Order
Re: Special Investigation Team Report filed in Court on 12-3-2001 and affidavit of Shri Chadha filed in Court on 23-4-2001
1. On 12-3-2001, Shri M.K Jiwarajka had filed in Court the Special Investigation Team — Action-Taken Report which pertained to seizure of 200 wagons of timber in Delhi. It was then directed by this Court that an affidavit should be filed on behalf of the Union of India. This affidavit has been filed along with the analysis of the detained wagons. The details purport to show, inter alia, the names of the consignors and the consignees as well as the endorsees of the railway receipts. According to the particulars given, the loading stations were in the North-Eastern States including Assam. According to the Report, a large quantity of timber did not have proper hammer marks and some of the transit passes were also invalid. We are informed that one or two applications which were filed were referred to SIT which after hearing the applicants has ordered confiscation of the timber as no proper explanation in respect of the source thereof had been given.
2. It is contended by Shri Harish N. Salve, the learned amicus curiae that perhaps, and in fact very likely, many more wagons containing timber would have moved from North-East though it is only 200 wagons which were detained. We direct the Railway Board to file within 10 days from today details with regard to movement of wagons from these North-East loading stations indicated in the analysis attached to the affidavit of the Union of India to places outside the said States in the last three years. The information will indicate as to what is the quantity of timber which was sent. The affidavit will also indicate as to why the Railways have permitted timber being transported which did not have proper hammer marks and who were the officers responsible for allowing unhammermarked timber to be loaded and transported and what action has been taken in regard to them by the Railway Authorities.
3. Response to the SIT Report as well as to the affidavit of Shri A.R Chadha, DIG (Forests), Ministry of Environment and Forests, filed in Court today along with the analysis of the detained wagons should be filed within 10 days by the Chief Secretaries of Arunachal Pradesh, Assam, Nagaland, Tripura, Meghalaya, Mizoram and Manipur. Copies of the affidavit of Shri Chadha and the copies of the SIT Report may be given to the Standing Counsel of these States by the Registry immediately.
4. The affidavit of Shri Chadha discloses, and this is supported by Shri Salve, that apprehending laxity on the part of the authorities the illegal felling of timber in the North-Eastern areas is again gathering momentum. It has been the experience of this Court that illegal felling and transportation of timber is firstly caused by the existence of licensed and unlicensed sawmills and the transportation of the timber by road and rail. Till we receive information of the state of affairs from the respective Chief Secretaries, we hereby prohibit movement of all timber (sawn and unsawn) and veneer from any of the North-Eastern States to any other part of the country either by road or by rail or by waterways or in any other manner whatsoever. We further direct the States to take immediate action to suspend immediately the working of all the errant sawmills which are shown as the consignors in Column 10 of the analysis of the detained wagons because it is from these sawmills that the illegal timber has found its way to Delhi.
5. Till next date of hearing, no further cutting of the trees with or without permit shall be allowed.
6. The Ministry of Environment and Forests will also indicate as to in what manner the timber which has been seized is proposed to be sold and the proceeds appropriated.
7. To come up on 10-5-2001 when the Chief Secretaries, Arunachal Pradesh and Assam as well as the Forest Secretaries of all North-Eastern States should be personally present in Court.
Direction with regard to setting up of nodal agencies in the States of M.P and Chhattisgarh to dispose of the interlocutory applications with regard to overseeing the working of the forest
8. The Advocate General for the State of M.P has suggested that if a nodal agency could be set up within the State of M.P to oversee the working of the forest with power to dispose of applications and take decisions, the State of Madhya Pradesh would be willing and would allow for such a nodal agency to function. This nodal agency should be statutory and be constituted under Section 3(3) of the Environment Protection Act. The suggestion of the Advocate General is that the nodal agency should consist of about two nominees of the Central Government, two of the State Government and two of the NGOs and one Chairman to be nominated by the Central Government. Hopefully, the members of the nodal agency should be finalised by the Central Government in consultation with the State Government. This nodal agency which will then become a role model for similar agencies in the other States should, if possible, be set up within the next ten days.
9. A similar suggestion has also been made by the Advocate General for the State of Chhattisgarh. Needful be done on this behalf within the same period. The nodal agencies should be delegated the power under Section 5 of the said Act as has been done in the case of Bhure Lal Committee.
10. To come up on 10-5-2001.
IA No. … of 2001 (filed in Court by amicus curiae with regard to the forest of Matheran in the State of Maharashtra)
11. An application has been filed by the learned amicus curiae for direction on the alleged destruction of the forest of Matheran in the State of Maharashtra.
12. Issue notice to the Union of India as well as to the State of Maharashtra returnable on the next date of hearing.
IA No. 401
13. This IA pertains to Patnitop. It is stated by the Advocate General, State of J&K, that no further construction or conversion will be permitted at Patnitop till after the ecological balance has been restored. For restoring the ecological balance, steps are being taken to control pollution and in this regard the State Government has approached the U.P Jal Nigam and other authorities. The statement of the Advocate General is recorded and a status report be filed within a period of four months.
14. List IAs pertaining to the North-Eastern States also on 10-5-2001.
Court Masters