NATURE LOVERS MOVEMENT Vs. STATE OF KERALA

JUDGEMENT

(1.) QUESTION that arises for consideration in these two Writ Petitions is as to whether the State Government or the other authorities of the State is obliged to obtain prior approval of the Central Govt. in accordance with S.2 of the Forest (Conservation) Act, 1980, hereinafter referred to as the 'Act', for laying roads through reserved forests if the purpose is for conservation, development and management of forests.

(2.) GOVERNMENT of Kerala have raised two wattle plantations in Koodakkad and Pothady areas during the years 1982 - 86, namely, 1983 Koodakkad Wattle Plantation, 1984 Koodakkad Wattle Plantation, 1985 Pothadi Wattle Plantation and 1986 Chinna Pothadi Wattle Plantation. First two plantations aforesaid are at the top of the Koodakkad Hills and the latter two are at the Pothadi Hills of Marayur Range. Forest Department has fixed the economic rotation period of the wattle species as 8 years and these plantations are matured for extraction. These plantations are at the hill top and there were no approach roads to facilitate extraction of timber and bark. In order to enable extraction of timber, roads had to be constructed to reach these plantations.

(3.) CHIEF Conservator of Forests (Protection) passed orders dated 6.10.1993 and 30.6.1994 allotting wattle wood from the above mentioned State plantations in Marayur Range of Munnar Division. Extraction and transportation of wattle wood, namely, 18,200 MTs. from 1983 and 1984 Koodakkadu and 1983 Pothady plantations covered by above mentioned orders was awarded to the additional fifth respondent as per the work order dated 2.2.1995. Addl. sixth respondent, Hindustan Newsprint Ltd., has also on the basis of allotment by the Govt. issued another work order dated 15.5.1995 to the addl. fifth respondent for extraction of 2300 MT from 1986 Chinna Pothady Wattle Plantation in Marayur Range of Munnar Division. Divisional Forest Officer, Munnar issued licence No. 4/95 to the addl. fifth respondent for extraction and transportation of wattle wood evidenced by Ext. R5(c).