JUDGMENT :- Jyotirmay Bhattacharya, J. Series of litigations are pending before the Hon’ble Supreme Court concerning environment and forests relating to survey of ecosystem of Andaman & Nicobar Islands. Two applications being IA No.502/1999 and IA No.723-24/2001 were filed in connection with such a Writ Petition being Writ Petition (Civil) No.202/1995. An order was passed by the Hon’ble Supreme Court on 7th May, 2002 in those two applications containing several directions for protection of natural forests as well as regeneration thereof in A & N Islands. A portion of the said order which is relevant for the present purpose is reproduced hereunder:-“……. …….. …. (8) The licences of all the saw–mills and wood-based industries shall not be renewed after 31st March, 2003. This will not debar the authorities from canceling licences in accordance with law, if there is no breach of the Licence Committee by the Licences before that date. (9) The ecology of the area does not permit any kind of industrial activity for which the wood is likely to be consumed. Therefore, licences of wood-based industries shall stand cancelled but they will be permitted to exhaust the existing stock till 31st March, 2003. (10) The Union of India if it so adopts and thinks appropriate may take steps for relocating the dislocated wood-based industries in the main land area anywhere in India as long as it is not within the vicinity of forest area. Henceforth for meeting the local requirements it is only the Government saw-mills which shall operate. No fresh wood or logs shall be given to any of the saw-mills or the wood-based industries till fresh working plans are prepared and submitted to this Court and the approval obtained. (11) With immediate effect, there will be no movement of logs or timber in any form including sawn timber from Andaman & Nicobar Islands to any part of India or anywhere else.” Pursuant to the aforesaid order of the Hon’ble Supreme Court, all the saw-mills, ply wood units and other wood based units were closed in A & N Islands. (11) With immediate effect, there will be no movement of logs or timber in any form including sawn timber from Andaman & Nicobar Islands to any part of India or anywhere else.” Pursuant to the aforesaid order of the Hon’ble Supreme Court, all the saw-mills, ply wood units and other wood based units were closed in A & N Islands. Subsequently, after devastation of the A & N Islands by the Tsunami earthquake, an application being I.A. No.2208 in the said writ petition being WP(C) No.202 of 1995 was filed by A & N Islands Small Scale Wood Based Industries Association inter alia praying for modification of the aforesaid order passed by the Hon’ble Supreme Court on 7th May, 2002 so that the units of the members of the applicant Association may be permitted to function with the local supply of timber or imported timber for supplying the swan timber to the various places of the Islands for the benefit of rural and earthquake Tsunami victims. Such modification was also sought for, so that the members of the said Association are also permitted to function for extracting and working on the uprooted non-forest trees for the private land for meeting the requirement of the local need. While dealing with the said application, the Hon’ble Supreme Court passed an order on 25th April, 2008 directing the Central Empowered Committee (CEC) to file its response within four weeks. The applicant was also permitted to file additional application suggesting the ways and means by which they would prevent the illicit use of timber/forest trees. Ultimately the CEC submitted its report before the Hon’ble Supreme Court wherein the following recommendations were made:- “a) the existing Government saw mill at Betapur, Middle Andaman may be upgraded and renovated by the Andaman & Nicobar Forest Department. In addition, upto five make shift saw mills, each with one Vertical Band Saw and one Horizontal Band Saw, may be permitted to be set up in the Islands at the locations to be decided by the Andaman & Nicobar Forest Department. b) the upgraded Government saw mill in Middle Andaman Island as well as these five make shift saw mills may be operated by the Forest Department or other Government Agencies/Corporation or on public private partnership basis. b) the upgraded Government saw mill in Middle Andaman Island as well as these five make shift saw mills may be operated by the Forest Department or other Government Agencies/Corporation or on public private partnership basis. c) The detailed guidelines, procedure and the terms and conditions in this regard may be decided by the State Forest Department and which inter alia should include: (i) the locations of the make shift saw mills; (ii) procedure for the selection of the person(s) in case the Government saw mill at Betapur, Middle Andaman or such make shift saw mill(s) is/are decided to be run on public private partnership basis; (iii) the species of the local timber/imported timber that would be allowed to be used by such saw mills; (iv) proper records such as the receipt, conversion, disposal and other registers to be maintained in the unit; (v) details of the periodic returns to be filed by each unit; and (vi) the checks and balances to prevent the use of the illicitly cut timber and the procedure for the termination of the contract. d) A periodic review should be carried out by the Andaman & Nicobar Islands Forest Department