SUPREME COURT OF INDIA

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

I.A. No. 276 in W.P. (C) No. 202/1995 with I.As. 400, 414, 419, 420, 417 and 418. D/d. 7.5.1999.

T.N. Godavarman Thirumulpad - Petitioner

Versus

Union of India and others - Respondents

Public Interest Litigation - Environment and Forests - Implementation of Supreme Court's orders by certain States - No Forest Officer especially the one who is associated by the Survey of India with the work, shall be transferred - No regularisation of any forest or other land in this area shall be made till further orders of Court - Truck containing seized illegal timber, neither the timber nor the truck should be released - Other consequential directions issued.

[Para ]

JUDGMENT

I.A. No. 276

1. An affidavit has been filed on behalf of the State of Karnataka. It is inter alia stated therein that the Report of Mr. R M N Sahai was received by the State only on 29th April, 1999 and, therefore, it has not been possible for the State to file any affidavit in response to the said Report. Eight weeks' time is sought for to file a response. The said time is granted. Response be filed by way of an affidavit within eight weeks.

2. From the affidavit, it also appears that some survey was being carried out in the Chickamagalur area in respect of which certain orders were passed by the Minister concerned. Without going into the validity of the said orders, we direct the Survey of India to continue with the survey operation which it was carrying on in the said area and it may associate in the conduct of the said survey such officers of the Forest Department as may be required. The Report regarding encroachment in the Chickamagalur area of the forest should be submitted by the Survey of India to this Court, if possible, within three months. Copy of this order be sent by the Registry to the Survey General of India at Dehradun. During the conduct of the survey and till the submission of the Report, there shall be no administrative interference in the work which will be carried on by the Team of the Survey of India. During this time, no Forest Officer especially the one who is associated by the Survey of India with the work, shall be transferred. Lastly, no regularisation of any forest or other land in this area shall be made till further orders of this Court.

3. To come up for further orders in the week commencing 7th September, 1999. Subject to orders of Hon'ble the Chief Justice of India, the main Writ Petition (Civil) No. 202/1995 and all other connected lAs and matters be listed for final disposal on that day.

I.A. No. 400 and I.A. No. 414

4. We see no reason to issue any direction at this stage till the Court is satisfied that sufficient plantation wood will be available to the existing saw mills. An affidavit on record should be filed within eight weeks for the purpose of satisfying this Court that plantation wood is available in sufficient quantity. List thereafter.

I.A. No. 419 and I.A. No. 420

5. Notice to Union of India and State of Madhya Pradesh.

6. The Amicus Curiae may file his response to the application. The Ministry of Environment should also file a response to the applications and place on record all the material on the basis of which clearance was given by it. Response by the Ministry of Environment will be filed by 14th July, 1999 and by the Amicus Curiae by 31st July, 1999.

7. List in the first week of August 1999.

I.A. No. 417

8. Notice to the Amicus Curiae as well as to the Union of India.

9. In the meantime the applicants, i.e., the Railways are restrained from procuring or using any wooden sleepers in the whole of India.

I.A. No. 418

10. Notice to the State of Tamil Nadu returnable in the first week of August 1999.

11. In the meantime, no pattas with regard to any forest land shall be granted nor shall any encroachment be regularised.

I.A ..................(filed by Mr. Prashant Bhushan in the matter of Santosh Bharti).

12. Taken on board. I.A. be registered.

13. Notice to the State of Madhya Pradesh returnable in the first week of August, 1999.

14. The Amicus Curiae should also file a response.

15. In the meantime, it is directed that if there is any truck containing seized illegal timber, neither the timber nor the truck should be released.

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