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W.P(C)No. 202 OF 1995

ITEM No. 50 and COURT No. 1 SECTION PIL
ITEM No. 51

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

IA NO. 756 in WP (C) 202/1995

T.N. GODAVARMAN THIRUMALPAD Petitioner

VERSUS

UNION OF INDIA & ORS. Respondents

(for directions)
with

I.A. Nos.634-635 in W.P.(C) No.202/95

(for impleadment and directions)

with

Report of Central Empowered Committee

with

C.P.(C) No. 193/2001 in WP(C) No. 202/195

(Distt. Forest Officer, Tamil Nadu vs. Gowri Shankar & Anr.)
(for impleadment and directions)

with

I.A. No. 773 in WP(C) No. 202/1995

(for directions on behalf of State of Uttaranchal)

with

I.A. No. 774 in WP(C) No. 2002/1995

(for directions on behalf of M/s. Tipkai Saw Mill, Assam)

with

I.A. No. 775 in I.A. Nos. 669 & 659 in WP(C) No. 202/1995
(for extension of time on behalf of Ministry of Environment and
Forest)

with

With regard to files received in original from Damoh.

with

I.A. No. 421 in WP(C) No. 202/1995

with

I.A. No. 776 in I.A. No. 424 in WP(C) No. 202/1995

(for modification/clarification of the order dated 22.9.2000)

with

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I.A. No. 777 in I.A. Nos. 754-755 in WP(C) No. 202/1995
(for vacation of stay)

and Item No. 51

I.A. Nos. 778-779 in I.A. No. 502 in WP(C) No. 202/1995

(for clarification of court’s order dated 7.5.2002 with office report)

Date : 12/08/2002 These Petitions were called on for hearing today.

CORAM :

HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE K.G. BALAKRISHNAN
HON’BLE MR. JUSTICE ARIJIT PASAYAT

For appearing parties :

Mr. Harish N Salve, SG (AC)

Mr. U U Lalit, Adv. (AC)
Mr. Siddharth Choudhary, Adv.

For Ministry of Environ-

ment & Forests/UoI Mr. A D N Rao, Adv.

for Railways Mr. S Wasim A Qadri, Adv.

Ms. Anil Katiyar, Adv.

IA No. 756 Mr. Harish N Salve, SG (AC)

Mr. U U Lalit, Adv. (AC)

IA 634-635 Mr. Bharat Sangal, Adv.

Ms. Tasneem Ahmadi, Ms. Sangeeta Panicker and
Mr. Rana Ranjit Kumar Singh, Advs.

CP 193/01 Mr. P N Ramalingam, Adv.

Mr. V Balaji, Adv.
M/s. Arputham Aruna & Co., Advs.(NP)

IA 773 Ms. Rachna Srivastava, Adv.

IA 774 Mr. M N Krishnamani, Sr.

Mr. P K Goswami, Adv.
Mr. P K Jain, Adv.

IA 775 Mr. A.D.N. Rao, Adv.

Mr. B.V. Balaram Das, Adv.

IA 4210 0 Mr. Rajiv Tyagi, Adv.

Mr. Dharmendra Tyagi and Mr. Aditya Sharma,
Advs.

IA 776 Mr. Vivek Tankha, Adv. Genl., MP

Mr. S.K. Agnihotri, Adv.
Mr. Rohit K Singh, Adv.
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IA 777 Mr. J R Das, Adv.

 Mr. S Mishra and Mr. G Biswal, Advs.
for J R Das & Co., Advs.

IA 778-779 Mr. T R Andhyarujina, Sr. Adv.

Mr. Shiraz Contractor Patodia, Adv.

State of Assam Ms. Krishna Sarma, Adv.

Ms. Asha G Nair and Mr. V K Sidatharan,
Advs. for M/s. Corporate Law Group, Advs.

State of Arunachal
Pradesh Mr. Anil Shrivastav, Adv.

State of Andhra
Pradesh Mr. T V Ratnam, Adv.
Mr. K Subba Rao, Adv.

State of Chhatisgarh Mr. Prakash Srivastava, Adv.

Contemnor No. 1 Mr. Raju Ramachandran, Sr. Adv.

in Cont Petn.193/01 Mr. Joseph Pookkatt, Adv.
Mr. Prashant Kumar, Adv.

