ORDER IA. .../2000
1. An application has been filed by the Ministry of Environment and Forest. The same is taken on Board. Issue notice to the Amicus Curiae.
2. The Amicus Curiae accepts notice and waives filing any response and, in fact, he submits that the application should be allowed as prayed for.
3. In this application it is mentioned that the officers of the Ministry of Environment and Forest have detected and detained 66 wagons at Nangloi Railway Station and 28 wagons at Rajpur Railway Station have similarly been detained, containing illegal timber.
4. This Court, by its Judgment in T.N. Godavarman Thirumulpad vs. Union of India and Ors. had issued various directions in an effort to preserve and maintain the forest cover. A High Power Committee had been established but there was no authority, other than the said High Power Committee, who could take action in the manner which has been done in the present case by the applicant of the detention of the said wagons. Action has been taken, in the present case, according to the Solicitor General under para 35 of this Court's order dated 15th January, 1998 whereby Ministry of Environment and Forest has been given liberty to issue suitable directions for the proper and effective implementation of the orders of this Court.
5. In furtherance of the order of 15th January, 1998 and other orders passed by this Court, we allow this application and ratify various actions taken by the Ministry of Environment and Forest (MOEF) for detention, seizure and investigation of the above mentioned cases.
6. We also authorise MOEF to take such steps as it deems proper for necessary/appropriate investigation, storage, disposal etc. of the detained timber and also to carry out such actions in future for detention, seizure and investigation of timber which may include:
(i) Seizure of timber during investigation and or confiscation of unclaimed timber or claimed timber for which complete details sought by MOEF are not furnished within stipulated period.
(ii) Directing State Government/railways/ any other authority/consignees/consignors to furnish details/documents required for investigation.
(iii) Directing State Government/railways/consignees/consignors to keep custody of the timber.
(iv) Disposal of seized/confiscated timber through auctions/sealed tenders either directly or through State Governments or any other agency.
(v) Constitution of a multi-disciplinary team to carry out investigations including from investigating agencies of Center/State Governments.
(vi) Issue comprehensive guidelines and working instruction issued for regulating movement of timber and timber products, standardisation of transit passes and reconciliation of movement of timber with its origin-For inside North-East as well as outside North-East.
(vii) The applicant may delegate any of its powers to such officer or authority as it may deem necessary for giving effect to its orders.
(viii) Any other action deemed necessary in this regard.
7. We further direct that no other court/ authority in the country will entertain any petition, suit/application with regard to the above-mentioned cases of timber which have been seized. The applicant, MOEF will also have the power and jurisdiction to not only to suspend the licences of the saw mills which are or have been dealing in illegal timber but it also has the powers to order the sealing of the delinquent units as well as the authority to order cutting off of the electricity to such units.
8. The seized timber, to the extent which is illegal or in respect of which there is no lawful claimant will also be sold by public auction by the MOEF or by sealed tenders and the sale proceeds thereof shall be kept in a separate bank account. Any sale so made shall be reported to this Court for further orders regarding the utilisation of the sale proceeds.
9. If any person is aggrieved by the seizure so made, he shall be at liberty to apply to this Court in these proceedings for appropriate orders. This application is disposed of.
I.A. 424
10. An affidavit on behalf of Shri Sheo Narain Misra, Collector, Damoh has been filed in which he has inter alia stated that when he joined the office of the Collector he had found serious lapses on the part of the officers/officials who had not reacted/acted immediately. In paragraph 9 of the affidavit he has dealt with the question of the stamp duty in case No. 468/105/98-99 and in the same paragraph he has also given particulars about the land of Mr. Soloman on which trees of all sizes were found. The contents of the said affidavit seem to indicate that there has been an encroachment on Government land and though the area of land which has been bought by Mr. and Mrs. Soloman was two hectares there is, in fact, a parcel of 2.20 hectares of land which has been fenced. The said affidavit also indicates that on the land in question there are more than 150 marks of trees which have been cut and that no permission had ever been given in the last ten years for the felling of any tree on the land in Khasra No. 13
11. Mr. K.K. Venugopal, learned senior counsel appearing for Mr. Soloman wants to file a reply/response to the said affidavit within three weeks. Affidavit be filed within three weeks. Within that period the State of Madhya Pradesh also, if it so desires, may file its response. The Amicus Curiae may file his response within five weeks from today. Mr. Salve, Solicitor General (A.C.) will be at liberty to consult the officials of MOEF including Mr. Sharma.
I.A. 513/1999
12. Issue notice. Reply/response be filed by MOEF and A.C. within two weeks.
13. List this matter on 24.1.2000.
14. In the meanwhile in modification of this Court's order dated 17th December, 1999 we permit inter state movement of timber through the State of Madhya Pradesh i.e. the timber moving from one State to another State but no timber should be exported from the State of Madhya Pradesh itself. Such movement shall be allowed only on the basis of permits being granted by the Collector certifying that the timber in question is moving from one State to another in the course of inter State sale/movement. The State Government will within two days from today notify the points of entry into the State and it will be the responsibility of the Collector of that District in which such point of entry falls to issue the necessary permits.
15. It is represented that some trucks which are already in the course of inter State movement are stranded inside the State of Madhya Pradesh. The movement of such trucks will be permitted only on certificates being issued by the respective Collectors themselves to the effect that the said trucks are only transiting through the State of Madhya Pradesh with legal timber and that no part of the timber contained in the trucks is of Madhya Pradesh origin.
16. We also modify our earlier order to the extent that timber imported from outside India is allowed to move into the State of Madhya Pradesh for its consumption.
17. Movement of rubber wood, duly certified by the Collector into the State of Madhya Pradesh, is also permitted.
18. We also permit, in modification of the earlier order, the three cable factories in the State of Madhya Pradesh to use, in their factories, Eucalyptus and Mango tree wood. This wood would be transported to the factories in their own trucks hired by them after getting certificates from the respective Collectors in which the factories are situate to the effect that such wood would be utilised in those factories only for the purposes of making cable drums and for no other purpose.
I.A. 511/1999
19. Issue notice returnable on 24-1-2000 to Amicus Curiae and MOEF.