Unlicenced saw mills in forest proximity violate Forest Conservation Act; states must cease operations and ensure compliance pan-India.

ORDER

1. Issue raised in this application is running of illegal Saw Mills in the villages of Tehsil – Lalsot, District - Dausa, Rajasthan which is giving rise to felling of trees both in forest area as well as in the revenue area as several saw mill owners are continuously flouting the settled environmental principles by illegally carrying out sawing activities in the area in question.

2. It is further alleged that these saw mills are operating illegally without the permission of the concerned authorities. The electricity connections have also been obtained by these saw mills illegally and there has been a massive cutting of trees damaging the forest and green cover.

3. Hon’ble the Supreme Court of India in Civil Original Jurisdiction Writ Petition (Civil) No. 202/1995 T.N. Godavarman Thirumulkpad Vs. Union of India & Ors. decided on 12.12.1996 considered the term Forest as defined in Forest Conservation Act, 1980 and with a view to check further deforestation which ultimately results in ecological imbalance directed the authorities as follows:-

We further direct as under:-

I - GENERAL

1. In view of the meaning of the word “forest” in the act, it is obvious that prior approval of the Central Government is required for any non-forest activity within the area of any “forest”. In accordance with Section 2 of the Act, all on- going activity within any forest in any state throughout the country, without the prior approval of the central government, must cease forthwith. It is, therefore, clear that the running of saw mills of any kind including veneer or plywood mills, and mining of any mineral are non- forest purposes and are, therefore not permissible without prior approval of the Central Government. Accordingly any such activity is prima facie violation of the provisions of the Forest Conservation Act, 1980. Every State Government must promptly ensure total cessation of all such activities forthwith.

2. In addition to the above, in the tropical wet ever- green forests of Tirap and Changlang in the State of Aurnachal Pradesh, there would be a complete ban on felling of any kind of trees therein because of their particular significance to maintain ecological balance needed to preserve bio-diversity. All saw mills, veneer mills and plywood mills in Tirap and Changlang in Arunachal Pradesh and within a distance of 100 Kms. from its border in Assam should also be closed immediately. The State Governments of Arunachal Pradesh and Assam is to ensure compliance of this direction.

3. The felling of trees in all forests is to remain suspended except in accordance with the Working Plans of the State Governments as approved by the Central Government. In the absence of any Working Plan in any particular State such as Arunachal Pradesh, where the permit system exists, the felling under the permits can be done only by the Forest Department of the State Government or the State Forest Corporation.

4. There shall be a complete ban on the movement of the cut trees and timber from any of the seven North- Eastern States to any other state of the country either by rail, road or water-ways. The Indian Railways and the State Governments are directed to take all measures necessary to ensure strict compliance of this direction. This ban will not apply to the movement of certified timber required for defence or other Government purposes. This ban will also not affect felling in any private plantation comprising of trees planted in any area which is not a forest.

5. Each State Government should constitute within one month an Expert Committee to :

(i) Identify areas which are “forests” irrespective of whether they are so notified, recogniged or classified under any la