ORDER

1. After hearing the learned amicus curiae, counsel for the parties and taking into consideration the affidavit of the Union of India, Ministry of Environment and Forests in relation to the survey of ecosystem of the Andaman and Nicobar Islands, the learned amicus curiae has made certain suggestions.

2. There does not seem to be any objection to this Court in accepting the report of Shri Shekhar Singh that some modifications have been suggested. We therefore, in the first instance, accept the report of Shri Shekhar Singh.

3. On a query being raised by us, Mr Altaf Ahmed, learned Additional Solicitor General, appearing for the Union Territory of Andaman and Nicobar Islands on instructions informed the Court that there is no social forestry in the Andaman and Nicobar Islands. The wood which is being cut is from the natural forest and plantation of teak, etc. has taken place in the forest, which had been worked out and approximating 40,000 cubic metres of wood is cut from the forest annually for the purposes of the sawmills the total logging of wood being approximately 1,30,000 cubic metres per year. In the last two years, this figure has come down but the fact remains that instead of resorting to social forestry and thereby providing employment to the people in growing forest at the present moment the natural forests are being cut and the timber sawn.

4. The Andaman and Nicobar Islands is one of the hot spots and is in the eco-fragile area and, therefore, the eco-diversity thereby has to be preserved. For this, it is essential that the natural forest is protected and regeneration allowed to take place.

5. We are also informed that the existing sawmills have a subsisting licence valid till 30-3-2003. The sawmills and the other wood-based industries in the Andaman and Nicobar Islands are not permitted to cut the trees and supplies to them are made only by the Government itself or through its Corporation. Some of these sawmills and industries have logs of wood and sawn timber in their stock. It would therefore be iniquitous to deprive them of an opportunity to utilise the stock for which payment has been made to the Government for the purchase of wood. However, it is to be borne in mind that fresh logging of wood must cease immediately.

6. After taking all facts and circumstances into consideration, we issue the following directions:

(1) All felling of trees from the forest of Little Andaman Islands, the national park and sanctuaries, the tribal reserves and all other areas shall stand suspended.

(2) For the areas in which there are working plans, the Government through the Chief Secretary shall disclose on an affidavit:

(i) The extent of felling and regeneration permitted under these working plans during the last 10 years.

(ii) The compliance with regeneration/replantation/reforestation targets under the working plans and reasons, if any, for the shortfall.

(3) The working plan of the Andaman and Nicobar Islands should be reworked on the basis as was applied to the State of M.P. and others, namely, that before any felling of trees, there should first be compulsory afforestation/regeneration, the felling permissions would be based upon the extent of regeneration of forest undertaken and not the other way round.

(4) No felling of tree (under the working plan or otherwise) shall be permitted for meeting any raw material requirements of the plywood, veneer, blackboard, matchstick or any other wood-based industry.

(5) In drawing up the new working plans the Government shall formulate a committee with one ecologist who is proficient with the ecology of Andaman.

(6) The working plans so formulated shall be placed before this Court within a period of twelve weeks.

(7) The trees felled under the working plan in the manner indicated aforesaid should be utilised for the requirements of the local inhabitants.

(8) The licences of all the sawmills and wood-based industries shall not be renewed after 31-3-2003. This will not debar the authorities from ca