1. Illegal mining and forest denuding in violation of previous court orders. (Para 2 , 3 )
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1998 Supreme(SC) 13
SUPREME COURT OF INDIA
J.S. Verma, CJI., B.N. KIRPAL, V.N. KHARE, JJ.
T.N. Godavarman Thirumulkpad, Petitioner
Versus
Union of India, others, Respondents.
I. A. Nos. 71, 79, 104, 105, 107, 113, 121, 166, 260, 261, 262 in Writ Petn. (C) No. 202 of 1995 with I. A. No. 13 in W. P. (Civil) No. 171 of 1996, D/- 7-1-1998.
With
Environment Awareness Forum, Petitioner v. State of J., K., others, Respondents.
The court may appoint an independent committee to investigate alleged violations of its environmental orders and require state governments to submit factual reports on affidavit to ensure compliance and accountability.
Headnote:(A) Environmental Law - Illegal Mining and Deforestation - Violation of Court Orders - Allegations of large-scale mining in forest areas and reckless denuding of forests in violation of previous court directions - Court appoints a committee to investigate and submit a report - State government directed to file an affidavit regarding the factual position and actions taken. (Paras 2-4)
Facts of the case:
Reports were brought to the court's attention regarding illegal mining and deforestation in specific forest areas, which were in flagrant violation of previous court orders. The court noted that despite existing directions, illegal activities continued in certain valleys and villages.
Findings of Court:
The court found it necessary to ascertain the full facts through an independent committee visit and required a high-ranking state official to report the factual position on affidavit.
Issues: Whether the allegations of illegal mining and deforestation in forest areas were true and what immediate steps were necessary to verify these violations of court orders.
Ratio Decidendi: When there are allegations of flagrant violation of court orders regarding environmental protection, the court may appoint an investigative committee to verify facts on the ground and mandate the state government to provide a formal report on affidavit to ensure accountability.
Result: Committee appointed to visit affected areas and state government directed to file an affidavit.
Legal Category Hierarchy
Table of Contents
2. Reports of continued illegal mining activities in forest areas despite existing judicial prohibitions. (Para 2 , 3 )
3. State government's failure to take preventive action against reported illegal mining in violation of court orders is surprising. (Para 4 )
4. The court may appoint an independent committee to ascertain facts regarding the violation of its orders to determine necessary urgent directions. (Para 3 )
5. Appointment of a fact-finding committee to investigate illegal mining and direction to the state government to file a factual report on affidavit. (Para 3 , 4 )
6. What action can the court take when there are allegations of continued illegal activity despite court orders?
The court can appoint a committee consisting of advocates and government officers to visit the affected areas, ascertain the facts, and submit a report to enable the court to issue urgent directions. (Para 3 )
7. What is the requirement for the state government to report on alleged inaction regarding illegal activities?
The government must report the factual position and actions taken via an affidavit submitted by an officer of the rank of Secretary to the Government or higher. (Para 4 )
8. Who is responsible for the initial expenses of a court-appointed fact-finding committee?
The central government may initially incur the expenses and make necessary arrangements, with the court reserving the right to direct the state government to reimburse those costs later. (Para 3 )
Judgement
JUDGMENT :- Taken on Board.
2. Learned amicus curiae states that he has been informed by Shri A. M. Khanwilkar, advocate that he himself saw large scale mining in forest area and reckless denuding of forests in villages Atri, Banjari and Panwari under Police Station Halia in District Mirzapur, which is in flagrant violation of the orders made by this Court from time to time.
3. Shri Anand, Secretary, Ministry of Environment, who is personally present, also informs us of illegal mining activity continuing in Doon Valley in spite of the orders made by this Court to prevent that illegal activity. These are matters which require urgent directions after ascertaining full facts. For this purpose we appoint a Committee consisting of Shri A. M. Khanwilkar and Shri Gopal Singh, advocates of this Court and an officer of the Ministry of Environment to be nominated by the Secretary. The Committee is requested to immediately visit those villages in Mirzapur District as well as the Doon Valley and to submit its report at the earliest. In the first instance, the expenses for the visits of the Committee would be incurred by the Government of India which will also make all the necessary arrangements. The directions to the Government of U. P. to pay the amount so spent would be made later. The District Magistrate and the Superintendent of Police will render all assistance needed by this Committee for the performance of its task.
4. If the above allegations be true, it is indeed surprising that the Government of U. P. has not taken the preventive action so far. The Government of U. P. must report on affidavit of an officer of the rank not lower than Secretary to the Government the factual position as well as the action, if any, taken by the Government of U. P. so far. This be done by 12-1-1998.
5. List on 13-1-1998.
Order accordingly.
