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2012 DIGILAW 1190 (MP)

Satish Chandra Inani v. State of M. P.

2012-11-20

PRAKASH SHRIVASTAVA, SHANTANU KEMKAR

body2012
ORDER 1. By filing this petition in the nature of public interest litigation, the petitioner has challenged the action of the respondents in cutting and eradicating the trees in the thick forest land of Punjapura, Udayanagar, Panigao, Kantafod and Kannod range in District Dewas spread over almost 7395 hectares. 2. According to the petititoner by such action of the third respondent the thick forest will be vanished resulting in deforestation thereby bringing rampant change in the ecology of the area. It is also the case of the petitioner that the said action of the third respondent is against the provisions of The Forest (Conservation) Act, 1980 and rules made thereunder. Through this petition, the petitioner has sought issuance of mandamus directing the third respondent to stop the action of cutting of trees in the said areas. 3. The respondent No. 1 has filed reply. The respondents No. 2 and 3 have also filed a joint reply. 4. In the reply submitted by the respondents they have justified their action by submitting that they have cut the trees on the basis of the ‘working plan’ approved by the Central Government and the State Government. According to them, the working plan comprises of such ancillary to conservation, development and management of forest and wildlife. The activities which the respondents are carrying out are not prohibited. There is regeneration of trees which is being carried out by the respondents as per the working plan. The activity of the cutting of the trees is not on the whims of the respondent but is done on the basis of the working approved plan. They are cutting only dead, dying and diseased trees. The plants of seed origin are being planted at the area from where the dead, dying and diseased trees are felled down. 5. In the reply, it has further been stated that the Hon’ble Supreme Court in Writ Petition No. 202/1995 (T.N. Godavarman V/s The Union of India and others) has raised a concern with respect to deforestation and diminishing of the forest density in the different areas of the entire territory of India. The Hon’ble Supreme Court in the interim order dated 22.9.2000 gave certain directives which were to be followed by the Union Government as well as by all State Governments. The Hon’ble Supreme Court in the interim order dated 22.9.2000 gave certain directives which were to be followed by the Union Government as well as by all State Governments. In these directives the Hon’ble Supreme Court put a complete ban over the deforestation activity and the felling of trees and other activity which may result in the deforestation. The Hon’ble Supreme Court also directed for necessary prescription so as to ensure regeneration of the forest area, but however, the Hon’ble Supreme Court gave a liberty to the State Government to implement the forest prescription of the working plan with the prior permission and approval of the Central Government. The Hon’ble Supreme Court gave permission to carry out further activity in accordince with the working plan and further directed that the prohibitory orders of the Hon’ble Supreme Court with respect to the felling out of trees will not cause hindrance to the activity if it is in accordance with the working plan as approved by the Union Government as well as the State Government. 6. The respondents submitted that felling activity is only done of those trees which are dead, dying and diseased and other trees which are healthy are not touched. Further, it is stated that the dead, dying and diseased trees constitute nearly 30% of the area and the area of activity is only with respect of these trees. It is denied that they are carrying out the felling of trees randomly and the entire forest is being deforested. It is further stated that looking to the salient features of the working plan only those trees felled which are dead, dying and diseased and the healthy are left alone. The entire activity is being carried out as per as the working plan approved by the Central Government. 7. In the additional affidavit it has been further stated that the Ministry of Environment and Forest Department of the Government of India has approved the working plan vide the order dated 1.3.2012 and for the purpose of maintaining hygiene of the forest area the degraded, dead, diseased, dying and malformed trees are being cut and removed from the forest area. 8. We have heard learned counsel for the parties and perused the averments made in the petition and in the return. 9. 8. We have heard learned counsel for the parties and perused the averments made in the petition and in the return. 9. Learned senior counsel for the petitioner submits that the petitioner would be satisfied and the purpose of this PIL would be served if the respondents act strictly in accordance with the working plan and cut the trees only in accordance with the working plan for maintaining the hygiene of the forest and only the trees which are degraded, dead, diseased, dying and malformed are cut. 10. In view of the above, recording the stand taken by the respondents, we dispose of this petition directing the respondents to strictly adhere to the working plan and cut only the trees as permitted under it. 11. With the aforesaid writ petition stands disposed of.