IAs Nos. 793-95) 9. IA No. 921 in IAs Nos. 782-84, 793-95 and 813-15 (with IAs Nos. 842-43 and 843-A in IAs Nos. 782-84 and IAs Nos. 844-45 and 845-A in IAs Nos. 793-95) 9. Heard learned counsel for the parties and perused the counter-affidavit filed on behalf of the State of Bihar as well as the recommendations of CEC in IAs Nos. 782-84, 793-95 and 813-15 (with IAs Nos. 842-43 and 843-A in IAs Nos. 782-84 and IAs Nos. 844-45 and 845-A in IAs Nos. 793-95). 10. When this matter was taken up, learned counsel appearing for the State of Bihar stated that the State Government has no objection in accepting the recommendations of CEC with the modification that instead of number of wood-based units to be allowed at the State level, they should be allowed at the district level and further, an appeal against the decision of the District Committee or PCCF be preferred to the District Judge of competent jurisdiction. 11. We feel that the recommendations made by CEC with the aforesaid modification, are required to be accepted. We, therefore, accept the recommendations and direct the State of Bihar to implement the said recommendations forthwith. 12. IAs stand disposed of. Contempt Petition (Civil) No. 292 of2003 in IAs Nos. 813-15 and 921 13. Contempt petition is dismissed. IAs Nos. 951-53 14. IAs are rejected. IA No. 959 15. IA is rejected. IA No. 786 16. Mr A.D.N. Rao, learned counsel appearing for MoEF prays for and is allowed two weeks' time to file a response to this IA filed by the State of Jammu and Kashmir. List thereafter. IAs Nos. 896-98 17. Mr A.D.N. Rao, learned counsel for MoEF undertakes to file a response during the course of the day. 18. List on the date to be given by the Registry. IA No. 60 19. Learned counsel appearing for the State of Chhattisgarh prays for and is allowed four weeks' time to file affidavit. List thereafter. IA No. 421 20. It is stated that learned counsel for the applicant is not well. This IA is adjourned. IA No. 860 in IA No. 276 and IA No. 863 in I A No. 453 in I A No. 276 21. Let these IAs be transferred to the Central Empowered Committee which shall hear the parties and make recommendations to this Court within a period of two months. 22. This IA is adjourned. IA No. 860 in IA No. 276 and IA No. 863 in I A No. 453 in I A No. 276 21. Let these IAs be transferred to the Central Empowered Committee which shall hear the parties and make recommendations to this Court within a period of two months. 22. List after the report is received. Court Masters.