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Smt. Shobha Phadanvis Vs State of Maharashtra (Illegal

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Smt. Shobha Phadanvis Vs State of Maharashtra (Illegal BEFORE THE NATIONAL GREEN TRIBUNAL (WESTERN ZONE) BENCH, PUNE APPLICATION No. 135/2013(WZ) CORAM: Hon’ble Mr. Justice V.R. Kingaonkar (Judicial Member) Hon’ble Dr. Ajay A. Deshpande (Expert Member) B E T W E E N: Smt. Shobha Phadanvis, Aged about 58 years, Member Of Legislative Assembly, Bazar Chowk, Mul, District Chandrapur. ….Applicant A N D 1. The State of Maharashtra, Through : Its Chief Secretary, Maharashtra State, Mantralaya, Bombay – 32. 2. Principal Secretary, Department of Forest, Mantralaya, Bombay – 32 3. The Chief Conservator of Forest, Nagpur. ………Respondents Counsel for Applicant: Absent - Nemo (J) Application No.135(THC)/2013 (WZ) 1 Counsel for Respondents : Absent - Nemo DATE : 13th January, 2014 J U D G M E N T 1 In pursuance of the order of transfer of original Writ Petition No.1277/2000 by Hon’ble High Court of Bombay, Nagpur Bench this application is taken on file. The Applicant has filed this application to protect the forest cover of Maharashtra, particularly in the forest area of District Chandrapur and Gadchilori by way of prohibiting/preventing the illegal cutting and smuggling of seasonal wood. The Applicant was Member of State Legislative Assembly (M.L.A.) when the Application was filed and she tried to bring the issues raised in this Application on floor of the State Legislature through various legislatives methods. However, she could not get the required responses and hence filed this Application. The Applicant submits that in the month of November 1999 she received a complaint that there was illegal cutting of the forest involving teak and seasonal wood in Chimur- Wahangaon compartment No.57 of 536 Hectare. Upon verification, she found that this illegal activity was going on the site. She further submits that she raised this issue in the Legislature and was not satisfied with the reply of the Government and therefore, she personally went to the site with prior intimation to the Government officials on 29th December 1999 and a (J) Application No.135(THC)/2013 (WZ) 2 panchnama was made about the forest cutting which is part of the record. 2 The Applicant also submits that she visited the depot of forest department wherein it was noticed that countless pieces of wood without hammering, re-numbering are deposited which are left over after material portion of the tree is removed and therefore, she came to know that there is huge illegal cutting of forest wood. She further submits that she immediately gave the information of said fact to the Chief Secretary and the Forest Secretary who also conducted the inspection through the Department officials. During such inspection they noticed that in the forest depot, wood is being deposited without there being any number or hammer. The Applicant, therefore, claims that important part of the teak and forest trees were taken away and rest of the balance is deposited in the forest depot showing there is as if, nothing that has happened. She also submits that detailed representation along with videography has been submitted to the Government. However, no substantial action has been taken so far. 3 She has raised important observations of this visit to high-light the illegality in cutting of the forest tree: a) In Sironcha Forest, old “Matruvruksha” trees are illegally cut and smuggled out. Similar wood cutting is observed in “Wakshan” compartment. In Ankisa depot, (J) Application No.135(THC)/2013 (WZ) 3 forest woods have been stored without any number and without following any due procedure. b) Artificial conflagration is caused so that the entire bottom of the tree is destroyed in order to destroy the evidence. c) Without there being marking, hammering and ascertaining the length and breadth of the tree, the trees which are lying on the spot, after important and costly middle portion is removed, are deposited in the forest depot. 4 The Applicant, therefore, approached the Hon’ble High Court and sought to save remaining forest by adopting immediate measures for the sound forest management activities. The Applicant further submits that the State Government is collecting funds under Section 6 of the Maharashtra Forest Department Act 1983. Inspite of collection of such funds, there is no proper utilization thereof for protection of the Forests. 