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2008 Supreme(SC) 2091
SUPREME COURT OF INDIA
K.G. Balakrishnan, CJI., Arijit Pasayat, S.H. Kapadia, JJ.
T.N. Godavarman Thirumulpad - Petitioner
Versus
Union of India & Ors. - Respondents
I.A.Nos.828 with 833, 834-835, 837-838, 846-847, 893-894, 901-902, 903, 904, 1310-1310 in I.A. No. 833 in I.A. No. 828, 1329, 1330, 1331-1332, 1450- 1452 in 1310, 2086 in 1329-1330 in 1310 in W.P.(C)No. 202/1995 With SLP(C) No. 3353/2003, C.A. No. 7363/2000 With C.A. No. 7364/2000, C.A. No. 7365/2000 And I.A. No. 208-209, 241-242, 245, 268-269, 1704-1706 & I.A. No. 1710-1712, 2024-2026, 2027-2029, 2030-2032, 2033-2035, 2036-2038, 2039-2041, 2042-2044, 2045-2047, 2048-2050, 2051-2053, 2055-2056 in I.A. 208-209 in W.P.(C) No. 202/1995 With I.A. No. 1692 in I.A. No. 385 in W.P.(C) No. 202/1995 With I.A. No. 1950-1951 in W.P.(C) No. 202/1995 With I.A. No. 1989-1990 in W.P.(C) No. 202/1995 And I.A. Nos. 1381, 1429, 1519-1520, 1652-1654, 1782-1783, 1812, 1995-1996, 1998-1999, 2014 And 2120 in W.P.(C) No. 202/1995 And I.A. No. 1640 IN W.P.(C) No. 202/1995 And I.A. No. 1797 in W.P.(C) No. 202/1995 And I.A. No. 2143 in W.P.(C) No. 202/1995 And I.A. Nos. 1424-1425 and 2118 in W.P.(C) No. 202/1995 With W.P.(C) No. 469/2005 And I.A. No. 2155 in W.P.(C) No. 202/1995 And I.A. No. 2156 in W.P.(C) No. 202/1995 And W.P.(C) No. 251/2006
Decided On : 29-02-2008
Advocate Appeared:
For the Petitioner: Mr. Harish N. Salve, Sr. Adv.(A.C.) Mr. U.U. Lalit, Sr. Adv. (A.C.) (N.P.) Mr. Siddhartha Chowdhury, Adv.(A.C.) Mr. P.K. Manohar, Adv., W.P.(C) 469/05 : Mr. S. Borthakur, Adv. Mr. Sushil Kumar Jain, Adv., W.P.(C) 251/2006 : Mr. Anoop G. Chaudhary, Sr. Adv. Mr. Shakil Ahmed Syed, Adv. Mr. S.A. Saud, Adv., IA 1424-25 : Mr. Ranjit Kumar, Sr. Adv. Mr. Chandra Prakash, Adv. Mr. L.R. Singh, Adv., M/s. Suresh A. Shroff & Co., Advs. : Mr. V. Balachandran, Adv. Mr. Anil Nag, Adv. Mr. Praveen Jain, Adv. Mr. D.N. Mishra, Adv. Mr. S.K. Bhattacharya, Adv. Ms. Sandhya Goswami, Adv. Mr. Devendra Singh, Adv.
