- (1.) These Letters Patent Appeals are preferred against the order dated 9.9.2003 passed in W.P.(C) No.2124 of 2003 and other analogous cases, whereby the learned Single Judge quashed the impugned order dated 7.3.2001 and 1.9.2001 issued by the Divisional Forest Officer, Ranchi by holding that the judgment of the Hon'ble Supreme Court rendered in the case of T.N.Godavarman Thirumulkpad Vs. Union of India and Ors, 1997 AIR(SC) 1228 cannot be applied to the petitioners and the directions are not applicable to the Saw Mills of the respondents.
(2.) The Hon'ble Supreme Court while dealing with a case of T.N.Godavarman Thirumulkpad's , relating to conservation of forest throughout the Country, by an interim order dated 12.12.1996 issued general directions to all the States and Union Territories to constitute an Expert Committee who will examine the running Saw Mills and also the number of Saw Mills required in a particular State on the basis of the sustainability vis- -vis availability of the timber from all the sources of respective State, the optimum distance from the forest where Saw Mill should be located. In paragraphs-5 to 9, the Hon'ble Supreme Court issued the following directions: "5. We further direct as under : I. General : 1. In view of the meaning of the word "forest" in the Act, it is obvious that prior approval of the Central Government is required for any non-forest activity within the area of any "forest". In accordance with Section 2 of the Act, all on-going activity within any forest in any State throughout the country, without the prior approval of the Central Government, must cease forthwith. It is, therefore, clear that the running of saw mills of any kind including veneer or ply- wood mills, and mining of any minerals are non- forest purposes and are, therefore, not permissible without prior approval of the Central Government. Accordingly, any such activity is prima-facie violation of the provisions of Forest Conservation Act, 1980. Further, State Government must promptly ensure totally cessation of all such activities forthwith ..." Said paragraph-5 further lays down certain directions wherein direction no.4 incorporates "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, recognized 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 the 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 license 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 qua 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." 8. The Expert Committee so constituted should be requested to give its report within one month of being constituted. 9. Each State Government would constitute a Committee comprising of the Principal Chief Conservator of Forests and another Senior Officer to oversee the compliance of this order and file status reports.
(3.) In compliance of the direction of the Hon'ble Supreme Court, the erstwhile State of Bihar constituted the Expert Committee to fix the optimum distance from the forest at which the Saw Mill should be located and also to ascertain the number of running Saw Mills with licence and also the unlicensed Saw Mills and to take legal action for closing down those unlicensed Saw Mills. Thus, on the report of the Expert Committee, the erstwhile State of Bihar sent letter no.343 dated 28.10.2000 to the Principal Chief Conservator of Forest, Bihar. The relevant portion of the letter based on the Expert Committee regarding fixation of distance reads as under : "The minimum distance of the Saw Mills, Veneer Mills and Plywood Mills and any other timber based industry in the notified forest areas of the State is fixed to be 5 kilometers but the mills established in the notified municipality, Municipal Corporations and notified area prior to 12.12.1996 are hereby exempted from this distance. The mills situated near the mines, industrial area and Railway Stations are exempted from this distance. No exemption of any type will be given to the Mills that do not come under the aforesaid notified areas. The Mills functioning legally be given chance to shift their Mills without loss of time to any other place and the remaining Mills be got closed. It will not be applicable on the establishments that are eligible for exemption under section 25 of Timber Cutting (Regulation) Act, 1990.";