STATE OF RAJASTHAN Vs. RAM DULARI

JUDGEMENT

(1.) IN all aforesaid seven revision petitions the controversy involved is one and the same, hence it has been thought proper to deal with and decide these petitions by way of this common order after they are heard for being finally disposed of.

(2.) ALL these revision petitions have been preferred against order dated 22. 1. 2000 (impugned) passed by the learned Civil Judge (SD) Jaipur District Jaipur on the respective application filed by the plaintiffs (who are respondent No. 1 in these revision petitions) (for short `plaintiffs') in their respective civil suit. The suit for permanent injunction & declaration alongwith application for temporary injunction was filed on the averments inter alia that mining lease had been created by the Department of Mines and Geology, Government of Rajasthan Jaipur (proforma respondent herein) in respect of the land within jurisdiction and ambit of forest area and as per covenants of the said lease, plaintiffs were permitted to carry on mining activity for a period of two years subject to the terms and conditions besides payment of dead rent as stipulated in the lease for carrying out excavation of minerals over the area in question. It has been prayed in the plaint that the defendants be restrained by issuing permanent injunction from interfering in the broken up area and from creating obstacles in operation of mines, and further that operation of orders dated 4. 1. 2000 and 10. 1. 2000 be also stayed. A declaration was also sought. To the above effect temporary injunction was also sought in the application.

(3.) THE Apex Court also directed as under:- " 5. Each State Government should constitute within one month an Expert Committee to: (i) identify areas which are "forests" irrespective of whether they are so notified, recognised or classified under any law, and irrespective of the ownership of the land of such forest; (ii) identify areas which were earlier forests but stand degraded, denuded or cleared; and (iii) identify areas covered by plantation trees belonging to the Government and those belonging to private persons. 6. Each State Government should within two months, file a report regarding: (i) the number of saw mills, veneer and plywood mills actually operating within the State, with particulars of their real ownership; (ii) the licensed and actual capacity of these mills for stock and sawing; (iii) their proximity to the nearest forest; (iv) their source of timber. 7. Each State Government should constitute within one month, an Expert Committee to assess: (i) the sustainable capacity of the forests of the State quo saw mills and timber based industry; (ii) the number of existing saw mills which can safely be sustained in the State; (iii) the optimum distance from the forest, qua that State, at which the saw mill should be located. "