GOVERNMENT OF TAMIL NADU Vs. TATA TEA LIMITED

JUDGEMENT

(1.) This Appeal arises out of the order of the learned single Judge of this Court dated 7.8.2000 allowing the Writ Petition in W.P.No.18047 of 1993 thereby declaring that the 1st Respondent need not obtain any permit, consent or licence from the State Government or any of its authorities for felling/transporting or using as fuel trees grown by them in their own estates/plantations for the manufacture of tea or domestic use in connection with the tea industry. The learned single Judge negatived the prayer to declare Tamil Nadu Hill Areas (Preservation of Trees) Act, 1955 as unconstitutional and void.

(2.) The brief facts are that the 1st Respondent Company is having Pachaimallai, Pannimade, Uralikal, Velonie and Valparai estates situated in the Anamallais hills in Valparai taluk, Coimbatore District. All these estates of the 1st Respondent except Valparai estate have also their respective tea factories for processing the tea leaf harvested from the estates and the Valparai estate has a coffee pulping factory. The plantations of tea and coffee crops first started in Anamallais hills village in the then Pollachi taluk (now Valparai taluk), Coimbatore District from 1900 onwards. The extent of tea area in Annamallais comes to 1574.64 hectares and while the extent of coffee and cardamom areas in the said Valparai estates comes to 661.12 hectares and 187.56 hectares respectively. According to 1st Respondent, for administrative convenience, the 1st Respondent's plantations are grouped into 5 estates subject to change or regrouping from time to time as required. The 1st Respondent is carrying on an integrated and inter dependent activity of growing and manufacturing of tea in its tea plantations and also growing and processing of coffee and cardamom in its Valparai estates.

(3.) The case of the 1st Respondent is that in their estate in Annamallais they are producing 5.3 million kilograms of tea annually and for this the 1st Respondent needs continuous and steady supply of fire wood mainly for the manufacture of tea in its tea estates. Further case of 1st Respondent is that it requires an aggregate of 21200 cubic metres of firewood apart from the firewood required for the supply to workers for domestic use. The yield from a hectare of plantation would be around 300 cubit metres of firewood and the extent of total fuel plantation raised by the 1st Respondent is 471 hectares. According to 1st Respondent, it is hardly sufficient to meet the firewood requirements of the 1st Respondent. Further case of 1st Respondent is that by using Eucalyptus firewood a self generated source of energy, the 1st Respondent is avoiding use of furnace oil and thereby saving large amount of foreign exchange. Under Tamilnadu Hill Areas (Preservation of Trees) Act, 1955, no person shall, without previous permission in writing, cut or cause to be cut uprooting any tree. The 1st Respondent has filed the Writ Petition changeling the vires of Tamil Nadu Hill Areas (Preservation of Trees) Act.