Contemnor No. 2
in Cont. Petn. 193/01 Mr. Vishwajit Singh, Adv.

for Wildlife Protection Mr. Raj Panjwani, Adv.

Society for Orissa Mr. Iqbal Shamsi, Adv.
(Intervenor) Mr. Vijay Panjwani, Adv.

Chandigarh UT Ms. Kamini Jaiswal, Adv.

Ms. Shomila Bakshi and Ms. Aishwariya Rao,
Advs.

State of Goa Ms. A Subhashini, Adv.

State of J & K Mr. M Aslam Goni, Adv. Genl.

Mr. Anis Suhrawardy, Adv.

State of Kerala Mr. K R Sasiprabhu, Adv.

State of Manipur Mr. KH Nobin Singh, Adv.

State of Uttaranchal Mr. Avtar Singh Rawat, Adv.

Ms. Rachna Srivastava, Adv.
Mr. Mahesh C Kaushiwa, Adv.

Mr. Ajay K Agrawal, Adv.

Mr. C Siddharth, Ms. Anamika Agrawal,
Mr. Mahesh Chandra and Ms. Savitri Pandey,
Advs.

State of U.P. Mr. Ajay K Agrawal, Adv.

Mr. C Siddharth, Ms. Anamika Agrawal,
Mr. Mahesh Chandra and Ms. Savitri Pandey,
Advs.

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UPON hearing the counsel, the Court made the following

ORDER

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I.A. Nos. 756@@
 CCCCCCCCCCCCC
Bhure Lal Committee be reminded to submit a report
within three weeks.
To come up on 9th September, 2002.

I.A. Nos. 778-779@@

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Issue notice to the Amicus Curiae and the Union of
India, returnable on 9th September, 2002.

Re: Report of Central Empowered Committee@@

CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
Recommendations of the Central Empowered Committee
have been received. The parties may file their response
to the Reports/Recommendations within three weeks.
The Empowered Committee was set up under orders of
this Court. In our opinion, the said Empowered
Committee should be notified under Section 3 of the
Environment (Protection) Act as being a Committee for
all the forest areas in the whole of India with power to
give directions, hear objections and take decisions so
that there is no need to approach this Court from time
to time. Mr. A.D.N. Rao states that he will take
instructions regarding this and inform the Court on the
next date of hearing. We hope that by that date formal
notification would be issued.
According to the Report of the Central Empowered
Committee, there is large scale encroachment in the
forest area, the total area being 7,25,861 hectares.
This encroachment is in the area where the forest
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exists. The other States have much less land area under
forest. A question had arisen as to why the States
which are deficient in forest should not contribute to a
fund to be disbursed amongst the States which have
forests, which are prevented from cutting the same or
allowing the same to be habitated. This is one of the
main measures in which the forest can be conserved as
the forest cover in existence is woefully low. In other
words, taking the country as a whole, it should be the
duty of the States which are deficient in the forest
cover to contribute money in order to prevent
deforestation; thereby preserving the ecological
balance.
Notice to issue to the Union of India and the
various State Governments/U.Ts. who will address
arguments on this aspect on the next date of hearing and
will also file the written submissions. The Amicus
Curiae may also address on this aspect on the next date
of hearing. To come up on 9th September, 2002.
Compliance report of Andaman & Nicobar is already
on record.
Status report in the matter of investigation of
C.B.I. in Sanjay Singh murder case be kept on record.
The investigating team, which is not to be changed,
shall submit periodic reports of progress.
Pending I.As. (I.A. Nos. 301 to 382) of saw
mill owners be listed for final disposal in accordance
with the recommendations of the Central Empowered
Committee, on the next date of hearing.
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Notice of the Reports of the Central Empowered

Committee in respect of I.A. No. 703 and I.A.
 Nos.301-382 in WP(C) No. 202/95 respectively to go to
all the States through the standing counsel and notice
of the Report of the Central Empowered Committee in
respect of I.A. No. 22 in WP(C) No. 171/96 to issue
to the State of Jammu & Kashmir through the standing
counsel.

Rest of the matters@@

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List on 9th September, 2002.

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(D.P. WALIA) (S.B. SHARMA)

COURT MASTER ASSTT. REGISTRAR