SUPREME COURT OF INDIA

Before:- B.N. Kirpal CJI., Mr. K.G. Balakrishnan and Mr. Arijit Pasayat, JJ.

IA NO. 756 in WP (C) 202 of 1995. D/d. 12.08.2002.

With

I.A. Nos.634-635 in W.P.(C) No.202/95.

With

C.P.(C) No. 193/2001 in WP(C) No. 202/195.

With

I.A. No. 773 in WP(C) No. 202/1995.

With

I.A. No. 774 in WP(C) No. 2002/1995.

With

I.A. No. 775 in I.A. Nos. 669 and 659 in WP(C) No. 202/1995.

With

I.A. No. 421 in WP(C) No. 202/1995.

With

I.A. No. 776 in I.A. No. 424 in WP(C) No. 202/1995.

With

I.A. No. 777 in I.A. Nos. 754-755 in WP(C) No. 202/1995 and Item No. 51, I.A. Nos. 778-779 in I.A. No. 502 in WP(C) No. 202/1995.

T.N. Godavarman Thirumalpad - Petitioner

Versus

Union of India & Ors. - Respondents

For the appearing parties :- Mr. Harish N Salve, SG (AC), Mr. U U Lalit, Adv. (AC), Mr. Siddharth Choudhary, Advocates.

For the Ministry of Environ-ment & Forests/UoI :- Mr. A D N Rao, Advocate.

For the Railways :- Mr. S Wasim A Qadri, Ms. Anil Katiyar, Advocates.

For the Railways IA No. 756 :- Mr. Harish N Salve, SG (AC), Mr. U U Lalit, Adv. (AC), Advocates.

For the Railways IA 634-635 :- Mr. Bharat Sangal, Ms. Tasneem Ahmadi, Ms. Sangeeta Panicker and Mr. Rana Ranjit Kumar Singh, Advocates.

For the Railways CP 193/01 :- Mr. P N Ramalingam, Mr. V Balaji, M/s. Arputham Aruna & Co., (NP), Advocates.

For the Railways IA 773 :- Ms. Rachna Srivastava, Advocate.

For the Railways IA 774 :- Mr. M N Krishnamani, Mr. P K Goswami, Mr. P K Jain, Advocates.

For the Railways IA 775 :- Mr. A.D.N. Rao, Mr. B.V. Balaram Das, Advocates.

For the Railways IA 421 :- Mr. Rajiv Tyagi, Mr. Dharmendra Tyagi and Mr. Aditya Sharma, Advocates.

For the Railways IA 776 :- Mr. Vivek Tankha, Adv. Genl., MP, Mr. S.K. Agnihotri, Mr. Rohit K Singh, Advocates.

For the Railways IA 777 :- Mr. J R Das, Mr. S Mishra and Mr. G Biswal, J R Das & Co., Advocates.

For the Railways IA 778-779 :- Mr. T R Andhyarujina, Sr. Adv., Mr. Shiraz Contractor Patodia, Advocates.

For the State of Assam :- Ms. Krishna Sarma, Ms. Asha G Nair and Mr. V K Sidatharan, M/s. Corporate Law Group, Advocates.

For the State of Arunachal Pradesh :- Mr. Anil Shrivastav, Advocate.

For the State of Andhra Pradesh :- Mr. T V Ratnam, Mr. K Subba Rao, Advocate.

For the State of Chhattisgarh :- Mr. Prakash Srivastava, Advocate.

For the Contemnor No. 1 in Cont Petn.193/01 :- Mr. Raju Ramachandran, Sr. Adv., Mr. Joseph Pookkatt, Mr. Prashant Kumar, Advocates.

For the Contemnor No. 2 in Cont. Petn. 193/01 :- Mr. Vishwajit Singh, Advocate.

For the Wildlife Protection :- Mr. Raj Panjwani, Advocate.

For the Society for Orissa :- Mr. Iqbal Shamsi, Advocate.