For the Respondent: Mr. Harish Beeran, Adv., Mr. P. Parameshwaran, Adv. Ms. Aruna Gupta, Adv., IA 2086 : Mr. Dhruv Mehta, Adv. Mr. Harshvardhan Jha, Adv. Mr. Yashraj Singh Deora, Adv. Ms. Sbobha, Adv., Mr. Gulshan Sharma, Adv., I.A. 1310 : Mr. Naveen Kumar Singh, Adv. Mr. Shashwat Gupta, Adv., I.A. No. 834-835 : Mr. Sunil Dogra, Adv. Ms. Sumita Hazarika, Adv., IA 1424-25 : Mr. P.C. Sen, Adv. Mr. Pallav Kumar, Adv. Ms. Binu Tamta, Adv. M/s. Sushil Kumar Jain, Puneet Jain, Christi Jain, UN Goyal, Piyush Jain, Advs., SLP(C) 3353/03 : Ms. Pratibha Jain, Adv. Mr. Manu Nair, Adv. Mr. Anuj Puri, Adv., IA 1710-12, 1782-83 : Mr. Altaf Ahmad, Sr. Adv. Mr. Ajay Sharma, Adv. IA 1704-06,2024-26 : Mr. Rajeev Dutta, Sr. Adv. Mr. Vivek Gupta, Adv. Mr. Saket Agarwal, Adv. Mr. D.K. Garg, Adv. Mr. Amit Kumar, Adv., IA 1640 : Mr. Manjit Singh, AAG, Haryana Mr. Satish Hooda, Adv. Mr. Harikesh Singh, Adv. IA 1812 : M/s. Manita Verma, S.K. Sinha, Advs. IA 2120 : Mr. Kumar Rajesh Singh, Adv. Mrs. Niranjana Singh, Adv. IA 1429, 1640, 1797 : Mr. M.L. Lahoty, Adv. Mr. Paban K. Sharma, Adv. Mr. Himanshu Shekar, Adv. IA 1797 : Mr. Sanjay R. Hegde, Adv. Mr. Vikrant Yadav, Adv. Mr. Amit Kumar Chawla, Adv. Mr. Arul Varma, Adv. IA 1424-25 : Ms. E.C. Agrawala, Mahesh Agarwal, Rishi Agrawala, Gaurav Goel, Amit Sharma, Advs. IA 1424 & WP(C) 469/05 : Ms. Suparna Srivastava, Adv. Mr. Neeraj Gupta, Adv. Mr. Rajesh Srivastava, Adv. WP(C) 469/05 : Mr. Ravindra Shrivastava, Sr. Adv. Ms. Vibha Datta Makhija, Adv. Mr. Kunal Verma, Adv. Mr. Sunil Kumar Jain, Adv. Mr. Dharmendra Kumar Sinha, Adv. IA 2155 : Mr. Mohan Parasaran, ASG, Mr. T. Harish Kumar, Adv. Mr. P. Prasanth, Adv. Mr. V. Sasudevan, Adv. Ms. Sangeeta Kumar, Adv. Ms. Momta Sinam, Adv. IA Nos. 2086 and 1429 : Mr. Dhruv Mehta, Adv. Ms. Shobha, Adv. Mr. Harish Sharma, Adv. Mr. Anil Kr. Jha, Adv. Ms. Savitri Pandey, Adv. Mr. Fuzail Khan, Adv. IA. Nos. 1329-30 : Mr. Dhruv Mehta, Adv. Ms. Aruna Gupta, Adv. Ms. Sumita Hazarika, Adv.
For the M/s. K.L. Mehta & Co., Advs. in IA 1424-25 : Mr. Dhruv Mehta, Adv. Mr. Harshvardhan Jha, Adv. Mr. Yashraj Singh Deora, Adv. Mr. Gulshan Sharma, Adv. For M/s.K.L.Mehta & Co., Advs.
For the State of Rajasthan : Mr. Aruneshwar Gupta, AAG.
For the State of Uttarakhand : Ms. Rachana Srivastava, AAG.
For the Mr. T.V. Geroge, Adv : Ms. S. Janani, Adv. Mr. Ranjan Mukherjee, Adv. Mr. B.S. Banthia, Adv. Mr. Vikas Upadhyay, Adv. Mr. T.C. Sharma, Adv.
For the M/s. Corporate Law Group, Advs. in IA. No. 828 : M/s. K.B. Rohatgi, Aparna Rohatgi Jain, Mahesh Kasana, Renu Tyagi, Advs.
