SUPREME COURT OF INDIA

Before:- A.S. Anand, B.N. Kirpal and V.N. Khare, JJ.

I.A. No. 299 (For Clarification & Modification on behalf of State of Arunachal Pradesh) and I.A. No. 399 (For Direction on behalf of all Arunachal Saw Mill Owners Association), I.A. No. 401 (For Interim directions filed by Mr. P.K. Manohar, Adv.), I.A. No. 402 (For Interim in Directions filed by Mr. P.K. Manohar, Adv. regarding State of Orissa), I.A. No. 264 (For Directions - Questionnaire), I.A. No. 166 (For directions on behalf of State of M.P.), I.A. No. Nos. 255-257 (For directions & Impleading filed by Mr. Santosh Bharati), I.A. No. 263 (For Directions - Mirzapur Mining) with I.A. No. 298 & 392 (For Extension of time & Directions on behalf of State of U.P.), I.A. No. 391 in I.A. 291 (For Directions - Sal Border Infested trees in Madhya Pradesh), I.A. No. 295 (For directions regarding State of Assam) in W.P. (C) No. 202/1995 B. I.A. Nos. 12, 13 & 16 (For Directions) with SUO-MOTU CONTEMPT PETITION NO. 539/1998 IN RE: Ashok Kumar & P.P. Sharma and SUO-MOTU CONTEMPT PETN. NOS. 290-292/98 IN RE : S.R. Bhagat & Ors. in W.P. (C) No. 171/1996 (Environment Awareness vs. State of Jammu & Kashmir & Ors.). D/d. 10.9.1998.

T.N. Godavarman Thirumulpad - Petitioner

Versus

Union of India and others - Respondents

A. Public Interest Litigation - Environment and Forests - Movement of timber outside the State of Jammu & Kashmir - Total volume of stock of timber - Quantity of timber stock physically found present in depots of 5 traders - Variation in actual quantity of timber stock in two affidavits - State to file an affidavit in reply to the averments contained in additional affidavit filed by the appellant.

[Para 1]

B. Environment and Forests - State of Jammu & Kashmir - Saw Mills - No Saw Mill or Veneer Plywood Mill is permitted to operate within a distance of less than 8 kms from forest area - Difficulty in implemention - State shall constitute a Committee to identify the, areas where the Saw Mills iincluding Band Saws can be relocated - In the event it is found that sufficient area is not available beyond the radios of 8 kms. for that purpose, the committee may identify such areas where industrial Zones can be created for shifting of the saw mills under proper security arrangement in the State.

[Para 4]

C. Environment and Forests - State of Jammu & Kashmir - Felling of trees and movement of timber outside the state - Directions issued to the State - State to file an affidavit explaining their perception of the expression "Private Plantations" along with a list of private plantations recognised by it where felling is being permitted at present.

[Para 7]

JUDGMENT

1. I.A. No. 12/97 : Mr. Salve, learned Amicus Curiae has drawn our attention to a letter (attached with the affidavit of Shri Kuldip Singh Annexure 1/2) bearing No. 346/ Simla/Ban dated 20th February, 1997. According to that letter, the total volume of stock of timber comprising Deodar, Fir, Kail and Chir works out to 110059.66 cft. This figure has been given on the basis of a report given by the Conservator of Forests (West) vide letter No. 675/Timber dated 18.2.1997 and concerns 5 traders mentioned in that letter. In the additional affidavit filed on behalf of the applicants, it is deposed to by the deponent of the affidavit that the affidavit filed by the State on 27th February, 1997 does not reflect the correct position of the stock. Subsequent to the filing of the additional affidavit by the applicant an affidavit has been filed on behalf of the State of Jammu & Kashmir by Mr. M.A. Bukhari, Deputy Secretary to the Government, Forest Department on 2nd September, 1998. According to this affidavit, on the basis of the verification by a committee which was constituted after the order was made by this Court on 5.5.1998, quantity of timber stock of 119.84 cm (4231.67 cft) was physically found present in the depots of the 5 traders, whose names have been mentioned in the letter attached as Annexure 1/2 to the affidavit of the applicant. There is, thus, a great variation with regard to the actual quantity of timber stock in the two affidavits. In the affidavit filed by State on 2nd September, 1998 the averments contained in the additional affidavit filed by the applicant on 19th March, 1998 have not been adverted to or controverted. There is also complete silence with regard to the correctness or otherwise of the letter dated 20th February, 1997 (Annexure 1/2 attached to the affidavit of the applicant). In view of difference in the total quantity of timber, the matter assumes serious significance as one or the other document/affidavit does not reflect the correct position. We, therefore, consider it appropriate to direct the State of Jammu & Kashmir, through the learned Advocate General, who is present in Court to produce in this Court the file relating to the verification of the stock of timber of the 5 traders whose details have been given in Annexure 1/2 attached to the letter dated 20th February, 1997. The names of the 5 traders also appear in the affidavit of the State dated 2nd September, 1998. The State shall also file an affidavit in reply to the averments contained in the additional affidavit filed by the applicant on 19th March, 1998 and also respond about the genuineness of otherwise of the letter dated 20.2.1997 (Ann. 1/2). The file together with the affidavit shall be filed in this Court within 3 weeks with an advance copy to the learned Amicus Curiae.

