SATISH CHANDRA INANI Vs. STATE OF M P

JUDGEMENT

(1.) By filing this petition in the nature of public interest litigation, the petitioner has challenged the action of the respondents in cutting and eradicating the trees in the thick forest land of Punjapura, Udayanagar, Panigao, Kantafod and Kannod range in District Dewas spread over almost 7395 hectares.

(2.) According to the petititoner by such action of the third respondent the thick forest will be vanished resulting in deforestation thereby bringing rampant change in the ecology of the area. It is also the case of the petitioner that the said action of the third respondent is against the provisions of The Forest (Conservation) Act, 1980 and rules made thereunder. Through this petition, the petitioner has sought issuance of mandamus directing the third respondent to stop the action of cutting of trees in the said areas.

(3.) In the reply submitted by the respondents they have justified their action by submitting that they have cut the trees on the basis of the "working plan' approved by the Central Government and the State Government. According to them, the working plan comprises of such ancillary to conservation, development and management of forest and wildlife. The activities which the respondents are carrying out are not prohibited. There is regeneration of trees which is being carried out by the respondents as per the working plan. The activity of the cutting of the trees is not on the whims of the respondent but is done on the basis of the working approved plan. They are cutting only dead, dying and diseased trees. The plants of seed origin are being planted at the area from where the dead, dying and diseased trees are felled down.