Order
Orissa sawmill matters
IA No. 941 in IAs Nos. 754-55 with IAs Nos. 777, 1131-33, 1138-46, 1184, 1272 in IAs Nos. 754-55, 1361, 1579-80 in IA No. 941
1. We have heard the learned counsel for the parties as well as Mr P.S Narasimha, learned amicus curiae. These applications relate to the sawmills in the State of Orissa. This Court had earlier directed (1995) 5 SCC 615 that no sawmills should be established within a radius of 10 km from the boundary of the forest area.
2. Pursuant to the directions of this Court many of the sawmills in the State of Orissa were closed down. At the same time, this Court having realised that those sawmills which were closed down are required to be rehabilitated, passed the orders on 10-7-2009 (2009) 16 SCC 481 directing the State of Orissa to make necessary arrangements to have industrial estates and take appropriate steps in that regard, if necessary, by making amendments to the provisions of the Orissa Saw Mills and Sawpits (Control) Act, 1991 (hereinafter referred to as “the Act”) and the Rules framed thereunder. The Court vide its order dated 10-7-2009 (2009) 16 SCC 481 accordingly, directed the State of Orissa to take urgent steps in that regard and ensure appropriate amendments to the said provisions of the Act and the Rules made thereunder so that the eligible applicants amongst the closed sawmills could be appropriately rehabilitated in due course.
3. By another order dated 7-5-2010 (2010) 15 SCC 177 based on the instructions submitted before the Court, a direction was issued requiring the State to take appropriate decision concerning amendments to the provisions of the said Act and Rules within a period of six weeks therefrom.
4. We are now informed that the Government has already taken appropriate decision in the matter and complied with the directions of this Court. The necessary amendments to the provisions of the Act are required to be made by the legislature.
5. In the circumstances, it would be appropriate to direct the State of Orissa to implement the directions of this Court dated 10-7-2009 (2009) 16 SCC 481 and 7-5-2010 (2010) 15 SCC 177 and accordingly, make and carry out necessary amendments to the provisions of the Act and the Rules framed thereunder in order to give effect to the rehabilitation plan. The industrial estates have to be identified so that these applicants are appropriately rehabilitated in terms of the directions issued by this Court from time to time. The exercise in this regard shall be completed within a period of six months from today.
6. In such view of the matter, no further adjudication is required in these applications and they are accordingly, disposed of.
IAs Nos. 2714-15
7. We are not inclined to make any modification of our order dated 10-7-2009 (2009) 16 SCC 481. These applications are accordingly, dismissed.
WP (C) No. 356 of 2007
8. The cause in this writ petition does not survive requiring any further adjudication. This writ petition is accordingly dismissed as having become infructuous.
9. No orders on the application for impleadment, direction/modification and vacation of stay.
West Bengal sawmill matters
IA No. 1484, IAs Nos. 2539-40 in 1429, IAs Nos. 2650-51 in 1429
10. This Court vide its order dated 20-10-2008 (2010) 13 SCC 320 having accepted the report of CEC that there is adequate timber available only to accommodate 750 sawmills directed the State Government to consider as to whether the conditions suggested by CEC for grant of licences were acceptable to the Government and if they were so acceptable, to process the applications in accordance with the guidelines/suggestions issued by CEC. Further directions have been issued directing the State Government to issue licences based on the said guidelines/suggestions.
11. It is now brought to our notice by the learned counsel for the State that the State Government having accepted the guidelines/suggestions and having processed the pending applications had already issued licences to the eligible applicants.
12. In such view of the matter, no further directions as such are required to be issued in these interlocutory applications. They are accordingly disposed of.
Bihar sawmill matters
IAs Nos. 2423-25, 2460-61, 2522-23 and 2537-38
13. This Court vide its order dated 7-5-2010 (2010) 15 SCC 177 passed the following order:
“7. A large number of applications are pending with the Government for sawmill licences in the State of Bihar. The CEC has filed its report containing broad guidelines as regards the grant of sawmill licences. The State of Bihar has neither passed any final orders nor has it prepared a seniority list as directed by this Court.
8. The State authorities are directed to prepare a seniority list of the eligible applicants who could be granted sawmill licences. The State should take action within a period of six weeks.”
14. Shri Gopal Singh, the learned Standing Counsel for the State of Bihar prays for grant of further time to take an appropriate decision in the matter to implement the directions of this Court.
15. Having considered the request so made by the learned Standing Counsel, we direct the State of Bihar to prepare a seniority list of the eligible applicants who could be granted sawmill licences in terms of our directions issued from time to time within a period of ten weeks from today and report compliance with this Court.
16. It is made clear that no further time shall be granted to implement the directions of this Court dated 7-5-2010 (2010) 15 SCC 177.
17. Since no further directions are required to be issued in these interlocutory applications, they are disposed of accordingly.
IAs Nos. 1274-75
18. These interlocutory applications are dismissed. No orders on the applications for impleadment and directions.
IA No. 2899 in WP (C) No. 202 of 1995
19. List this matter on 30-8-2010 along with IA No. 2897. We request the learned amicus curiae to inspect the site and submit his comments.