T.N. Godavarman Thirumulpad v. Union of India (S.C.)
BS489808
SUPREME COURT OF INDIA
Before:- K.S. Radhakrishnan and Chandramauli Kr. Prasad, JJ.
301. I.A. Nos. 2423-2425, 2971-2973, 2984-2986, 3040-3042, 3135-3136 and 3319-3322 in W.P.(C) No. 202 of 1995 with 302. I.A. Nos. 3358-3360 in W.P.(C) No. 202/1995, 303. I.A. Nos. 3344-3345 in WP(C) No. 202/1995, 304. I.A. No. 3347 & 3348 in W.P.(C) No. 202/1995, 305. I.A. Nos. 3311-3313 in W.C.(C) No. 202/1995, 306. SLP(C) No. CC 5161/2012, 307. SLP(C) No. 3941/2010, 308. SLP(C) No. 28519/2008, 309. SLP(C) No. 24627-24628/2011, 310. I.A. Nos. 2421-2422 in W.P.(C) No. 202/1995, 311. I.A. Nos. 3142-3203 and 3213-14, 3217-3238, 3242-3267 in W.P.(C) No. 202/1995, 312. I.A. Nos. 2465-2466, 2467-2468 in W.P.(C) No. 202/1995, 313. I.A. Nos. 2716 and 3369 in 2716 in W.P.(C) No. 202/1995, 314. I.A. Nos. 2726-2727, I.A. Nos. 2728-2729 and I.A. Nos. 2731-2732 in W.P.(C) No. 202/1995, 315. I.A. No. 3423 in I.A. Nos. 3015-3053 in W.P.(C) No. 202/1995, 316. I.A. No. 3402 in I.A. No. 2378 in I.A. 2164 in W.P.(C) No. 202 of 1995, MM.1-I.A. Nos. 2191-93/2008 in W.P.(C) 202/1995, MM.2-I.A. Nos. 152-154/2012 in W.P.(C) 337/1995. D/d.
30.3.2012.
T.N. Godavarman Thirumulpad - Petitioner
Versus
Union of India and others - Respondents
Public Interest Litigation - Environment - Forests - Saw mills in Bihar - Direction to State of Bihar to take immediate action to finalise seniority list of saw mills, veneer industries and plywood industries in conformity with various orders passed by Supreme Court - Matters be listed for further directions.
[Para 5]
ORDER
301. I.A. Nos. 2423-2425, 2971-2973, 2984-2986, 3040-3042, 3135-3136 & 3319-3322 in WP(C) No. 202 of 1995:
1. These applications have been filed by the various saw mills, veneer industries and plywood industries of Bihar praying that the timber non-availability be not put against them while preparing the Seniority List as recommended by the CEC. They have also sought a direction for processing their applications for licence on the plea that they are only indulged in pasting of veneer and plywood, etc.
2. When the matter came up for hearing this Court had directed the CEC to examine those matters and submit a report. Accordingly CEC submitted its report on 9/3/2012. We have perused the report and heard either side. CEC has made various observations/recommendations in the report which are extracted herein:
9. It was decided that the State of Bihar will review the process of the preparation of the provisional/final seniority list after considering the above said observations of the CEC and that the seniority list of the wood based industries falling in different categories will be made available to the CEC along with the relevant information. However, no information has so far been provided to the CEC, this issue was discussed by the CEC on 7.3.2012 with Mr. Gopal Singh, Standing Counsel for the state of Bihar and who has sought four weeks time for the preparation of the final seniority list.
10. In the above background it is submitted that the State of Bihar may be directed to take immediate action for preparation of the final Seniority list of the saw mills, veneer industries and plywood industries in the State of Bihar in a transparent manner and in conformity with the directions of this Hon'ble Court and after taking into consideration the observations made by the CEC as dealt with above.
3. We have noticed that in spite of the various orders passed by this Court on 18/8/2003, 7/12/2007 and 16/8/2010 reference of which has already been made in CEC report, no action has been taken by the State of Bihar to finalise the seniority list of wood-based industries, causing lot of inconvenience to the genuinely established wood-based industries. If proper Seniority List is prepared the parties would know where they are and they can act accordingly.
4. CEC has made various recommendations after hearing the representative of the State of Bihar. State of Bihar in principle has agreed to review the provisional seniority list taking note of the observations made by the CEC category wise, and be made available to the CEC. However, the State is yet to finalise the list.
5. We are therefore inclined to dispose of all the applications with the direction to State of Bihar to take immediate action to finalise seniority list of saw mills, veneer industries and plywood industries in conformity with the various orders passed by this Court referred to earlier and also the observations and recommendations made by the CEC in its report dated 9.3.2012. The State will also issue rules incorporating the recommendations made by the CEC in accordance with the Bihar Saw Mills (Regulation) Act 1990. State will also notify the final seniority list as per rules.
