Research › Browse › Judgment

Supreme Court of India · body

2007 DIGILAW 1577 (SC)

T. N. Godavarman Thirumulpad v. Union of India

2007-10-12

ARIJIT PASAYAT, K.G.BALAKRISHNAN, S.H.KAPADIA

body2007
ORDER : I.A. 1798/2007 1. Taken on Board. To be listed after two weeks. I.A. Nos. 826 In 566 with 955 in 566, 958,985, 1001-1001A, 1013-1014, 1016-1018, 1019, 1046, 1047, 1135-1136, 1137, 1164, 1180-1181, 1182-1183, 1196, 1208-1209, 1222-1223, 1224-1225, 1229, 1233 in 1135-1136, 1248-1249, 1253, 1301-1302, 1303-1304, 1312, 1313, 1314, 1318, 1319 in 1137, 1325, 1364, 1365-1366, 1370-1370A, 1371, 1384, 1385-1386, 1387, 1434, 1435-1437, 1438, 1441, 1475-1476, 1513, 1573, 1634, 1639 in 1135-1136 in IA 566, 1664, 1665, 1671, 1676 in IA 566, 1707, 1721 in 1597 in 566, 1779 in 1164 in 566, 1785- 1786 in I.A.No.1441, 2013 and 2074-2076 in 566 2. Adjourned to 25th October, 2007 for mentioning. IA 2077-78 in IA 1441 3. It is submitted by the counsel that they have already deposited NPV as directed by this Court and there are no arrears to be paid and it is submitted that despite this fact the forest authorities are not permitting to carry on mining operations and proceedings have been initiated. CEC will verify whether the due NPV in terms of this Court's orders have been paid and if so, the petitioner would be at liberty to carry on mining operations and no coercive steps shall be taken by Forest department. 4. Notice in the IA to the respondents. Petitioner may serve notice on the standing counsel. I.A. No. 208-209, 241-242, 245,268-269, 1704-1706 and I.A. No. 1710-1712, 2024-2026, 2027-2029, 2030-2032, 2033-20235, 2036-2038, 2039-2041, 2042-2044, 2045-2047, 2048-2050, 2051-2053, 2055-2056, 1692, 1950-51, 1989-90: 5. CEC has filed report regarding the sawmills in the State of Uttarakhand. There are 134 sawmills which as per the report could be opened for functioning and no case is pending against the owners of the sawmills under the Forest Act. The permission is granted to restart these 134 sawmills. 6. As regards the 52 plywood and vineer units (31 sawmills and 21 plywood and vineer) the State would file its response. The CEC may examine the objection of the State and would file fresh report. List after three weeks. IA 1201 7. On the intervening night of 15/16th August, 1999 at Damoh in Madhya Pradesh some untoward incident happened. One Santosh Bharti was allegedly man-handled by officials of the forest department and also the police department. The CEC may examine the objection of the State and would file fresh report. List after three weeks. IA 1201 7. On the intervening night of 15/16th August, 1999 at Damoh in Madhya Pradesh some untoward incident happened. One Santosh Bharti was allegedly man-handled by officials of the forest department and also the police department. The said Santosh Bharti claimed to be doing his duty as responsible public citizen in reporting about some of the illegalities committed by the officials incharge of the forest. It is alleged that he was attacked as a retaliation of his conduct in brining matters to notice of this Court. CBI had conducted investigation pursuant to the order passed by this Court. In the CBI report it had indicted some of the officials of the forest department and police department and case also is registered and the same is pending before the Spl. Judicial Magistrate, CBI at Jabalpur. However, in the departmental proceedings initiated, some minor punishments to some of the officials was awarded and majority of them were let off in the departmental proceedings. Having regard to the CBI report, we are not satisfied with the results of departmental proceedings taken at the instance of the State. The counsel representing the State is directed to produce the order passed in departmental proceedings before this Court, to be examined further as to whether any further directions need to be given in this regard. 8. Post after five weeks. IA 1500 9. Adjourned by two weeks IA 1202 and 1206 10. Heard counsel appearing for the State of Karnataka at some length. 11. The members of the CEC had visited the forest area in connection with the Kudramukh mining operations and entertaining a complaint filed against public servants. The Deputy Conservator of Forests Kudremukh Wildlife Division initiated proceedings against the members of the CEC and a FIR was registered in FOC No.2/2004-05 on 31/8/2004 and the FIR was submitted to the Judicial Magistrate of Karkala in Karnataka State. 12. We do not think that the complainants would be justified in proceeding with these proceedings and the FIR filed by the complainant Dy. Conservator of Forests Kudremukh Wildlife Division is quashed and the copy of this order be communicated to the Judicial Magistrate, Principal Civil Judge, Karkala in Karnataka. 13. IAs stand disposed of. IA. No. 780 with 818 and 1290,2015 in IA 780 14. Conservator of Forests Kudremukh Wildlife Division is quashed and the copy of this order be communicated to the Judicial Magistrate, Principal Civil Judge, Karkala in Karnataka. 13. IAs stand disposed of. IA. No. 780 with 818 and 1290,2015 in IA 780 14. In the State of Himachal Pradesh there was wide spread defacing of rocks by way of advertisements of various multi-national companies and business concerns. This Court strongly deprecated that practice and directed them to pay compensation for the said illegalities committed. All the notices have paid the amounts as directed by this Court and the CEC has submitted a report as to how the money collected is to be spent. A report has been submitted to this Court on 15/5/2007. We accept that report and direct that the Himachal Pradesh Forest department may constitute and form society within area of operation in the entire Kullu district and utilise this money in accordance with the suggestions made by CEC. A copy of the report of the CEC may also form part of this order. Dr. O.P. Agarwal, Director General, ICCI-INTACH has carried out an excellent work of removing the paintings on the rocks and beautification work. We appreciate the work done by him. Notices issued in this regard are discharged. 15. The IAs are disposed of. IA No. 908 in 724, 922, 1869, 2012 and IA 1023 in IA 908 and 922 16. The Small Scale Industries Association representing small scale industries running in the Andaman & Nicobar are permitted to file fresh application and the State of Andaman & Nicobar may also file application relating to opening of any sawmills. Association will file application within 8 weeks as stated. The IAs are disposed of. 17. Adjourned by 3 weeks. IA 923 in 392 and 263, 626 and 627 in IA 263 18. Adjourned by 4 weeks 19. Report to be filed by State by that time. IA 2009, 2009A and 2010 in 1399 and 2057 20. IAs are disposed of in view of order of this Court passed on 27th July, 2007 regarding Sawmills of U.P. IA 2059 21. CEC to file report within 6 weeks.