to assess and decide the locations of the make shift saw mills and whether their number can be curtailed, considering that over time the Tsunami related requirements of wood is likely to come down.” The said report was accepted by the Hon’ble Supreme Court on 21s November, 2008 with the following orders:- “The Andaman and Nicobar Islands Small Scale Wood Based Industries Association in Andaman & Nicobar Islands has filed this application seeking permission to have saw mills in the Andaman & Nicobar Islands. The CEC has made series of recommendations as to how the regulation of supply of timber and making available the timer to these units will have a serious impact leading to deforestation. The CEC has made series of recommendations as to how the regulation of supply of timber and making available the timer to these units will have a serious impact leading to deforestation. The suggestions/recommendations made by the CEC are acceptable to the applicant and it may take further steps in the matter to see that these suggestions/recommendations are complied with.” The writ petitioner herein whose saw mill unit was closed down following the aforesaid order of the Hon’ble Supreme Court dated 7th May, 2002, also filed an identical application before the Hon’ble Supreme Court for modification of the aforesaid order dated 7th May, 2002 so that the petitioner is permitted to re-start the operation of saw mill upon such conditions as will be prescribed by the Hon’ble Supreme Court. The petitioner’s said application which was registered as IA No.1375 of 2005 is still pending for decision before the Hon’ble Supreme Court. Subsequently, the Assistant Conservator of Forests (Planning and Statistical Cell) intimated the General Secretary of the Andaman and Nicobar Small Scale Wood Based Industries Association by his letter dated 31st March, 2009 that the Administration of Andaman and Nicobar Islands decided to set up four make shift saw mills in South Andaman and one make shift saw mill in North Andaman on the condition that they will supply sawn timber to Nicobar and Little Andaman islands as per the requirement and the price fixed by the Forest Department. The five members of the said Association who were allowed to operate their make shift saw mills at different locations were also mentioned in the said letter. Those five members of the Association are as follows:- (1) M/s Amarias Trading Co. Saw Mill (2) M/s Mukesh Lall Saw Mill (3) Andaman Cottage Match Industries (4) Arasan Cottage Match Industry & Saw Mill (5) Andaman Cottage Pencil Wood Industries In fact, agreement had also been entered into between the Administration of Andaman & Nicobar Islands and those five units for allowing those five units to operate their respective make shift saw mills at different locations as mentioned in the said agreement, The terms and conditions under which the said units are required to operate the said saw mills, have also been mentioned in the said agreement. Immediately thereafter, the writ petitioner herein submitted a representation before the Principal Chief Conservator of Forests on 20th April, 2009 seeking his permission to allow the writ petitioner to operate his saw mill as make shift saw mill. Since the said application has not yet been considered by the concerned authority, the petitioner is aggrieved. This is one of the reasons for which the petitioner has filed the instant writ petition. The petitioner has also other grievances against the concerned officials of the A & N Administration as they selected those five units to operate their units as make shift units at different locations in A & N Islands, without following and/or observing the recommendations made by the CEC as mentioned above. The petitioner complains that even the Pencil Wood Industries and Cottage Match Industries have also been selected for operating their units though those units are not saw mills. The petitioner further complains that even the said selection was made without formulating the guidelines for such selection as per the recommendation of the CEC, as aforesaid. Various other irregularities were also pointed out by the petitioner in the process of selection of those units for operating as make shift saw mills at different locations in A & N Islands. The writ petitioner has thus filed the instant writ petition seeking appropriate reliefs so that the selection of those five units for operating as make shift saw mills at different locations in A & N Islands is quashed and the petitioner’s representation for allowing him to operate as make shift saw mill in A & N Islands is allowed. The information which was received by the petitioner from the concerned department under the Right To Information Act showing that such selection of five units were made by the concerned authority without formulating the guidelines for such selection in terms of the recommendation of CEC has also been annexed to this writ petition. Mr. Mandal, learned Government Pleader appearing for the official respondents, submits that the petitioner has no locus to maintain this writ petition. He submitted that the entire process for selecting those five make shift saw mills was originated from the order passed by the Hon’ble Supreme Court on the application filed by the A & N Small Scale Wood Based Industries Association. He submitted that the entire process for selecting those five make shift saw mills was originated from