SUPREME COURT OF INDIA

Before:- B.N. Kirpal, Mrs. Ruma Pal and B.N. Agrawal, JJ.

I.A. Nos. 295 and 662 in W.P. (C) 202 of 1995. D/d. 12.5.2001.

T.N. Godavarman Thirumalpad - Petitioner

Versus

Union of India and others - Respondents

Forest Act, 1927, Section 41 - Forest - Social forestry - Movement of timber and timber products - To update the order in partial modification its of earlier order dated 23-4-2001 the Supreme Court issues further directions.

[Para 1]

ORDER

After hearing the counsel for the parties, in partial modification of our earlier order dated 23rd April, 2001, we direct as follows :

1. The movement permitted hereunder shall be on the indent of the District Forest Officer (DFO) or any other authorised Forest Officer on an application being made by the registered timber transporter. In case any illegal timber is found to be transported, it will be open to take action against the concerned Forest Official under whose supervision and control the seal has been affixed on the railway wagon. In the event the seals are tampered with, the Railways can also be proceeded against. The responsibility of the above two is in addition to the primary responsibility of the registered timber transporter on whose application the indent was made.

2. Movement of timber and timber products, including sawn timber, veneer and plywood, outside North-East shall be permitted only if sourced from or processed in High Powered Committee cleared wood based units situated inside approved industrial estates except in respect of Mizoram where no industrial estates exist. Round and hand sawn timber, save in cases where specific approval is accorded by the High Powered Committee/Ministry of Environment and Forests, shall not be allowed to be transported outside North East except in the case of Mizoram. Movement of timber and timber products for Mizoram shall be regulated as per guidelines prescribed by the Special Investigating Team.

3. Felling of trees from forests shall be only in accordance with working plans/schemes or felling schemes approved by Ministry of Environment and Forests as per this Court's order dated 15-1-1998. It is again clarified that such working plans/schemes shall also be needed for felling of trees from any non-Government forest area including the lands which are required to be treated as "forest" as per this Court's order dated 12-12-1996. While implementing the working plans/schemes approved by the Central Government, State Government or the concerned authority, as the case may be, shall ensure that no felling is done unless and until sufficient financial provisions exist for regeneration of such areas as per this Court's directions dated 22-9-2000. For felling of trees from non-forest area including in respect of plantations on non-forest areas, detailed guidelines/rules shall be framed by the concerned State Government which shall come into effect after the same are concurred with modification, if any, by the Ministry of Environment and Forests. The guidelines/rules shall also include provision for penalties and mode of disposal in respect of any felling done in violation of such guidelines/rules. Till such guidelines/rules become effective, no felling from any area other than under approved working plans/schemes or felling schemes shall be permitted. The schemes, guidelines/rules which shall be framed by the concerned State Government within three months and decision thereon shall be taken by the Ministry of Environment and Forests within one month of the date of receipt.

4. Clearances given by the High Powered Committee to the inventory of the timber, other than the timber owned by the Government or Government owned Forest Corporations, which has not so far been transported to the notified industrial estates, stands confiscated to the State Government free from all liabilities.

5. All concerned State Governments and railways shall strictly follow the guidelines issued by the Special Investigating Team. The High Powered Committee, Special Investigating Team or any other authority constituted under the directions of this Court are empowered to issue orders for confiscation of any vehicle including trucks and boats used for movement of any timber or timber products which has been or was being used for transportation of timber/timber products in violation of any orders of this Court. The High Powered Committee, Special Investigating Team or any other authority constituted under the directions of this Court. The State Government and other concerned authorities shall provide all necessary assistance sought for this purpose.

6. The Special Investigating Team shall from time to time prescribe the maximum number of railway wagons for each of the approved loading stations which may be allowed for each quarter for transportation of timber including sawn timber. The railway shall ensure that in no case the limits are exceeded.

7. Periodic reconciliation of records regarding receipt, conversion, disposal and movement of timber/timber products by various wood based units shall be carried out for which detailed guidelines shall be issued by Ministry of Environment and Forests after consulting the State Governments and Railways within two months. It shall be ensured by the concerned State Governments as well as the Railways that these guidelines are strictly adhered to.

8. Transit passes printed only on water-marked papers shall be used for transportation of timber/timber products with effect from a date to be fixed by Ministry of Environment and Forests which shall not be later than 1st December, 2001.

