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2010 DIGILAW 871 (SC)

T. N. Godavarman Thirumulpad v. Union of India

2010-08-16

B.SUDERSHAN REDDY, R.M.LODHA, S.S.NIJJAR

body2010
ORDER : Orissa sawmill matters I.A. No. 941 in I.A. Nos. 754-755 with I.A. Nos. 777, 1131-1133, 1138-1146, 1184, 1272 in I.A. Nos. 754-755, 1361, 1579-1580 in I.A. No. 941 1. We have heard the learned counsel for the parties as well as Mr. P.S. Narasimha, learned amicus curiae. 2. These applications relate to the sawmills in the State of Orissa. This Court had earlier directed that no sawmills should be established within a radius of 10 km from the boundary of the forest area. 3. Pursuant to the directions of this Court many of the sawmills in the State of Orissa were closed down. At the same time, this Court having realised that those sawmills which were closed down are required to be rehabilitated, passed the orders on 10.7.2009. T.N. Godavarman Thirumulpad vs. Union of India, (2009) 16 SCC 481 directing the State of Orissa to make necessary arrangements to have industrial estates and take appropriate steps in that regard, if necessary, by making amendments to the provisions of the Orissa Saw Mills and Sawpits (Control) Act, 1991 (hereinafter referred to as “the Act”) and the Rules framed thereunder. The Court vide its order dated 10.7.2009 T.N. Godavarman Thirumulpad vs. Union of India, (2009) 16 SCC 481 accordingly, directed the State of Orissa to take urgent steps in that regard and ensure appropriate amendments to the said provisions of the Act and the Rules made thereunder so that the eligible applicants amongst the closed sawmills could be appropriately rehabilitated in due course. 4. By another order dated 7.5.2010 T.N. Godavarman Thirumulpad vs. Union of India, (2010) 15 SCC 177 based on the instructions submitted before the Court, a direction was issued requiring the State to take appropriate decision concerning amendments to the provisions of the said Act and Rules within a period of six weeks therefrom. 5. We are now informed that the Government has already taken appropriate decision in the matter and complied with the directions of this Court. The necessary amendments to the provisions of the Act are required to be made by the legislature. 6. In the circumstances, it would be appropriate to direct the State of Orissa to implement the directions of this Court dated 10.7.2009. The necessary amendments to the provisions of the Act are required to be made by the legislature. 6. In the circumstances, it would be appropriate to direct the State of Orissa to implement the directions of this Court dated 10.7.2009. T.N. Godavarman Thirumulpad vs. Union of India, (2009) 16 SCC 481 and 7.5.2010 T.N. Godavarman Thirumulpad vs. Union of India, (2010) 15 SCC 177 and accordingly, make and carry out necessary amendments to the provisions of the Act and the Rules framed thereunder in order to give effect to the rehabilitation plan. The industrial estates have to be identified so that these applicants are appropriately rehabilitated in terms of the directions issued by this Court from time to time. The exercise in this regard shall be completed within a period of six months from today. 7. In such view of the matter, no further adjudication is required in these applications and they are accordingly, disposed of. I.A. Nos. 2714-2715 8. We are not inclined to make any modification of our order dated 10.7.2009, T.N. Godavarman Thirumulpad vs. Union of India, (2009) 16 SCC 481 . 9. These applications are accordingly, dismissed. W.P. (C) No. 356 of 2007 10. The cause in this writ petition does not survive requiring any further adjudication. 11. This writ petition is accordingly dismissed as having become infructuous. 12. No orders on the application for impleadment, direction/modification and vacation of stay. West Bengal sawmill matters I.A. No. 1484, I.A. Nos. 2539-2540 in 1429, I.A. Nos. 2650-2651 in 1429 13. This Court vide its order dated 20.10.2008 T.N. Godavarman Thirumulpad vs. Union of India, (2010) 13 SCC 320 having accepted the report of CEC that there is adequate timber available only to accommodate 750 sawmills directed the State Government to consider as to whether the conditions suggested by CEC for grant of licences were acceptable to the Government and if they were so acceptable, to process the applications in accordance with the guidelines/suggestions issued by CEC. Further directions have been issued directing the State Government to issue licences based on the said guidelines/ suggestions. 14. It is now brought to our notice by the learned counsel for the State that the State Government having accepted the guidelines/suggestions and having processed the pending applications had already issued licences to the eligible applicants. 15. Further directions have been issued directing the State Government to issue licences based on the said guidelines/ suggestions. 14. It is now brought to our notice by the learned counsel for the State that the State Government having accepted the guidelines/suggestions and having processed the pending applications had already issued licences to the eligible applicants. 15. In such view of the matter, no further directions as such are required to be issued in these interlocutory applications. They are accordingly disposed of. Bihar sawmill matters I.A. Nos. 2423-2425, 2460-2461, 2522-2523 and 2537-2538 16. This Court vide its order dated 7.5.2010, T.N. Godavarman Thirumulpad vs. Union of India, (2010) 15 SCC 177 passed the following order: (SCC p. 178, Paras 7-8) “A large number of applications are pending with the Government for sawmill licences in the State of Bihar. The CEC has filed its report containing broad guidelines as regards the grant of sawmill licences. The State of Bihar has neither passed any final orders nor has it prepared a seniority list as directed by this Court. The State authorities are directed to prepare a seniority list of the eligible applicants who could be granted sawmill licences. The State should take action within a period of six weeks.” 17. Shri Gopal Singh, the learned Standing Counsel for the State of Bihar prays for grant of further time to take an appropriate decision in the matter to implement the directions of this Court. 18. Having considered the request so made by the learned Standing Counsel, we direct the State of Bihar to prepare a seniority list of the eligible applicants who could be granted sawmill licences in terms of our directions issued from time to time within a period of ten weeks from today and report compliance with this Court. 19. It is made clear that no further time shall be granted to implement the directions of this Court dated 7.5.2010. T.N. Godavarman Thirumulpad vs. Union of India, (2010) 15 SCC 177 . 20. Since no further directions are required to be issued in these interlocutory applications, they are disposed of accordingly. I.A. Nos. 1274-1275 21. These interlocutory applications are dismissed. 22. No orders on the applications for impleadment and directions. I.A. No. 2899 in W.P. (C) No. 202 of 1995