the order passed by the Hon’ble Supreme Court on the application filed by the A & N Small Scale Wood Based Industries Association. The recommendation which was made by the CEC for setting up five make shift saw mills in A & N Islands was accepted by the Hon’ble Supreme Court and in terms of the recommendation made by the CEC, the Administration invited the names of suitable members of the said Association who can be allowed to operate such make shift saw mills in A & N Islands. He further submitted that the Administration selected all those five units as per the recommendations made by the Association and as such the Administration cannot be blamed for any irregularities in the process of such selection. Mrs. Nag, learned advocate appearing for those selected units submits that the petitioner cannot maintain this writ petition before this Court as implementation of the order passed by the Hon’ble Supreme Court cannot be made by this Court in its Writ Jurisdiction, particularly when the authorities are accused for violation of the order of the Hon’ble Supreme Court. This Court finds much substance in such submission of Mrs. This Court finds much substance in such submission of Mrs. Nag as this Court finds that such selection was made on the basis of the recommendation of the CEC which was accepted by the Hon’ble Supreme Court and thus the recommendation made by the CEC was made a part of the proceeding before the Hon’ble Supreme Court and as such this Court, by taking note of the facts that (i) the parent proceeding is still under consideration before the Hon’ble Supreme Court, (ii) decision for setting up those five make shift saw mills was taken by the authority by following the direction of the Hon’ble Supreme Court passed on the application of the Association, and (iii) the writ petitioner’s application for allowing them to restart its saw mill, is still pending before the Hon’ble Supreme Court, declines to entertain this writ petition before this Court with this rider that if the petitioner has any grievance in the process of selection of those five units for operating their respective make shift saw mills in different locations of A & N Islands, the writ petitioner may approach CEC for redressal of his grievances and if the CEC remains inactive in implementation of its recommendation in terms of the aforesaid order of the Hon’ble Supreme Court, then the petitioner may approach the Hon’ble Supreme Court, where the original writ petition is still pending. This Court thus holds that the present writ petition is a premature application. That apart, since the setting up of the make shift saw mills is the ultimate outcome of the order passed by the Hon’ble Supreme Court on the Association’s application, the petitioner’s right to get any benefit out of the said order of the Hon’ble Supreme Court is doubtful as the petitioner has ceased to become a member of the said Association due to non-payment of its membership subscription and its name has not been included in the list of members of the said Association. This Court, is thus of the view that the petitioner has no locus to maintain this writ petition, as, in my opinion, it cannot claim any benefit out of an interim order of the Hon’ble Supreme Court, which was passed on the application of the Association, in which the petitioner is not a member. This Court, is thus of the view that the petitioner has no locus to maintain this writ petition, as, in my opinion, it cannot claim any benefit out of an interim order of the Hon’ble Supreme Court, which was passed on the application of the Association, in which the petitioner is not a member. Though it is true that the recommendation was not explicitly made by CEC for setting up those make shift saw mills from the members of the said Association only, but normally the benefits of an interim order cannot be extended to a person other than the parties to the proceeding. Since the make shift saw mill was directed to be set up by an interim arrangement by the Hon’ble Supreme Court, on the application filed by the Association, the said interim arrangement, in my view, cannot be extended to the petitioner who is not a member of the said Association. Of course, it cannot be held that such selection from the members of the Association cannot be challenged, even if the selection is improper and/or is made in violation of the guidelines framed by the CEC. But when such challenge is made complaining violation of the guidelines of the CEC which is an outcome of the order of the Hon’ble Supreme Court and was also approved by the Hon’ble Supreme Court, it will be proper for the aggrieved parties to approach the CEC for redressal of his grievances in terms of the order of the Hon’ble Supreme Court and if the CEC remains inactive, he may approach the Hon’ble Supreme Court for appropriate relief, particularly when the entire matter is now subjudiced before the Hon’ble Supreme Court. This Court holds that the decision cited by Mr. Das in the case of Indian Council For Enviro-Legal Action v. Union of India reported in (1996) 5 SCC 281 cannot be applied in the instant case as implementation of the order of the Hon’ble Supreme Court is not the only object of the petitioner herein; rather the petitioner’s complaint regarding violation of the order of the Hon’ble Supreme Court is the main challenge in this writ petition. The writ petition is thus disposed of with the above observations.