For the Intervenor :- Mr. Vijay Panjwani, Advocate.

For the Chandigarh UT :- Ms. Kamini Jaiswal, Ms. Shomila Bakshi and Ms. Aishwariya Rao, Advocates.

For the State of Goa :- Ms. A Subhashini, Advocate.

For the State of J & K :- Mr. M Aslam Goni, Adv. Genl., Mr. Anis Suhrawardy, Advocate.

For the State of Kerala :- Mr. K R Sasiprabhu, Advocate.

For the State of Manipur :- Mr. KH Nobin Singh, Advocate.

For the State of Uttaranchal :- Mr. Avtar Singh Rawat, Ms. Rachna Srivastava, Mr. Mahesh C Kaushiwa, Mr. Ajay K Agrawal, Mr. C Siddharth, Ms. Anamika Agrawal, Mr. Mahesh Chandra and Ms. Savitri Pandey, Advocates.

For the State of U.P. :- Mr. Ajay K Agrawal, Mr. C Siddharth, Ms. Anamika Agrawal, Mr. Mahesh Chandra and Ms. Savitri Pandey, Advocates.

Forest conservation - Encroachment in forest area - Duty of States which are deficient in the forest cover to contribute money in order to prevent deforestation and preserve ecological balance - Notice issued to UOI and various States/UTs to address argument on this aspect.

[Paras 4 and 5]

ORDER

I.A. Nos. 756

1. Bhure Lal Committee be reminded to submit a report within three weeks.

2. To come up on 9th September, 2002.

I.A. Nos. 778-779

3. Issue notice to the Amicus Curiae and the Union of India, returnable on 9th September, 2002.

Re : Report of Central Empowered Committee.

4. Recommendations of the Central Empowered Committee have been received. The parties may file their response to the Reports/Recommendations within three weeks.

5. The Empowered Committee was set up under orders of this Court. In our opinion, the said Empowered Committee should be notified under Section 3 of the Environment (Protection) Act as being a Committee for all the forest areas in the whole of India with power to give directions, hear objections and take decisions so that there is no need to approach this Court from time to time. Mr. A.D.N. Rao states that he will take instructions regarding this and inform the Court on the next date of hearing. We hope that by that date formal notification would be issued.

6. According to the Report of the Central Empowered Committee, there is large scale encroachment in the forest area, the total area being 7,25,861 hectares. This encroachment is in the area where the forest exists. The other States have much less land area under forest. A question had arisen as to why the States which are deficient in forest should not contribute to a fund to be disbursed amongst the States which have forests, which are prevented from cutting the same or allowing the same to be habitated. This is one of the main measures in which the forest can be conserved as the forest cover in existence is woefully low. In other words, taking the country as a whole, it should be the duty of the States which are deficient in the forest cover to contribute money in order to prevent deforestation; thereby preserving the ecological balance.

7. Notice to issue to the Union of India and the various State Governments/U.Ts. who will address arguments on this aspect on the next date of hearing and will also file the written submissions. The Amicus Curiae may also address on this aspect on the next date of hearing. To come up on 9th September, 2002.

8. Compliance report of Andaman & Nicobar is already on record.

9. Status report in the matter of investigation of C.B.I. in Sanjay Singh murder case be kept on record. The investigating team, which is not to be changed, shall submit periodic reports of progress.

10. Pending I.As. (I.A. Nos. 301 to 382) of saw mill owners be listed for final disposal in accordance with the recommendations of the Central Empowered Committee, on the next date of hearing.

11. Notice of the Reports of the Central Empowered Committee in respect of I.A. No. 703 and I.A. Nos.301-382 in WP(C) No. 202/95 respectively to go to all the States through the standing counsel and notice of the Report of the Central Empowered Committee in respect of I.A. No. 22 in WP(C) No. 171/96 to issue to the State of Jammu & Kashmir through the standing counsel.

Rest of the matters.

12. List on 9th September, 2002.

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