Headnote:
Supplementary Report - CEC has filed its supplementary report - State be asked to file response to the CEC Report- State is required to indicate the details as to how many mining leases which are in operation -CEC has filed its report only qua BALCO. It is alleged that BALCO is in possession of illegal encroachment to the extent of forest land/Revenue forest land, they are using the forest land for non- forest purpose. BALCO may file its response about the report of CEC. Meantime, BALCO shall not cut/remove trees, if any. Forest Department/Revenue Department shall not permit to remove the trees which are already cut – Held, illegal mining activities are being done in the State of Chhattisgarh. CEC may file its response to the counter affidavit filed by the State – Held, CEC has filed its report only qua BALCO. It is alleged that BALCO is in possession of illegal encroachment to the extent of forest land/Revenue forest land, they are using the forest land for non- forest purpose. BALCO may file its response about the report of CEC. Meantime, BALCO shall not cut/remove trees, if any - Forest Department/Revenue Department shall not permit to remove the trees which are already cut
ORDER :
Rajasthan (Mining) I.A. Nos. 828 with 833, 834-835, 837-838, 846-847, 893-894, 901-902, 903, 904, 1310-1310A in I.A. No. 833 in I.A. No. 828, 1329, 1330, 1331-1332, 1450-1452 in 1310, 2086 in 1329-1330 in 1310 in W.P.(C) No. 202/1995 with SLP (C) No 3353/2003, C.A. No. 7363/2000 C.A. No. 7364/2000, C.A. No. 7365/2000
1. CEC has filed its supplementary report dated 26.2.2008. Learned Amicus curiae submitted that the State be asked to file response to the CEC Report. The State is required to indicate the details as to how many mining leases which are in operation.
2. List on 28.3.2008.
I.A. No. 208-209, 241-242, 245, 268-269, 1704-1706 and I.A. No. 1710-1712, 2024-2026, 2027-2029, 2030-2032, 2033-2035; 2036-2038, 2039-2041, 2042-2044, 2045-2047, 2048-2050, 2051-2053, 2055-2056 in i.A. 208-209 in W.P. (C)No. 202/1995 with I.A. No. 1692 in I.A. No. 385 in W.P. (C) No. 202/1995 I.A. No. 1950-1951 in W.P. (C) No. 202/1995, I.A. No. 1989-1990 in W.P. (C)No. 202/1995, I.A. No. 1652-1654 in W.P.(C) No. 212/1995
3. As regards 134 saw mills/plywood units in the State of Uttarakhand, CEC has filed supplementary report dated 26.2.2008 categorizing them into three categories and in case of one as a special category. Learned counsel representing the State would like to give response. Two weeks time is granted for the State to give its response.
4. Saw mills/plywood units which are already closed may file further affidavit.
5. List on 28.3.2008.
I.A. Nos. 1381 in W.P. (C)No. 202/1995
6. CEC has filed its report and indicated therein that the wood-based industries after 30.10.2002 will be closed immediately and State will frame saw mill rules for regularising wood-based industries after saw mills notified/established by 30.10.2002, are regularised by giving them licences. The State would be at liberty to pass appropriate orders having regard to the Report given by CEC, and availability of wood. As regards penalties already collected by CEC, a separate report may be filed by CEC.
I.A. 1429, 1519-1520, 1782-1783, 1812, 1995-1996, 1998-1999, 2014 and 2120 in W.P. (C) No. 202/1995
7. The State of West Bengal seeks time for hearing parties who according to it have not been heard before filing a report as regards Wood-based industries. Four weeks time is granted for filing additional report.
I.A. No. 1640 in W.P. (C) No. 202/1995
8. Issue notice to the State and CEC. CEC to file its report within a period of four weeks.
9. Dasti service, in addition, is permitted.
I.A.Nos. in W.P. (C) No. 202/1995
10. The matter relates to manufacturing of Medium Density Fiberboard (MDF) and Particle Board in the States of Punjab, Uttarakhand and Karnataka. CEC has filed its report and stated that there is a growing trend to use more and more MDF/Particle Board in place of industrial timber. The MDF/Particle Board help in reducing the pressure on natural forests. The lops and tops and small wood available from the plantations of eucalyptus, poplar etc. raised on the non-forest area can be used by MDF/Particle Board plants. The CEC has approved these units, subject to the following conditions :
(i) the applicant will deposit an amount of Rs. 30.00 and Rs. 50.00 lakh respectively for the establishment of MDF/Particle Board plant and for composite plant for the manufacture of MDF and Particle Board respectively. This amount will be kept in a designated account outside the Consolidated Fund and will be used by the Forest Department for activities identified and related to conservation and protection of forest;
(ii) the purchase/lease of the land and order for the plant and machinery will be placed within a period six months failing which the approval will automatically be deemed to have been canceled;
(iii) the ownership of the unit will not be transferred including by way of transfer of majority shareholding or change of partners before the unit starts commercial production; and
(iv) in addition, for the State of Uttarakhand it has been stipulated that the said unit should be loca
