T.N. Godavarman Thirumulpad v. Union of India (SC) BS186021

T.N. Godavarman Thirumulpad v. Union of India (SC) BS186021 SUPREME COURT OF INDIA

Before:-B.N. Kirpal, V.N. Khare and M.B. Shah, JJ.

Item No. 1A, I.A. No. 421 in W.P. (C) No. 202 of 1995, Item No. 1A1, I.A. Nos. 477 and 480 in I.A. No. 424 in W.P. (C) No. 202/1995 with I.A. No. 484 in I.A. No. 424 in W.P. (C) No. 202 of 95 with I.A. No. 478 in W.P. (C) No. 202 of 95, I.A. No. 500 in I.A. No. 424 in W.P. (C) No. 202 of 1995, I.A. No. 501 in I.A. No. 417 in W.P. (C) No. 202 pf 1995, I.A. No. 503 in W.P. (Cl No. 202 of 1995, I.A. No in I.A. No. 424 in W.P. (C) No. 202/1995, I.A. Nos. 419 and 420 in W.P. (C) No. 202 of 95, I.A. No. 276 in W.P. (C) No. 202 of 1995, I.A. No. 511 in W.P. (C) No. 202 of 1995, I.A. No. 512 in W.P. (C) No. 202 of 1995, I.A. No. 513 in W.P. 40 (C) No. 202 of 1995, I.A. No. 513A in W.P. (C) No. 202 of 1995, I.A. No. 514 in W.P. (C) No. 202 of 1995, I.A. No. 516 in W.P. (C) No. 202 of 1995, I.A. No. 518 in W.P. (C) No. 202 of 1995, I.A. No. 519 in W.P.(C) No. 202 of 1995, LA No. 520 in I.A. No. 424 in W.P. (C) No. 202 of 1995, I.A. No. 521 in I.A. No. 424 in W.P. (C) No. 202 of 1995, IA. Nos. 526 and 527 in W.P. (C) No. 202 of 1995, I.A. No. 528 and 528A in W.P. (C) No. 202 of 1995] Item No. 1A2, I.A. No. 539 in I.A. No. 424 in W.P. (C) No. 202/1995 with I.A. Nos. 540-541 in I.A. No. 424 in W.P. (C) No. 202 of 1995, I.A. Nos. 542-543 in I.A. No. 424 in W.P. (C) No. 202 of 1995, I.A. Nos. 544-545 in I.A No. 424 in W.P. (C) No. 202 of 1995. D/d. 14.2.2000.

T.N. Godavarman Thirumulpad - Petitioner

Versus

Union of India and others - Respondents

Wildlife Protection Act, 1972, sectionS 18 or 35

JUDGMENT

1. I.A. No. 421 : Mr. K.N. Rawal, ASG seeks four weeks 5 time to file a reply. Reply be filed within four weeks and rejoinder within two weeks thereafter. List after six weeks. Stay of recovery by coercive process in the meantime.

2. I.A. No. ........... (filed by Mr. P.K. Manohar, Adv.): An application has been filed through the Amicus Curiae in court, inter alia, praying for clarification that the order dated 12th December, 1996 contained a ban against the removal of any fallen trees or removal of any diseased or dry standing tree from the areas notified under section 18 or 35 of the Wildlife Protection Act, 1972. Let the same be taken on record.

3. Issue notice to all the respondents. In the meantime we restrain respondents Nos. 2 to 32 from ordering the removal of dead, diseased, dying or wind-fallen trees, drift wood and grasses, etc. from any National Park or Game Sanctuary or forest. If any order to this effect has already been passed by any of the respondent-States, the operation of the same shall stand immediately stayed.

4. Reply be filed within three weeks.

5. The Union of India will also Indicate in its reply affidavit as to what safeguards or steps should be taken in relation to such trees.

6. The Registry should communicate this order of stay to the Chief Secretaries of all the States immediately without payment of process fee.

7. It is submitted by the Amicus Curiae that it has been reported in the Press that the State of Himachal Pradesh has passed some orders lifting the ban on felling of trees in that State. It is submitted that by order dated 12th December, 1996 of this Court in W.P. (C) No. 202/1995 felling of trees in any forest, public or private, has been banned and this order has not been varied so far. He, therefore, submits that if there is any order issued by the State of Himachal Pradesh giving permission to the felling of trees, that would amount to contravention of this Court's order dated 12th December, 1998 and would, therefore, be bad in law.

8. We issue notice to the State of Himachal Pradesh to file an affidavit within three weeks so as to inform the Court whether any such order has been passed. We make it clear that if any such order has been passed, the operation of the same shall remain stayed till further orders by this Court.

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9. IA. No. 513: An affidavit is stated to have been filed on behalf of the Ministry of Environment in reply to this I.A. The Chief Secretary, State of M.P. should file his response to this affidavit within two weeks from today. In particular, the Court would require information with regard to paragraph 5 of the said affidavit. If the said affidavit affirms that the land records of Damoh for the period 1910-11 to 1954-55 are missing, then the said affidavit must indicate as to when was it known that the said records are missing and what steps have been taken to trace the said records. Explanation should also be given as to why compensatory afforestation in respect of 1.03 lakh hectares as stipulated in the Ministry's order of 1990 has not been carried out. The State should show cause that as the condition which was stipulated for granting permission for diversion of 1.03 lakh hectares for non-forest use has not been fulfilled, i.e., compensatory afforestation not having taken place, why should the State not be directed to reclaim the encroached land which had been allowed to be diverted.

10. It has been stated in the affidavit of the Ministry that there is some timber which is felled and is lying in the Government Depots which this Court may consider allowing it to be moved in public interest due to the dependency of the local population on the said timber. We are informed at the Bar, on instructions, that approximately 3 lakh cubic metres of timber is lying in the Government Depots. This quantity of timber would represent approx. 15 lakhs natural grown trees which have been cut. Be that as it may, as per the additional affidavit filed on behalf of the State of M.P., lying in the Government Depots are wooden poles and fuel stacks, apart from cut teak and saal trees. We do not have on Court's record details of the felled timber lying in the Government Depots as, it is stated, the inventory has not been carried out in toto. Considering the need of the local population, we permit the State to remove 50 per cent of the poles having a girth of not more than 60 cms. each and 50 per cent of the fuel stacks which are already stored in the Government Depots. We do not permit the removal of any other type of timber from the Government Depots till further orders except that the State Government may supply 10,000 cubic metres of saal and/or teak wood for small scale industries, workshops, furnitures makers, etc. out of its said stock.

11. List on 28th February, 2000.

12. IA. No. 514 : Issue notice returnable in two weeks. The State of M.P. and the Union of India should file an affidavit in reply to this application. In particular, it should be stated as to what is the quantity of timber which was auctioned by the State or on before 17th December, 1999 and in respect of which payment has been received from the auction purchasers. List on 28.2.2000.

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13. Other I.As. listed today be listed on 21.2.2000.