T. N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA

JUDGEMENT

(1.) IA No. 2143 in WP (C) No. 202 of l995 Pursuant to a series of orders passed by this Court for afforestation purpose, various agencies had deposited amounts by way of net present value (NPV) when the forest area were utilised for non - forest purposes. This amount is lying with the ad hoc CAMPA. The MoEF, the amicus curiae and CEC have discussed the matter and they have come up with a scheme as to how to utilise the deposited amount for the purpose of afforestation.

(2.) CEC has filed a report framing a scheme and the same has been placed before this Court for consideration. We have examined the scheme and accepted the following recommendations: (A) The guidelines and the structure of the State CAMPA as prepared by MoEF may be notified / implemented. All previous orders passed by this Court regarding this would stand modified to the extent necessary for implementation of the present proposal. (B) Substantial amount of funds have been received by the ad hoc CAMPA and sudden release and utilisation of this large sum all at one time may not be appropriate and may lead to its improper use without any effective control on expenditure. This Court considers it appropriate to permit the ad hoc CAMPA to release, for the time being, the sum of about Rs 1000 crores per year, for the next 5 years, in proportion of 10% of the principal amount pertaining to the respective State / UT as per the conditions given below: (i) the details of the bank account opened by the State Executive Committee (in the nationalised bank) are intimated to the ad hoc Campa; (ii) the amount towards NPV and the protected area may be released after the schemes have been reviewed by the State Level Executive Committee and the Annual Plan of Operation is approved by the Steering Committee; (iii) the amount towards CA, additional CA, PCA and the Catchment Area Treatment Plan may be released in the respective bank accounts of the States / UTs immediately for taking up site specific works already approved by MoEF while granting prior approval under the Forest (Conservation) Act, 1980. (C) An amount up to 5% of the amount released to the State CAMPA may also be released and utilised by the National CAMPA Advisory Council, for monitoring and evaluation and for the implementation of the various schemes as given in Para 19 of the guidelines on the State Campa. It is left to the discretion of the National Campa Advisory Council whether it wants to spend money directly or through the ad hoc Campa. (D) The recommendations for the release of the additional funds, if any, will be made in due course from time to time after seeing the progress made by the State Level CAMPA and the effectiveness of the accounting, monitoring and evaluation systems. (E) The State Accountant General shall carry out the audit of the expenditure done out of State CAMPA funds every year on annual basis. (F) The State Level Executive Committee shall evolve an appropriate and effective accounting process for maintenance of accounts, returns and for audit. (G) The interest received by the State CAMPA on the amounts placed at their disposal by the ad hoc CAMPA may be used by it for administrative expenditure. (H) Till an alternative system is put in place (after obtaining permission from this Court) the money towards CA, NPV and protected areas (national parks, wildlife sanctuaries) shall continue to be deposited with the ad hoc CAMPA and its release will continue to be made as per the existing orders of this Court.

(3.) IA No. 941 in IAs Nos. 754-55 with IAs Nos. 777, 1131-33, 1138-46, 1148, 1184, 1272, 1361, 1579-80 in WP (C) No. 202 of 1995 with WP (C) No. 356 of 2007 These matters relate to sawmills in the State of Orissa. This Court had earlier directed that there should be no sawmills within 10 km from the boundary of the forest area. Many of the sawmills in the State of Orissa were closed down. The applicants in IAs Nos. 1579 and 1580 also closed down their sawmills. We are told that some of the sawmills had obtained interim orders from the High Court but as those are contrary to the direction given by this Court, all those sawmills must also be closed down immediately.