TARASSO TRIBAL CARE SELF-HELP GROUP SOCIETY Vs. STATE OF ARUNACHAL PRADESH THROUGH CHIEF SECRETARY
HIGH COURT OF GAUHATI (AT: ITANAGAR)
Tarasso Tribal Care Self-Help Group Society
State Of Arunachal Pradesh Through Chief Secretary
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Kalyan Rai Surana, J. -
(1.) Heard Mr. D. Panging, learned counsel appearing for the petitioner and Ms. R. Basar, learned Jr. Govt. Advocate appearing for respondent Nos. 1 to 5 as well as Mr. N. Ratan, learned counsel appearing for respondent No. 6.
(2.) The brief back ground of the present litigation is that on the basis of recommendation made by the Central Empowered Committee, the Hon'ble Supreme Court of India by order dated 29.10.2002, passed by in the Case of T. N. Godavarman Thirumulpad,2008 12 SCC 337, constituted a body for management of the Compensatory Afforestation Funds. In course of time, the Ministry of Environment and Forest, Govt. of India had issued a notification dated 23.04.2004 constituting a "Compensatory Afforestation Fund Management and Planning Authority" ("CAMPA" for short) as an authority under Section 3(iii) of the Environment (Protection) Act 1986. It was brought to the notice of the Hon'ble Supreme Court that although the above referred notification was issued, but the CAMPA had not been made functional by the said Ministry. Thereafter, by order dated 05.05.2006, passed in the Case of T. N. Godavarman Thirumulpad, 2006 5 SCC 59, the Hon'ble Supreme Court had accepted the suggestions made by the CEC for constituting an Ad-hoc body till CAMPA became operational. Accordingly, for utilization of said fund for Compensatory Afforestation, all the State Government/Union Territory were directed to account for and pay to the Adhoc CAMPA the amount collected with effect from 30.10.2002, from the user agencies to whom permission were granted for using forest land for nonforest purpose in conformity with the order dated 29.10.2002.
(3.) Thereafter, the Ministry of Environment and Forest ("MoEF" for short) issued "the guidelines of State Compensatory Afforestation Fund Management and Planning Authority" (State CAMPA) and the same was placed before the Hon'ble Supreme for its approval. Consequently, vide order dated 10.07.2009, in the Case of T. N. Godavarman Thirumulpad,2009 16 SCC 481, the Hon'ble Supreme Court had directed that the guidelines and structure of the State CAMPA as prepared by the MoEF should be notified and implemented by the State Governments.;
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