6. Considering the fact that the matter is pending for so long, we are inclined to give the direction to the State of Bihar to finalise the entire process within a period of six months from today and report compliance. Needless to say that before finalising the seniority list the State of Bihar has to hear all the effected parties. However, we make it clear that if any body is aggrieved by the final seniority list and the rules made by the State of Bihar, they may avail of the remedy available under the Act or move the High Court under Article 226 of the Constitution of India.
7. The I. As. are disposed of.
302. I.A. Nos. 3358-3360 in W.P.(C) No. 202/1995:
8. Await the report of the CEC.
9. List on 9.4.2012.
303. I.A. Nos. 3344-3345 in WP(C) No. 202/1995:
10. Learned Counsel appearing for the MoEF has made available a letter dated 27/3/2012 granting Temporary Working Permission w.e.f. 1/1/2012 over 370.92 ha of broken up forest land within the mining lease of Noamundi Iron Ore Mine of Tata Steel Limited, which is taken on record.
11. Application for Environment Clearance, it may be noted was submitted only on 18.05.2011 even though there is a clear stipulation that the application be submitted two years prior to the date of renewal. MoEF to report about the status of the application.
12. Learned amicus curiae will also submit a note with regard to the matters which can be referred to the Green Tribunal.
13. List on 9.4.2012.
304. I.A. No. 3347 & 3348 in W.P.(C) No. 202/1995:
14. List on 16.4.2012.
305. I.A. Nos. 3311-3313 in W.C.(C) No. 202/1995:
15. These applications are preferred by an Association and few others seeking a direction to the Respondents to issue licence to the plywood units falling under category IV as per the list of the State Government prepared in pursuance to the order dated 30/4/2010 of this Court. A detailed affidavit has been filed by the State of U.P., referring to the report of the CEC dated 26.5.2010, para 4 of the affidavit states as follows:
"That the Central Empowered Committee issued minutes of meeting dated 26.5.2010 for granting licence to plywood and veneer units falling in category IV, which was permitted by this Hon'ble Court vide order dated 30.4.2010, subject to the fulfilment of the following conditions:
1. Units be allowed permission in order of seniority and only if adequate timber is available.
2. Permission granted to the plywood unit should be restricted to one press only and for veneer units to one peeler only. In addition, the plywood units may be permitted one peeler each if it had one or more peeler functional in the unit before it was closed.
3. Inter se seniority of all plywood/veneer units whose application has been received till 28th February 2010 is to be finalised within a period of one month.
4. As all units in this category have been established after 4.3.1997, the condition of a distance not less than 10 kms will be applicable as ordered by the this Hon'ble Court for relocation of sawmill units after 4.3.1997.
5. Before granting permission to open a unit, it will be ensured that no forest offence is pending against that unit.
16. It was pointed out that all units which fall under class IV have to comply with the condition of 10km distance.
17. Learned Counsel submits that as per this Court order in IA 1137 and 1319 in WP 202/1995 dated 30/4/2010 certain conditions have been incorporated which are as follows:
"1. The seniority list of plywood/veneer units established after 4.3.1997 (category IV units) should be finalised by the State Level Committee for Uttar Pradesh Wood Based industries in consultation with the C.E.C. The said list should be finalised after giving wide publicity to the provisional seniority list, inviting objections from the affected parties, giving personal hearing to them and after considering the objections/submission made by them;
2. After meeting the requirement of the licensed wood based industry, the units permitted by this Hon'ble Court and the units whose category is yet to be finalised, the plywood/veneer units falling in category IV may be considered for grant of licence to the extent of timber availability and strictly in the order of seniority, subject to the one-time payment of Rs. 9 lakhs per press in respect of the veneer units and compliance of the other conditions that have been stipulated. The one-time payment of penalty will be in addition to the normal licence fee and the other charges, if any, payable to the U.P. Forest Department. As decided earlier, the above said amount should be kept in a designated interest bearing bank account and should be utilised only after the scheme in this regard is approved by this Hon'ble Court, and
3. In case the timber availability is found to be inadequate for all the plywood/veneer units falling in category IV, the permission granted to the plywood unit should be restricted to one press whereas for the veneer unit it should be restricted to one peeler only. In addition, the plywood units may be permitted one peeler each, if it had one or more peeler functional in the unit before it was closed.
18. Learned Counsel appearing for Association submitted that members of the Association fall under category IV and they are willing to comply with all the conditions laid down for such units but there is no justification in discriminating them as against the units which fall under rest of the categories.
19. We find no individual application has been preferred by the members of the association seeking any benefits before the Statutory Authority. Reference has also been made to the orders of the Court dated 14.3.2011 (refs. page 89 of the SLP).
20. We make it clear that if the members of the Association prefer applications for permission before the Statutory Authority the same will be disposed of within the period of three months from the date of receipt of the applications in accordance with law and on the basis of the orders passed by this Court.
