T.N. Godavarman Thirumulpad v. Union Of India (SC)
BS350025
SUPREME COURT OF INDIA
Before:- B. Sudershan Reddy, R.M. Lodha and S.S. Nijjar, JJ.
IA No. of 2011 in IA No. 2079 of 2007 in WP (C) No. 202 of 1995, IA No. 19 in WP (C) No. 47 of 1998 with IAs Nos. 2968-70 in WP (C) No. 202 of 1995, etc. D/d.
14.3.2011.
T.N. Godavarman Thirumulpad - Petitioner
Versus
Union Of India And Others - Respondents
A. Environment Protection - Forests - Sawmills, Timber and Wood-based industries felling the trees - Application for relocation of sawmills - Government directed to consider relocation of the sawmills and that such applications be considered irrespective of distance of such sawmills in specified areas from nearby forests.
[Paras 4 to 7]
B. Environment (Protection) Act, 1986, Section 3(3) - Environment Protection - Forests - Encroachments diversion and intrusion into forest land - Issue of diversion of forest land for rehabilitation of villagers affected by irrigation project pending before the ministry of environment forest directed to be considered and no prior permission of the Court is required for this purpose.
[Paras 13 and 14]
C. Environment Protection - Forests - Sawmills, Timber and Wood-based industries felling the trees - Authorities prohibited from interfering with the operation of sawmills during valid licence period granted under the U.P. Saw Mill Rules, 1978 - Applicant also directed to file compliance report with Ministry of Environment and forest regarding approvals of felling trees.
[Paras 18 to 20]
D. Environment Protection - Forests - Encroachment diversion of and intrusion into forest land - Use of forest land for outposts, allowed subject to the conditions recommended by Central Environment Commission.
[Paras 24 and 25]
Cases Referred :-
T.N. Godavarman Thirumlpad (5) v. Union of India, (1997) 5 SCC 760, made in IAs Nos. 171 and 897 of 1996, dated 8-5-1997.
ORDER
MM-9A
1. The applicant to comply with the office objections.
2. List next week.
Item No. 316 (MM):
I.A No. 1697 to be listed along with I.A. Nos. 2002-2004.
Item No. 301:
3. Interlocutory Application No. 19 has been submitted on behalf of the State of Madhya Pradesh for granting permission to establish a new zoo and rescue centre in the reserved forest at Mukundpur, District Satna (M.P.).
4. Heard the learned counsel for the applicant as well as the learned amicus curiae.
5. This interlocutory application is allowed in terms of Prayer (a) of the application.
Item No. 302
6. We have heard the learned counsel for the applicant as well as the learned amicus curiae.
7. In view of the recommendations of CEC dated 7-9-2010 and in the light of our earlier order, these application are ordered directing the respondents herein to consider the applications of the applicant for relocation of sawmills and other wood-based industries in (a) industrial areas notified by the U.P. Government/Government of India, and (b) Nagar Nigam area (Municipal Corporations' areas) irrespective of the distance of such areas from the nearby forest in the State of Uttar Pradesh.
8. This clarification is in furtherance of this Court's order dated 8-5-1997, T.N. Godavarman Thirumlpad (5) v. Union of India, (1997) 5 SCC 760, made in IAs Nos. 171 and 897 of 1996
9. These applications are, accordingly, ordered.
Item No. 303
10. List next week.
Item No. 304
11. The representations are stated to have been pending before the State-Level Committee, Lucknow.
12. The State-Level Committee, Lucknow is directed to dispose of the application dated 22-2-2010 of the applicant within eight weeks from today.
13. These interlocutory applications are, accordingly, ordered.
Item No. 305
14. The learned counsel for the applicant shall make necessary corrections in the applications.
15. In view of the recommendations of CEC dated 7-9-2010, these interlocutory applications are ordered in terms of the prayers made in the applications.
Item No. 306
16. The CEC to submit its response to these applications.
17. The State Government is also directed to furnish the requisite information in response to the applications to the CEC and file an affidavit in this Court. The applicant in IAs Nos. 3026-27 is required to furnish necessary information to CEC.
18. Liberty to file additional documents.
19. List next week.
Item No. 307
20. This application has been filed by the State of Maharashtra for diversion of 15.45 hectare of forest land for rehabilitation of the villagers of Savargaon at Pagora. Vidharbha Irrigation Development Corporation, Nagpur is constructing the Gosikhurd Project upon Vainganga River. This project is constructed for providing the water for irrigation purpose for the areas situated in three districts, namely, Nagpur, Bhandara and Chandrapur. The issue is stated to be pending before the Ministry of Environment and Forests. The same may be considered by the Ministry on its own merits. No prior permission as such is required to be obtained from the Court.
21. The request in this regard may be considered and disposed of by the Ministry in accordance with law as expeditiously as possible.
22. This application is, accordingly, disposed of.
Item No. 308
23. The notice dated 27-2-2011 issued by Respondent 4 against the applicant is set aside. Consequently, the respondents are directed not to interfere with the operation of the sawmills of the applicant during the validity of the sawmills licence issued in favour of the applicant under the U.P. Saw Mill Rules, 1978.
24. The application is, accordingly, ordered.
25. This order we have passed in the light of the clarification made in I.A Nos. 2968 and 2970 today.
Item No. 309
26. This matter was mentioned today.
27. Not to be heard today.
Item No. 310
28. The application, as prayed for, is ordered.
29. The necessary approval/permission for removal and cutting of trees falling in TTZ area numbering 1457 alongside the alignment of the Yamuna Expressway may be granted subject to the applicant complying with the conditions as provided for in Letter No. 8B/UP/06/16/2009/FC/1160 dated 20-11-2009.
30. The applicant is required to comply with those conditions within the time-frame now to be fixed by MoEF. It is stated by the learned Senior Counsel that in fact the applicants have already complied with the conditions. If that is so, the compliance report shall be filed with MoEF.
Part B List
Item No. 311
Pench
31. For the present, we are not inclined to consider and grant any relief, as prayed for. However, we grant liberty to the applicant as well as to the State Government to approach the authorities under the Wild Life (Protection) Act, 1972 and put their fresh proposals for their consideration. The proposals to be so submitted shall be considered by the authorities on their own merits.
32. It is needless to observe that the proposals, if any, to be submitted may be considered as expeditiously as possible in view of the importance of the issue involved.
33. All the interlocutory applications are disposed of.
Item No. 312
IA No. 2914
34. The C.E.C to submit its response to this application within three weeks. IAs Nos. 2626, 2642
35. Adjourned.
36. Liberty to mention.
IAs Nos. 2790-91
37. In view of the recommendations of the CEC, this application is ordered subject to the condition of complying with the following conditions, namely:
i) approval for the construction of the two border outposts in the area falling within the Gangotri National Park will be obtained from the Standing Committee of the National Board for Wildlife;
ii) approval under the Forest (Conservation) Act, 1980 for the use of forest land for the construction of the two outposts will be obtained; and
iii) the conditions stipulated by the Chief Wildlife Warden, Uttarakhand will be strictly complied with.
38. The interlocutory applications are, accordingly, ordered.
IA No. 2794
39. This interlocutory application is ordered in terms of the prayer made in the application.
Items Nos. 313-15 and 317, 318
40. Not taken up.
.