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Supreme Court of India · body

2005 DIGILAW 1656 (SC)

T. N. GODAVARMAN THIRUMULPAD v. UNION OF INDIA

2005-10-07

ARIJIT PASAYAT, S.H.KAPADIA, Y.K.SABHARWAL

body2005
ORDER IAs Nos. 1403-05 1. The applicant may approach CEC for seeking approval for grant of licence for sawmill. 2. The applications are dismissed for the present. 1A No. 1406 in 1A No. 585 3. Learned counsel appearing for the State of Manipur states that the State Government would approach MoEF after identifying the industrial estate. This is the proper course to be adopted. 4. In view of the aforesaid, IA No. 585 is disposed of and the recommendations of CEC dated 8-9-2005 are accepted. IA No. 1407 in IAs Nos. 22 and 23 5. Learned counsel for the applicant in IAs Nos. 22 and 23 accepts the recommendations made by CEC, dated 8-9-2005, registered as IA No. 1407. Insofar as felling of bamboo is concerned, the order dated 12-12-1996 stands clarified in terms of the order dated 4-3-19972 that the directions dated 12-12-1996 are not applicable in respect of minor forest produce including bamboo. This is with regard to transportation. 6. In regard to the felling of bamboo, the recommendations as contained in para 6 of the report of CEC are accepted. The said recommendation, inter alia, stipulates that felling of bamboo is not permitted except when it is as per the prescriptions of the working plans approved by the Central Government under the provisions of the Forest (Conservation) Act, 1980. 7. IAs Nos. 22 and 23 are disposed of accordingly. IA No. 1408 8. In this case, we are concerned with the depletion of forests which are ecologically fragile and evergreen with rich biodiversity, home to many rare and endangered species of wild flora and fauna. The nature of the area is depicted in the report of CEC (IA No. 1408). An area of 334 sq miles has been declared as the Cardamon Hill Reserve (CHR) and notified as a Reserve Forest in 1897 by the then Maharaja of Travancore. The forests of this area, as per the report, are situated in the catchment area of the Periyar River which is of vital importance as several hydroelectric projects including Idukki Dam are constructed in this area. These forests connect Palani Hills with the Periyar Tiger Reserve and the forests to the south and form the natural corridors for the passage of wildlife, specially elephants, between these regions. These forests connect Palani Hills with the Periyar Tiger Reserve and the forests to the south and form the natural corridors for the passage of wildlife, specially elephants, between these regions. Regarding the massive scale of encroachments, this is what the report dated 1-4-2004 made by the Additional Director General of Police (Intelligence), Idukki Mr Rajan K. Madhekar has to say: "There is information that large-scale encroachment of revenue/ forest land and issue of forged pattayams are going on in Idukki district specially in Munnar, Devi Kulam, Kannan Devan Hills Village, etc., with the active support of the revenue officials concerned. It is known that about 3000 forged pattayams were issued in Idukki district. Political parties/religious organisations/government employees/traders/businessmen are also included among these illegal occupants. Some of these illegal occupants obtained huge amounts from banks/financial establishments, as loan, by producing these forged pattayams. Though cases are being registered in this regard, action is not being continued allegedly due to political influence." According to the report, the list of encroachers is said to have included powerful and influential persons, including a Member of Parliament and other relatives to some ministers. As can be seen from the aforesaid, about 3000 forged pattas were issued. Nineteen officers have been identified for issue of those forged pattas between 1992 to 2003. Thirteen persons have been named as agents. Copy of the CEC report dated 7-9-2005 was given to the learned counsel for the State of Kerala about a month ago. Counsel still seeks further time to file response thereto. Let the response be filed within four weeks. 9. List the application after six weeks. IAs Nos. 1410-11 10. Learned counsel seeks permission to withdraw the applications with liberty to approach the appropriate forum. 11. They are dismissed as withdrawn. 12. Learned counsel for the State of Uttaranchal prays for further time to file response to the report of CEC. Let the same be filed within three weeks. 13. List thereafter. 14. The prayer in these applications is for setting aside the recommendations dated 23-9-2003 of the Lok Ayukt, Uttar Pradesh made on the applications of Ram Shankar Tiwari and Shyam Behari. 15. We have perused the record. The recommendations of the Lok Ayukt for grant of licences for sawmills cannot be sustained. Accordingly, we allow the applications in terms of prayer (a). 15. We have perused the record. The recommendations of the Lok Ayukt for grant of licences for sawmills cannot be sustained. Accordingly, we allow the applications in terms of prayer (a). The recommendations dated 23-9-2003 are set aside without prejudice to the rights, if any, of Ram Shankar Tiwari and Shyam Behari to approach CEC which will decide the matter in accordance with law. 16. The applications are disposed of accordingly. IA No. 1166 in IAs Nos. 896-98 17. Mr A.D.N. Rao, learned counsel appearing for MoEF, states that Mr Valmik Thapar has been nominated as a member of the National Board of Wildlife and a notification to that effect has been issued. He further states that there are some difficulties with regard to the inclusion of the name of Mr Bitoo Sehgal in the said Board. Let an affidavit be filed placing on record what are the difficulties, within four weeks. 18. List the application thereafter. IA No. 1167 in IAs Nos. 895-96 19. Learned counsel appearing for Reliance Telecom Ltd. prays for four weeks time to file response to the recommendation of CEC that the said Company shall deposit rupees one crore in the compensatory afforestation fund for using the forest land falling inside the national park for laying of the optical fibre cables. Time allowed as prayed. 20. Reliance Telecom Ltd. shall also state in the affidavit as to why direction be not issued to it for payment of NPV in addition to the aforesaid sum of rupees one crore. 21. The State Government is directed to file a detailed affidavit, within four weeks, after requisite preliminary enquiry, as to who are the persons responsible for not taking appropriate action or for granting permission for laying of the said cables without compliance with mandatory provisions of law, including the approval of the Central Government under Section 2 of the Forest Conservation Act. 22. List the application after four weeks. IAs Nos. 1422-23 in fA No. 1000 23. The applicant is a public sector undertaking. Our order dated 23-9-20053 exempts the PSUs in relation to working on temporary permit. In this view, the applications are allowed in terms of prayer (a) which reads as under: "(a) Exempt the mines (mentioned in Annexure A-4) under the applicant Coal Companies working under temporary working permission granted by MoEF." Court Masters