21. The interlocutory applications are disposed of.
306. SLP(C) No. CC 5161/2012:
22. List on 2/4/2012 subject to part-heard matter.
307. SLP(C) No. 3941/2010:
23. List on 9/4/2012.
308. SLP(C) No. 28519/2008:
24. Leave granted.
25. Heard the Learned Counsel for the parties.
26. The appeal is disposed of by a separate order.
309. SLP(C) No. 24627-24628/2011:
27. Leave granted.
28. The appeals are disposed of by a separate order.
310. I.A. Nos. 2421-2422 in W.P.(C) No. 202/1995:
29. These are applications for clarification of the orders dated 16.12.2002 and 4.8.2006 passed in IA Nos. 836 and 1413 and also for permission for local inhabitants for carrying on their traditional activity of manual removal of boulders and shingles outside the Valmiki Wildlife Sanctuary from the Tarai area of Village Kataha and Balwal, Distt. West Champaran (Bihar).
30. Learned amicus curiae brought to our knowledge the order passed by this Court on 4.2.2005. The operative portion of the same reads as follows:
"No objections have been filed to the report of the CEC dated 28th October, 2003, the recommendations of the CEC are as under:
(i) the MoEF order dated 20.8.2002 allowing mining leases inside the Valmiki Wildlife Sanctuary may be set aside;
(ii) the State of Bihar may be directed to ensure immediate closure of all mining activities inside National Parks and Wild Life Sanctuaries including within the safety zone around the boundaries of the National Parks and Sanctuaries;
(iii) the MoEF may be directed to ensure that no mining lease inside any National Park or Wild Life Sanctuary is approved under the F.C. Act without obtaining specific permission from this Hon'ble Court in view of the order dated 14.2.2000 passed in IA No. 548.
31. In view of the above-mentioned order passed by this Court as well as the judgment of the Court dated 27.2.2012 in IA Nos. 12-13 of 2011 in SLP(C) Nos. 19628-19629 of 2009, the permission sought for cannot be granted.
32. The applications are rejected.
311. I.A. Nos. 3142-3203 and 3213-14, 3217-3238,3242-3267 in W.P.(C) No. 202/1995:
33. Perused the report of the CEC dated 9.3.2012. CEC has recommended that the grievance raised by the applicants can be examined by the State Level committee. Para 8 of the CEC report reads as follows:
"8. In the above background it is submitted that this Hon'ble Court may consider directing the Applicant veneer units to provide the necessary information to the CEC to enable it to file its Report in the matter. Alternately, the IA's filed by the 56 Applicant veneer units may be considered to be disposed of with the directions that the Applicant may file Applications before the State Level Committee for Wood Based Industries in Haryana/CEC along with complete details for seeking grant of licenses for plywood industries and which should be considered and decided on merit after inter alia taking into consideration the timber availability qua the requirement of the existing license wood-based industries in the State of Haryana."
34. Under such circumstances the applications are disposed of with liberty to the applicants to approach the State Level Committee, if so advised.
312. I.A. Nos. 2465-2466, 2467-2468 in W.P.(C) No. 202/1995:
35. Applicants are permitted to withdraw the I.A. Nos. 2466 and 2468 with liberty to approach this Court if the need arises.
36. Rest of the applications i.e. 2465 and 2467 be listed on 9.4.2012.
313. I.A. Nos. 2716 & 3369 in 2716 in W.P.(C) No. 202/1995:
37. Learned Counsel appearing for the applicants has already made an application in September 2011, before the NBWL i.e. IA 1 and 2 to the Writ Petition and the same are pending consideration. Under such circumstances the NBWL to pass appropriate orders on these applications without delay.
38. The I. As. are disposed of.
314. I.A. Nos. 2726-2727, I.A. Nos. 2728-2729 and I.A. Nos. 2731-2732 in W.P.(C) No. 202/1995:
39. It is not possible for us to examine the various contentions raised by the applicants due to insufficient materials.
40. The applications are disposed of with liberty to move again with sufficient materials.
315. I.A. Nos. 3015-3053 in W.P.(C) No. 202/1995:
41. Rejoinder is taken on record.
42. List after three weeks.
316. I.A. No. 3402 in I.A. No. 2378 in I.A. 2164 in W.P.(C) No. 202 of 1995:
43. Learned Counsel appearing for the MoEF submits that he will get instructions in the matter.
44. List on 16.4.2012.
45. Copy of the petition be made available to the Standing counsel for the State of Orissa.
Mentioned Matter: (1) C.A. Nos. 2191-93 of 2000 in W.P.(C) No. 202/1995:
46. List on 9.4.2012.
Mentioned Matter: (2) I.A. Nos. 152-154/2012 in W.P.(C) No. 337 of 1995:
47. List on 9.4.2012.
.