T N GODAVARAMAN THIRUMULKAPAD Vs. UNION OF INDIA

JUDGEMENT

(1.) We are rather distressed that many States have either not implemented various directions issued by this Court from time to time including the directions issued on 12-12-1996 and 15-1-1998 or have committed breach of those directions with the result that the efforts made by this Court to prevent large-scale deforestation and for protection and conservation of forests and environment are not bearing the fruit that we expected these to bear.

(2.) The Central Government, in exercise of the powers conferred by sub- section (3) of Section 3 of the Environment (Protection) Act, 1986 constituted an authority for Arunachal Pradesh known as the Arunachal pradesh Forest Protection Authority. The powers and jurisdiction of the authority were notified on 17-9-1998. Mr Kirit N. Raval, learned Additional solicitor General appearing for the Union of India states that according to his instructions, this Committee has been functioning quite satisfactorily and many matters have been sorted out by that authority. Keeping in view this experience of the authority constituted under sub-section (3) of Section 3 of the Environment (Protection) Act, 1986, we have asked the learned additional Solicitor General to seek instructions about the feasibility of constituting such committees/authorities for the other States also. It would also be expedient if instructions are also obtained by him with regard to the feasibility of appointment of officers under Section 4 or issuance of directions under Section 5 of the Environment (Protection) Act, 1986. The response of the Central Government may be filed within 8 weeks. It may also be worth the consideration of the Central Government whether a committee of the type envisaged by sub-section (3) of Section 3 of the Environment (Protection) Act can also be constituted at national level in the nature of a supervisory or appellate authority over the State authorities. IA No. 397

(3.) On 15-1-1998, after taking note of the fact situation that proliferation of wood-based industries is the main cause of degradation of forests in the north-Eastern States, it was directed that though it was not desirable or feasible to ban completely the timber trade or running of the wood-based industries because of the dependence of the local people on the forest resources in the region, there was need to regulate the functioning of these industries. Keeping in view the availability of forest produce, it was suggested that those industries be relocated in specified industrial zones. A specific direction was issued to the effect that: