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2009 DIGILAW 169 (SC)

T. N. GODAVARMAN THIRUMULPAD v. UNION OF INDIA

2009-01-30

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

body2009
ORDER IAs Nos. 2423-25 and 2460-61 with IAs Nos. 1274-75 1. Learned amicus curiae points out that in the State of Bihar, availability of timber is less but there are large number of applications either for starting fresh sawmill or restarting and/or continuance of old sawmill which are stated to be holding licences. CEC has filed a report to the effect that the State should prepare a seniority list of the sawmills so that eligible applicants could be identified. The State may prepare the list and file it as suggested by CEC within six weeks and the seniority list can be prepared. 2. The applicant in IA No. 2424 submits that• the paste units shall be excluded as they are not using the timber. We make it clear that these units are generally treated as sawmill units as they are using the forest produced. 3.The applicants in IAs Nos. 2460-61 would be at liberty to approach the State authorities and place their contentions while preparing the seniority list. The State is at liberty to file their reply/response, if any, within six weeks. IA No. 2469 4. Issue notice to CEC. Response/reply, if any, within two weeks IA No. 2493 in 1780-81 5. Learned counsel for the applicant seeks permission to withdraw IAs Nos. 1780-81. Permission sought for is granted. The applications are dismissed as withdrawn. IA No. 2493 is allowed accordingly. IAs Nos. 1868,2091,2225-27 and 2380 6. List on 6-2-2009. IAs Nos. 2147-48 7. List on 6-2-2009. IAs Nos. 2481, 2482 and 2489 in 1399 8. Issue notice to CEC. Reply/response, if any, may be filed within four weeks. IA No. 2486 9. This application has been filed on behalf of the State of Gujarat seeking permission for removing gregariously flowered dead bamboo from Puma Wildlife Sanctuary in the State. CEC has filed its recommendations indicating parameters so that it may not cause destruction to other wild species. Reply/response, if any, may be filed within four weeks. IA No. 2486 9. This application has been filed on behalf of the State of Gujarat seeking permission for removing gregariously flowered dead bamboo from Puma Wildlife Sanctuary in the State. CEC has filed its recommendations indicating parameters so that it may not cause destruction to other wild species. The following conditions are suggested by CEC: "(i) the removal and use of the dead bamboo should be done strictly in accordance with the provisions of Section 29 of the Wild Life (Protection) Act, 1972; (ii) the gregariously flowered dead bamboo should be felled and removed from the Sanctuary through the Eco-Development Committees under the strict supervision of the Forest Department, without causing damage to the new and regenerating clumps of bamboo; (iii) strict protection from fire and grazing should be undertaken along with proper soil and moisture/water conservation measures to ensure regeneration of the young bamboo in the Sanctuary; and (iv) the area from which dead bamboo has been removed should be regenerated by allowing natural regeneration of bamboo mixed with other associated miscellaneous species of trees to prevent recurrence of vast area of monoculture i.e. spread of a single type of vegetation-bamboo." These conditions are acceptable to the State of Gujarat. The application is allowed, subject to fulfilment of the above conditions as imposed by CEC. IAs Nos. 2487-88 9 10. Issue notice to CEC. Reply/response, if any, may be filed within four weeks. CA Nos. 8133-34 of2003 with CA No. 8135 of 2003 11. List on 20-2-2009. Response, if any, be filed by CEC in the meanwhile. Court Masters