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2006 DIGILAW 993 (SC)

T. N. Godavarman Thirumulpad v. Union of India

2006-09-01

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

body2006
ORDER : Mr. Arijit Pasayat, J. I.A. Nos. 1624-1625 in Writ Petition (C) No. 202 of 1995: 1. The interlocutory applications shall be taken up along with I.A. No. 1287. 2. In the meanwhile, the applicant may file an application making substantive prayers. I.A. Nos. 1628-1630 in Writ Petition (C) No. 202 of 1995: 3. What the applicant, in fact, seeks is the implementation of the communication of the Deputy Conservator of Forests dated 23rd May, 2006. It would be appropriate if the applications are prosecuted by the learned Amicus curiae. The State of Rajasthan shall file reply within four weeks. In the meantime, the Central Empowered Committee may also look into the matter and file its response. The applicant henceforth, if comes in possession of any document, may supply the same to the learned Amicus curiae. I.A. Nos. 532-534 in Writ Petition (C) No. 202 of 1995: 4. The response to the recommendations of the Central Empowered Committee may be filed within four weeks. 5. The State of Rajasthan is permitted to file additional affidavit within eight weeks. 6. List after eight weeks. I.A. Nos. 1601-1603 in Writ Petition (C) No. 202 of 1995: 7. The matters are stated to be listed before the Central Empowered Committee on 11th September, 2006. The Madhya Pradesh Development Corporation and the State Government may appear before the Central Empowered Committee and file requisite documents as well. 8. List the interlocutory applications after receipt of the report from the Central Empowered Committee. I.A. Nos. 1383 in Writ Petition (C) No. 202 of 1995: 9. List the interlocutory application after four weeks. I.A. Nos. 1397-1398 in I.A. No. 1289 in I.A. Nos. 1238-1239 in Writ Petition (C) No. 202 of 1995: 10. The Oil India Limited is permitted to conduct the survey, subject to the conditions mentioned in the Report dated 25th August, 2006, which are acceptable to the applicant. 11. The interlocutory application is disposed of. I.A. No. 1398: 12. Response to the recommendations of the Central Empowered Committee may be filed within two weeks. 13. The interlocutory application is adjourned for two weeks. I.A. No. 1399 and I.A. No. 1569 with I.A. No. 946 in I.A. Nos. 301-382 in Writ Petition (C) No. 202 of 1995 and I.A. Nos. 1327-1328 and 1526 in Writ Petition (C) No. 202 of 1995: 14. 13. The interlocutory application is adjourned for two weeks. I.A. No. 1399 and I.A. No. 1569 with I.A. No. 946 in I.A. Nos. 301-382 in Writ Petition (C) No. 202 of 1995 and I.A. Nos. 1327-1328 and 1526 in Writ Petition (C) No. 202 of 1995: 14. The Central Empowered Committee, in its report dated 1st September, 2005, after noticing in the Report how 1607 saw mills have been re-opened in the garb of renewal of the old licenses, has made the following recommendations : "(a) suspending the functioning of all the 1607 saw mills to where licenses have been renewed after 04.3.97." 15. The further recommendation of the Central Empowered Committee is that the Report in respect of each of 1607 saw mills shall be filed by the State Government giving details of old licenses and other particulars in the recommendation, i.e., paragraph 13(b) of the Report which reads as under : "directing the Chief Secretary, Uttar Pradesh to file a report of each of the 1607 saw mills giving details of the old licenses, the year in which the such licenses were issued, the year upto which the old licenses were renewed, the date on which the saw mill was closed, the number of years for which the saw mills had run illegally, the officer who had verified and cross-verified the genuineness of the old license, the basis of reopening of the saw mill, the details of the machinery and electric connection at the time of the renewal of the old license and whether the delay in the renewal was due to administrative reasons or due to lapse on the part of the saw mill owner." 16. The learned counsel appearing for the State of Uttar Pradesh submits that, having regard to the facts of the case, the aforesaid recommendations may be accepted. In this view, we direct the suspension of all 1607 saw mills in respect of which licenses were renewed after 4th March, 1997. The State Government would ensure that the said saw mills do not operate. The Chief Secretary, Uttar Pradesh, is directed to file a report in terms of paragraph 13(b), which recommendation we have accepted, within a period of eight weeks. The State Government would ensure that the said saw mills do not operate. The Chief Secretary, Uttar Pradesh, is directed to file a report in terms of paragraph 13(b), which recommendation we have accepted, within a period of eight weeks. We also accept the third recommendation contained in paragraph 13(c) to the effect that after receipt of the report, the saw mills in respect of which regular renewals have been given, the renewal fees were deposited regularly and the renewal of licenses were delayed due to administrative/technical reasons and not due to default on the part of the applicant saw mills may be permitted to be reopened. The Central Empowered Committee has also made the following recommendations : "(a) a seniority list of plywood/veneer units operating in the State of Uttar Pradesh and Uttaranchal (part of undivided U.P.) on the strength of 'No Objection Certificate' issued by the Forest Department prior to 04.3.97 may be prepared after verifying the validity and genuineness of such 'No Objection Certificate'; (b) after accessing timber availability qua capacity of existing licensed saw mills depending upon the availability of timber the existing plywood/veneer units may be granted license on the principle of first come last go. The units found not eligible for grant of license may be closed; (d) the electricity connection of all unlicensed units shall be disconnected, their machinery's shall be dismantled and the various registration etc. issued to such units shall be cancelled by the respective authorities." 17. The State Government has no objection to the acceptance of the aforesaid recommendations. We order accordingly. 18. Another recommendation made by the Central Empowered Committee is : "(c) as far as feasible, the plywood/ veneer units should be permitted to operate only in the industrial estates identified for this purpose. This is particularly necessary in Uttaranchal where practically all areas are within an aerial distance of 10 km. from the nearest forest." 19. As prayed, we permit the State Government to file an affidavit placing on record the difficulty, if any, in accepting the aforesaid recommendation. 20. The recommendation for fixing the responsibility against the officials responsible for allowing large number of wood based industries to re-open/continue in violation of this Court's orders would be considered at an appropriate stage. I.A. Nos. 1415-1416 in Writ Petition (C) No. 202 of 1995 and I.A. Nos. 1417-1419 in Writ Petition (C) No. 202 of 1995: 21. 20. The recommendation for fixing the responsibility against the officials responsible for allowing large number of wood based industries to re-open/continue in violation of this Court's orders would be considered at an appropriate stage. I.A. Nos. 1415-1416 in Writ Petition (C) No. 202 of 1995 and I.A. Nos. 1417-1419 in Writ Petition (C) No. 202 of 1995: 21. The State Government is granted four weeks' time to file reply. The Central Empowered Committee may also look into it and file its response, if necessary. I.A. Nos. 1494 in Writ Petition (C) No. 202 of 1995, I.A. 1495 in Writ Petition (C) No. 202 of 1995 and Cont. Pet. (C) No. 442/2004 with I.A. No. 1400 in W.P. (C) No. 202 of 1995: 22. We do not propose to proceed with the contempt petition and the interlocutory applications in view of what is stated in the report of the Central Empowered Committee dated 31st August, 2006. The interlocutory applications and the contempt petition are dismissed. I.A. No. 1408 and 1457 in Writ Petition (C) No. 202 of 1995 and I.A. No. 1462 in Writ Petition (C) No. 202 of 1995: 23. The State of Kerala is granted two weeks' time to file its response to the report of the Central Empowered Committee. Writ Petition (C) No. 603 of 2000: 24. The writ petition is adjourned. I.A. No. 827 and connected matter: In re : CAMPA 25. List the matters on 15th September, 2006.