AJIT D PADIWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) "The Indian Express" daily, in its issue dated 29th January, 1995, published an article, "Where law 'allows' felling of trees". A cutting of that news item was forwarded to this Court by Advocate Shri Ajit D. Padival and requested this Court to treat it as a public interest litigation. A Division Bench of this Court treated it as Special Civil Application No. 616 of 1995 and issued Rule to the concerned parties. This Court also called for a report regarding the bamboos and trees existing in the forest by appointing Shri N. V. Anjaria, an Advocate of this Court, as Commissioner. Advocate-Commissioner submitted his report dated 13-2-1995. After perusal of the report, this Court permitted respondent- Company to remove the bamboos, which have been cut and earmarked for it, on the Company paying the workmen the amounts due to them. Government was directed to file affidavit, indicating the census figures of the area, showing the number of trees as well as clumps of bamboos, which have been there since the beginning of the census work. State was also directed to indicate the steps that are to be taken to prevent unauthorised or illegal cutting of bamboos. Subsequently, by order dated 22-2-1995, State Government was permitted to distribute the cut bamboos among Kotwalias and tribals. State Government was directed to ensure the compliance with the terms contained in the licence issued on 15-12-1994 under S.29 of the Wild Life (Protection) Act, 1972 to the Company. While the matter stood like this, another news item came in "Gujarat Samachar", dated 3-4-1996 regarding the rash and indiscriminate cutting of various trees. On seeing the same, a learned single Judge initiated suo motu proceedings and registered Special Civil Application No. 2798 of 1996. The operative portion of that order reads :-

(2.) Pursuant to the above order, the Central Bureau of Investigation (hereinafter referred to as "C.B.I."), went into action. They submitted report dated 26-4-1996. Report of the C.B.I. brought out following facts :-

(3.) Order passed by the learned single Judge on 10-4-1996, registering Special Civil Application No. 2798 of 1996 was taken up in appeal, namely, L.P.A. No. 461 of 1996. Division Bench issued notice of admission on 10-5-1996 and stayed the operation of the directions given by the learned single Judge. On 3-5-1996, learned Counsel representing the Company, undertook before this Court that no bamboo was removed from the Shoolpaneshwar Wild Life Sanctuary area and that no bamboo will further be transported out of that area without the Court's order. This undertaking has been recorded. Consequently, no bamboo was cut by the Company nor was any removed by it thereafter.