SUPREME COURT OF INDIA

Before:- M.B. Shah and S.N. Phukan, JJ.

Inspection Report of Green Belt for the Month of Nov. 2000 in Writ Petition (C) No. 13381 of 1984. D/d. 14.12.2000.

M.C. Mehta - Petitioner

Versus

Union of India and others - Respondents

Environment and Ecology - Taj Report submitted by the Krishan Mahajan Committee recommending rescue operation to be taken for protecting the plants planted by the Forest Department - Union Government directed to release the funds immediately without waiting for the receipt of the proposals from the U.P. Government on the basis of the copy of the report - Funding may be subsequently settled with the U.P. Government, but in any set of circumstances for want of funds the officer is directed to see that the plants do not wither away.

[Para 2]

ORDER

M.B. Shah, J. - As per the third Taj Report submitted by the Krishan Mahajan Committee appointed by this Court on 5-4-2000 for seeing that 12,15,500 plants planted by the Forest Department by spending Rs. 4.03 crores of public money from the Mission Management Board funds survive rescue operation is required to be taken immediately. For that purpose in the report the following submissions are made:

"82. A direction is needed to TTZ Authority to save this massive public investment by providing the funding to the Forest Department for the following:

(a) Adequate number of 45 horsepower tractors with 10-15,000 litre capacity tankers to give water to the plants; provision for diesel, maintenance, manpower and water hoses for these tractors.

(b) Adequate insecticide and pesticide to meet the onslaught of termite due to the absence of rains with adequate dispensers and manpower.

(c) Funds for casualty replacement of plants."

2. Learned counsel appearing on behalf of the Union Government submits that the proposals are not received from the State Government and as soon as the proposal is received, 50% of the amount required to be spent would be immediately granted to the Mission Management Board. Learned counsel appearing on behalf of the State of U.P. says that remaining 50% of the amount would be released on or before 31-1-2001. The Divisional Forest Officer, Agra is directed to take immediate steps for seeing that the water is supplied to the plants as per Annexure 1 prepared by him which is annexed to the report. The Union Government is directed to release the funds immediately without waiting for the receipt of the proposals from the U.P. Government on the basis of the copy of the report. Funding may be subsequently settled with the U.P. Government, but in any set of circumstances for want of funds the officer is directed to see that the plants do not wither away.

.