IMPORTANT POINT
No substantial variation in the earlier Order of this Court dated 12.12.1996 (reported in 1997(2) Supreme 221) is required to be made as an interim measure except to some minor variation.

ORDER

After hearing Mr. Harish N. Salve, the learned Amicus Curiae, learned Attorney General and learned counsel appearing for the States and other parties in these matters, it is clear that no substantial variation in the earlier order dated 12.12.1996* is required to be made as an interim measure; and that some minor variation to the extent indicated hereinafter is all that is required to be done at present.

We are satisfied that there is need to constitute a High Power Committee to oversee the strict and faithful implementation of the orders of this Court in the North Eastern Region and for certain ancillary purposes. Accordingly we direct as under :-

(i) There shall be a Committee as under :-

(a) Shri T.V. Rajeshwar, Chairman;

(b) Shri R.N. Kaul, Retd. I.G. of Forests-Member; and

(c) one representative nominated by the Ministry of Environment and Forests (MOEF)-Member Secretary.

Shri T.V. Rajeshwar and Shri R.N. Kaul have given their consent for the purpose.

(ii) This Committee shall oversee preparation of inventory of all timber in all forms (including timber products:

(a) lying in the forest or in transit depots, and

(b) lying in mill premises).

The inventory should, wherever possible, indicate the origin and source of the timber.

The Committee may for this purpose select suitable persons who would be made available by the concerned State Government at its request.

As far as possible, such inventory should be prepared within eight weeks from today.

(iii) The Committee may, if it considers appropriate, permit the use or sale of any part of the timber or timber products. Any sale shall be effected through the Forest Corporation of the State under overall supervision of the Committee.

(iv) The net sale proceeds after deduction of the transaction related costs and payment of wages to the labour and staff shall be deposited by or through the Forest Corporation/ Forest Deptt. in a designated account.

The modalities will be worked out by the Committee.

(v) The Committee may, through the Amicus Curiae, apply for such directions from time to time as it considers appropriate.

(vi) The MOEF will make available as far as possible within a week suitable office space and provide secretarial and all other related facilities in Delhi (including local transport and telecommunication) befitting the stature of the Committee.

The MOEF will make arrangements for and meet expenses of travel of the Committee. All arrangements for stay etc. of the Committee (outside Delhi) as may be necessary, would be the responsibility of the State Govt. concerned.

The Assam Government will make similar office and other facilities available in Gauhati.

It is for the sake of convenience at this stage that the Central Government and the State Governments are being directed to make certain payments and meet all the expenses. However, the question of liability for payment of these amounts would be considered at the final hearing and suitable directions for the purpose given at that stage indicating the principle for determining the liability for making the payment.

2. It is clarified that the directions contained in the order dated 12.12.1996 and this order would not apply to minor forest produce, including bamboos, etc.

3. The State of Meghalaya has asserted in its affidavit that a significant quantity of timber is required for use in the State itself by the rural tribal population. It has also asserted that there is a loss of revenue to the State Government on account of restrictions placed by the order of 12.12.1996; and a large number of people of the State have been deprived of the employment. The State is directed to file an affidavit with full and complete particul