SUPREME COURT OF INDIA

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

I.A. Nos. 417, 418, 419, 420 and 424 in W.P. (C) No. 202 of 1995 with I.A. No. 437 in I.A. No. 276 in W.P. (C) No. 202/95. D/d. 2.8.1999.

T.N. Godavarman Thirumulpad - Petitioner

Versus

Union of India and Others - Respondents

Environment and Forests - Mining and Timber Trade - Non-implementation of Supreme Court's orders by certain States - Directions issued.

[Para ]

Cases Referred :-

T. N. Godavaraman Thirumulpad v. Union of India, 1999(4) Scale 12.

JUDGMENT

B.N. Kirpal, J. - I.A. No. 417

Adjourned to 7th September, 1999.

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

2. Reply be filed by the State of Tamil Nadu within three weeks. Response to that reply by the Amicus Curiae be filed within 10 days thereafter. To come up on 7th September, 1999.

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

3. These two applications are for the purpose of getting permission to work the mines. These applications which have been filed by National Mineral Development Corporation Ltd. (NDMC), inter alia, state that they are existing lessees and they have been operating the mines for over 20 years.

4. From the papers, we find that afforestation was required to be done by NDMC. It is not clear as to what was the condition which was imposed with regard to afforestation, how much afforestation has actually been taken place and what is the present statue of the trees if they have been planted. A further and better affidavit in this regard is required which should also indicate the type of trees which have been planted by way of afforestation. Both the Ministry of Environment and the NDMC should file this affidavit within three weeks.

5. The State of Madhya Pradesh should also file an affidavit indicating as to how much money it has received from NDMC for the purpose of afforestation, how that money has been utilised and what is the present statue of afforestation, if it has been carried out.

6. All the affidavits should be filed along with photographers/sattelite imagery, if available/serial photographs.

7. To come up on 7th September, 1999. I.A. No. 424

8. We have heard the learned counsel for the parties at some length and with some concern.

9. We are dealing here with a State which was full of teak forests which is now fast dwindling. In the reply to the application the State of Madhya Pradesh has justified the action of allowing trucks laden with cut wood to be taken away on the plea that that wood belonged to bhoomiswamis. How such a plea could be taken in the face of this Court's order dated 12.12.19996 is beyond comprehension. Further more, no details have been given as to who the bhoomiswamis are to whom the land belonged and what is the extent of the trees which have been taken out.

10. On attention has also been drawn to a case where a crane was supperhended in this forest area along with two trucks carrying timber. Our attention was also drawn to the order dated 2nd June, 1999 passed by one Anil Shrinivasan, Chief Judicial Magistrate, Damoh. We are surprised that despite this well-considered and correct order, how the counsel for the State before the High Court conceded and did not oppose the handling over of the crane to the owners thereof. If the State finds out that the concession was made by the counsel on instructions by the State, the State will give an explanation to this Court as to why these instructions were given. If the counsel acted without instructions, then no further cases relating to forests should be entrusted to him.

11. In order to know the correct state or affairs with regard to the allegations made in IA No. 257/97, we feel that the same should be looked into by an impartial agency. Mr. N.K. Sharma Addl. I.G. (Forests), Ministry of Environment, New Delhi, is directed to investigate the facts and give a report to this Court with regard to the matters contained in IA No. 257/97, Papers of this IA as well as any other relevant document including reply, affidavits, etc. should be given to Mr. Sharma who should file his report within four weeks. The State of Madhya Pradesh is also at liberty to file any affidavit which it may choose to do so.

12. In the meanwhile, we direct the State of Madhya Pradesh not to allow any movement of cut trees whether belonging to bhoomiswamis or anybody else. We further direct that Shri Dharamveer Kapil, Shri Srinivas Sharma, Shri Ashok Vyaa, Shri Ashok Rai, Dr. A. K. Shrivastava and Shri D.P. Dwivedi should immediately be relieved of/shifted from their duties/charge in connection with the Forest Department. The State of Madhya Pradesh/Forest Survoyor of India will render all assistance and co-operation to Mr. Sharma so as to enable him to complete his task.

13. To come up on 7th September, 1999.

I.A. No. 437

14. In come up on 7th September, 1999.

I.A. No......... & I.A. No........ In I.A. No. 418 (on behalf of pattaholders)

15. Taken on board.

16. Adjourned to 7th September, 1999.

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