2. I.A. 13: An affidavit has been filed by Mr. M.A. Bukhari, Deputy Secretary to the Government, Forest Department. In the affidavit it is disclosed that there are only 14 persons who are in possession of band saw licences and not 15 persons as mentioned in the petition. It is further stated that all the applicants mentioned in the petition have their saw mills very close to the demarcated forest (within ½ to 2 kms) and that their licences have not been renewed after 1996. Para 7 of the affidavit then reads thus :

"At this stage, it may be pertinent to mention, that as per the report of Principal Chief Conservator of Forests letter dated 29.6.1998, addressed to the Advocate General, the total number of Band Saw Mills as on 1.6.98, within the State is 2517, out of which 1122 exist beyond 8 kms of Demarcated Forests, 1395 exist within 8 kms of Demarcated Forests. Apart from these there exist 155 who operate without licences. It is further stated that that 733 mills have been dismantled/ made non-functional. A copy of the said letter is annexed and marked Annexure R-II."

3. Mr. Goni, learned Advocate General for the State of Jammu & Kashmir, submits that the State Government has enacted the Saw Mill (Registration and Control) Rules 1968 vide Notification SRO 434 dated 24th October, 1968. These rules have been framed in exercise of the powers conferred by section 45 of the Jammu & Kashmir Forest Act. Rule 3 of the said rules provides that "no owner of a saw mill shall carry on the business of saw milling except under and in accordance with the terms and conditions of a licence issued under these rules".

4. For the preservation of forests and to prevent illicit felling, it is desirable to locate the saw mills, including the Band Saw Mills, beyond 8 kms of the (sic) forest. The order of this Court dated 12.12.96 commanded the States, including the State of Jammu & Kashmir to ensure that no Saw Mill or Veneer plywood Mill is permitted to operate within a distance of less than 8 kms. from the boundary of any demarcated forest area. It was also directed in that order that any existing saw mill falling in this belt should be relocated. Mr. Goni submits that in view of the topography of the State, most of the areas in the State fall within 8 kms radius from demarcated forests and other protected resources and that there is only a small area which is beyond the 8 kms. radius from the demarcated forests and other protected resources. He submits that the state, has on this account, found itself in a difficult situation to carry out the order of this Court dated 12.12.1996 in that behalf in letter and in spirit. We, therefore, direct that the State shall constitute a Committee to identify the, areas where the Saw Mills including Band Saws can be relocated. In the event it is found that sufficient area is not available beyond the radios of 8 kms. for that purpose, the committee may identify such areas where Industrial Zones can be created for shifting of the saw mills under proper security arrangement in the State. The feasibility report shall be filed by the State within 8 weeks from today. The committee shall keep the provisions of SRO 434 in view, while conducting identification of the areas and submitting the feasibility report.

5. LA. No. 18 : Upon being mentioned, I.A. 18 is taken on Board.

6. This application has been filed by the learned Amicus Curiae. Mr. Goni takes notice of the application.

7. After hearing Mr. Salve, we direct the State of Jammu & Kashmir to state on affidavit.

(a) steps taken by it to ensure that no timber, other than that certified in accordance with the order of this Court dated 12.12.96 is permitted to move out of the State;

(b) steps taken by the State, including the steps taken by it for creation of agencies to ensure that there is no movement-of timber outside the State;

(c) its response to the allegations that there has been rampant felling of trees within the State by various agencies, which timber has been moved outside the State, even after the order was made by the Court on 12.12.1996;

(d) details of the total number of trees, filled along with the total number of trees utilised in pursuance of the implementation of the Environment Plan of the State Govt.

8. The State shall also file an affidavit explaining their perception of the expression "Private Plantations". along with a list of private plantations recognised by it where felling is being permitted at present. This list shall be supported by an -affidavit of a competent authority. The needful shall be done within 4 weeks.

9. LA.401 (Patnitop Matter): Learned Advocate General for the State of J & K accepts notice of the application and prays for and is granted 4 weeks' time to file the response.

10. I.A. 16 with Suo-Motu Contempt Petition Nos. 290-292/98: These petitions shall be listed after 8 weeks as requested by learned counsel for the parties.

11. I.A. 299: I.A. is disposed of in terms of the signed order.

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