S. JAYACHANDRAN Vs. THE SECRETARY TO GOVERNMENT OF TAMIL NADU, ENVIRONMENT AND FOREST DEPARTMENT AND ORS.

JUDGEMENT

(1.) The petitioner is stated to be a conservation activist endeavouring to protect the environment, holding the post of Joint Secretary of Tamil Nadu Green Movement. The challenge in this writ petition is to the validity of the Government Order passed in G.O. Ms. No. 194 Environment and Forest (FR 13) Department dated 1.8.2012, by which, silver oak trees are exempted from the rigour of Tamil Nadu Timber Transit Rules, 1968.

(2.) The silver oak tree is an exotic specie planted mainly in plantation crops in the hilly areas. They act as shade trees apart from improving the soil health by addition of organic matter. The Government of Tamil Nadu in the year 1997 took out the silver oak trees from the list of scheduled timbers. However, by subsequent Government Order passed in G.O.(Ms.) No. 44 Environment and Forest (FR 13) Department, dated 3.3.2003, it has been included in the list of scheduled timber by way of amendment to Tamil Nadu Forest Act, 1882. Consequently, another Government Order in G.O. Ms. No. 45 Environment and Forest (FR 13) Department dated 3.3.2003 was passed by amending Tamil Nadu Timber Transit Rules, 1968 by deleting the silver oak tree in the classes of trees exempted from the purview of Tamil Nadu Timber Transit Rules, 1968. These orders have been passed by taking note of the concern expressed in the District Collectors Conference held on 11.12.2002 on the indiscriminate felling of silver oak trees. The Principal Chief Conservator of Forests has also stated that the exemption caused indiscriminate/unauthorized felling of trees in hill areas, cutting of silver oak trees caused damage to the green cover of the hill areas and obviously affected the characteristics of the area, necessity to empower the Forest Officials and to regulate the movement of silver oak under the Tamil Nadu Timber Transit Rules, 1968, which will prevent the indiscriminate felling coupled with the fact that the exemption of silver oak from the Tamil Nadu Timber Transit Rules, 1968 encouraged the owners to fell trees rather than encouraging them to grow trees. The Principal Chief Conservator of Forests had therefore requested to include silver oak trees in the purview of Tamil Nadu Timber Transit rules, 1968, considering the need for preventing of indiscriminate felling of silver oak trees.

(3.) Accordingly, the aforesaid Government Orders were passed. However, by a subsequent Government Order in G.O. Ms. No. 216 Environment and Forest (F.R.13) Department dated 8.7.2004, silver oak was removed from the scheduled timber.