5 The Applicant further submits that the State has sufficient resources of funds for the Forest protection and development activities as the State is collecting tax on sale of forest produce under Section 6 of the Maharashtra Forest Department (Tax on Sale on Forest Produce by Govt. or Forest Development Corporation) Act 1983. This tax amount is recoverable and that tax, after deducting the expenses for its collection, has to be used for the purpose of protection and development of the Forest. The Applicant claims that by (J) Application No.135(THC)/2013 (WZ) 4 November 2001, the State of Maharashtra had collected about Rs.125 crores under this tax head, but has not used the same towards protection and development of Forest. The Applicant has also raised various technical issues, such as non preparation of appropriate working plans for the forest areas, non preparation of the master plan for conservation of forest for a period of 30 years, non availability of detailed forest maps by carrying out detailed survey and also marking of the Forest boundaries. The Applicant has prayed for suitable directions to implement an integrated master plan for protection and development of Forest. The Applicant has also further claimed that the conflagration is one of the reasons for destruction of fire. It is claimed that the artificial forest fires are set specially in the month of March and April to facilitate the Tendu leaves collection by the Tendu Contractors. The Applicant has also raised issue of safety of the forest personnel and the issue of restricted mobility due to non availability of the transport vehicles for the forest personnel for effective monitoring and vigilance. The Applicant has sought involvement of the local people in the forest management which can also provide them employment and also, develop a sense of responsibility amongst the local people towards forest protection and development. The Applicant has given several suggestions for consideration while preparing the master plan including suitable legislative amendments, administrative delegation of powers, preparation of working Manuals, Development of intelligence cell, (J) Application No.135(THC)/2013 (WZ) 5 removal of encroachment over the forest lands, sample census of forest areas, and settlement of revenue of forest records. The Applicant has finally prayed for various reliefs towards the protection and development of the forest areas in the State which are summarized in brief as below :- a) Formation of the Expert committee to inquire the entire matter. b) The State be restrained from using the funds collected under section 6 of the Maharashtra Forest Department (Tax on sale of forest Produce by Government or Forest Development Corporation) Act 1983 for any other purpose except development of forest in the area of destructions of Chandrapur, Gadchiroli and Bhandara. c) Direct the State to give details of utilization of the above said tax amount collected so far. d) Direct the State Government to frame master plan for Protection and Development of Forest and disclose the implementation status of the said master plan from time to time. 6 This petition was heard by the Hon’ble High Court of Judicature of Bombay, Nagpur Bench and several directions have been issued from time to time for implementation. The important orders and directions issued by the Hon’ble High Court are referred hereafter for highlighting the importance given by the Hon’ble High Court to this Application which is mainly for the protection and development for Forest area in the State of Maharashtra and the steps taken by the Government upon those (J) Application No.135(THC)/2013 (WZ) 6 directions. On 20th July 2000, the Bench had expressed its surprise on the contents of the Affidavit filed by the Intervener Association which made specific allegations regarding the tree cutting, mainly due to the fact that though the Court was ceased of the matter and had issued directions to the Government to take immediate steps in the matter, still illegal felling of the trees is going on without any obstruction and the Forest Department, except for registering preliminary offence report, has not been able to prevent such illegal felling of trees. The Court also directed the State Government to constitute High Power Committee consisting of Chief Secretary, Finance Secretary, Forest Secretary, Home Secretary, Director General of Police, Principal Chief Conservator of Forest and Chief Conservator of Forest (Protection). This Committee was directed to implement immediately the measures suggested by SIT which was constituted by Order dated 20th April 2000. The Court in its order dated 10th October 2000 has taken on record the Report of the High Power Committee and also noted that the suggestions and recommendations stated in the Report need to be implemented in a time bound and effective manner and therefore, the Court decided to continue hearing the matter to ensure the effective implementation with this High Power Committee Report. The Court in its order dated 4th May 2001 has recorded that: “Mr. Kaptan, learned counsel appearing for Maharashtra Forest Rangers Association, one of the intervener in the matter submitted that he has personally visited the forest area in (J) Application No.135(THC)/2013 (WZ) 7 Sironcha, Alapalli, Bhamragad in Gadchiroli Region and found that illicit felling of timber in various area continues unabated. It is submitted that in case the Revenue and Forest Department undertake an exercise to demarcate their respective land i.e. the forest land and revenue land, it will go long way in regulating the steps to prevent the illicit felling of timber.
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