T N GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Concerned by large scale deforestation and actuated by the desire to take steps for protection and conservation of forests throughout the country, this court has made certain orders in this writ petition from time to time.

(2.) On 12.12.1996, an order was made banning all non-forest activities throughout the country, including the State of Arunachal Pradesh. On 15.1.1998, a detailed order was made with regard to disposal or confiscation of legal and illegal timber. Various I.A.S. have been filed from time to time seeking directions from this court by the State as well as private parties. This court has been monitoring the case with a flew to see that its orders are implemented in letter and in spirit.

(3.) The Central government has, in exercise of the powers conferred by sub- section (3 of Section 3 of the Environment (Protection) Act, 1986, constituted an Authority to be known as Arunachal Pradesh Forest Protection Authority. The notification has been issued on 17.9.1998 detailing the powers and jurisdiction of the Authority. It, therefore, now appears appropriate to us to refer all pending interim applications, seeking various directions in so far as the State of Arunachal Pradesh is concerned to the said Authority. It shall also be open to any party, whose application is not pending before us, who wishes to seek some directions in the matter, to approach the Authority, directly. The Authority shall consider the applications, both, referred by this court and filed directly before it, and give appropriate directions, subject however, to the condition that no direction which is inconsistent with SLY of the orders or directions made by this court, shall be made. Should the Authority, however, find it necessary to seek any modification or variation of any of the orders or directions issued by this court; so as to be able to give effective relief to the concerned parties, the Authority shall be at liberty to approach this court for such modification/variation. We expect that the Authority shall dispose of the applications concerning Arunachal Pradesh within a period of eight weeks from the date the applications are received by it from this court and also within the same time frame of eight weeks, from the date when an application is filed directly before the Authority by any of the parties. The Authority shall submit a report regarding disposal of the applications, together with the orders made thereon to this court every three months.