IMPORTANT POINT
The monies received from user agencies should be properly and fully utilized for compensatory aforestation.

JUDGMENT : -

SURINDER SINGH NIJJAR, J.

1. This order will dispose of the I. As. noted above.

2. Writ Petition (C) No. 202 of 1995 was filed as a PIL under Article 32 of the Constitution of India for and on behalf of the people living in and around the Nilgiri Forest on the Western Ghats. The petitioner sought to challenge the legality and the validity of the actions of the State of Tamil Nadu, the Collector, Nilgiris District and the District Forest Officer, Gudalur and the Timber Committee represented through the Collector, Nilgiris (Respondent Nos. 2 to 5 respectively), in destroying the tropical rain forest in the Gudalur and Nilgiri areas in violation of the Forest Act, 1927, Forest (Conservation) Act, 1980 and Tamil Nadu Hill Stations Preservation of Trees Act and the Environment (Protection) Act, 1986. This, according to the petitioner, has resulted in serious ecological imbalances affecting lives and livelihood of the people living in the State of Tamil Nadu.

3. The petitioner has highlighted that the respondents have in collusion with certain vested interests allowed trespassers to encroach and enter upon the forest land for the purpose of felling trees and conversion of forest land into plantations. It was pointed out that the encroachers on the forest land have been indiscriminately cutting and removing valuable Rosewood trees, Teak trees and Ayni trees, which are immensely valuable and are found exclusively in the aforesaid forest. It was pointed out that loss of such trees would be permanent and irreparable to the present and future generations to come. The petitioner has clearly pleaded that the value attached to Rosewood and Teak wood has resulted in a mad rush by timber contractors in collusion with Government agencies, for making quick profits without any regard to the permanent damage and destruction caused to the rain forest and to the eco-system of the region. The petitioner also pointed out that cutting and removing of trees is not limited only to the mature trees. In their anxiety to make huge profits the entire forest areas are being cleared, by indiscriminate felling of trees. The petitioner also pointed out that the national policy adopted in the year 1952 provided for the protection and preservation of forests. The existence of large areas of land covered under forest is recognized as a valuable segment of the national heritage. The petitioner also pointed out that the protection from exploitation of forests, in particular natural forests, is imperative as such forests once destroyed can not be regenerated to their natural state. The petitioner has pleaded that the destruction of rain forests would adversely affect the environment, eco-system, the plants and animals living within the forests. This would result in such destruction, which would ultimately result in drastic changes in the environment and the quality of life of people living in and around the forests. The petitioner also highlighted that although the national policy has provided that 33% of the land mass of India shall be covered with forests, the present extent of the forest covered areas was below 15%. The natural rain forest cover was only around 5%. Such meager forest cover had led to the enactment of the Forest (Conservation) Act, 1980. Statement of objects and reasons of the aforesaid Act is as follows:-

(1) Deforestation causes ecological imbalance and leads to environmental deterioration. Deforestation had been taking place on a large scale in the country and it had caused

widespread concern.

(2) With a view to checking further deforestation, the President promulgated on the 25th October, 1980, the Forest (Conservation) Ordinance, 1980. The Ordinance made the prior approval of the Central government necessary for de- reservation of reserved forests and for use of forest-land for non-forest purposes. The Ordinance also provided for the