9. In respect of plywood and veneer units, detailed guidelines shall be issued by Ministry of Environment and Forests for regulating maintenance and reconciliation of records by the unit as well as the State Government in respect of receipt of raw materials such as timber, veneer etc., conversion into finished products, disposal and movement. The guidelines shall be issued within three months.

10. The High Powered Committee, Special Investigating Team or any authority constituted under the orders of this Court shall be at liberty to issue directions for detention, verification, seizure, confiscation, disposal etc. of timber or timber products including that in transit. Such directions issued to the registered timber transporter, consignee, owner of the consignee, transporter, State Government, railways or any other authority shall be binding on them.

11. The question of demurrage/wharfage claimed by Railways in respect of goods detained shall be decided in such manner as this Court may order. Pending such decision, the Special Investigating Team will be at liberty to dispose of the confiscated goods and keep the proceeds in a separate bank account after payment of direct expenses and will abide by the orders of this Court for its utilisation. The Railways will not object to the goods being lifted without payment of demurrage or wharfage in view of this arrangement.

12. The Chief Secretaries of North Eastern States shall immediately review the action taken against officials and others found responsible for significant illegal felling as per para 27 of this Court's order dated 15-1-1998 and those involved in movement of illegal timber seized/confiscated by the Special Investigating Team. Wherever it is found that the action taken requires to be reviewed, the concerned State Government shall take appropriate steps be it in the nature of departmental proceeding or criminal proceedings as may be necessary to assure this Court that the States are serious in creating an environment of deterrance against illegal felling of trees. The Railways shall also review the action taken and take corrective measures required. An action taken report shall be submitted to this Court through an affidavit by the concerned Chief Secretaries within sixty days which inter alia should include their observations about adequacy of the action now taken against the concerned officials. The proceedings for confiscation of trucks and other vehicles used for movement of illegal timber, especially where such movement has taken place using fake/tampered/expired transit passes, may also be reviewed. Such review shall also be done by the Chief Secretary while taking half yearly review meeting as per para 22 of this Court's order dated 15-1-1998.

13. State of Meghalaya wanted that the natural forests including artificially generated pine plantations on private holdings in Meghalaya may be allowed to be harvested in accordance with the time honoured customary and traditional rights subject to the rules and regulations framed by the concerned autonomous District Councils under the provisions of their Management and Control of Forest Act, 1958, read with the provisions of the Meghalaya Forest (Removal of Timber) Regulation Act, 1981, and prescribed norms as per duly approved working schemes. Ministry of Environment and Forests will give its response to this request at the next date of the hearing.

Directions with regard to setting up of Nodal Agencies in the States of M.P. and Chhattisgarh to dispose of the interlocutory applications with regard to overseeing the working of the forest.

2. After hearing the counsel for the parties and pending the Constitution of a statutory agency under Section 3 of the Environment (Protection) Act, we constitute Empowered Committee each for the States of Madhya Pradesh and Chhattisgarh consisting of representatives of the respective States on the one hand and the representatives of the Ministry of Environment and Forests (MOEF) on the other. These Committees will consider such of the applications which are pending in this Court or future applications which the respective Advocates General think can be regarded as representations to be decided by the respective Empowered Committees the decisions being in conformity and in accordance with the orders passed by this Court from time to time.

3. For the States of Madhya Pradesh and Chhattisgarh, the respective Empowered Committees will be headed by a person nominated, within one week, by the Secretary, MOEF, Government of India, in consultation with the amicus curiae and the Advocates General of the respective States. The members of the Empowered Committee would be two persons nominated by the Chief Ministers of the respective States and two persons nominated by the Secretary, MOEF. At least one of the nominees of the States as well as of the Union of India shall be non-official and preferably a reputed N.G.O. This nomination should be completed within one week from today.

4. The Empowered Committees' remuneration with regard to the Members of the Committees will be considered on the next date of hearing.

5. The meetings of these Empowered Committees will be held in the respective States' Capitals or at such other places which the Chairman may decide. The first meeting of the Empowered Committees in the respective States would be held on or before 31st May, 2001.

6. The Empowered Committees will consider and if possible dispose of the application which would be treated as representations in conformity with the orders passed by this Court. In case any modification of an order becomes necessary, the parties will be at liberty to approach this Court even during this Summer Vacation.

7. The Empowered Committees should submit their reports by 31st July, 2001 on the work done by them.

8. The procedure for deciding the applications as representations will be decided by the Empowered Committees which will give a reasonable opportunity to the applicants of being heard.

I.A. Nos. 295 and 662.

9. Adjourned.

Order accordingly.