The Supreme Court yesterday rejected the plea of the Arunachal government for removal of cut timber lying in the forests and ordered maintenance of status quo in the matter of forest activities in all states.
Nearly a hundred applications, including those from the federation of mining industries, plywood and vinyl manufacturers, salt and broom manufacturers flooded the Supreme Court yesterday. They pointed out their difficulties following the judgment passed in December stopping all industrial activities in the countrys forests.
The division bench consisting of Justice J S Verma and Justice B N Kirpal, which heard the applications, severely criticised the Arunachal government for identifying itself with the timber businessmen outside the state.
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The government had sought permission to move the timber because of the impending monsoon. The court said that it would not change the order without obtaining the reports of the expert committees which it had set up by its December order.
The judges observed that the Arunachal government was not showing any serious concern for the people of the state or the tribals. In fact it was identifying itself with outside interests which were exploiting the people and natural resources.
Referring to some statements made by political leaders about the Supreme Court judgment, the judges warned sternly that they should understand that the court could not be influenced from outside.
Judicial matters are decided in the court. People in authority must know what to say and where, or we will make them understand, the judges remarked.
Harish Salve, senior counsel appointed to assist the court in the forest cases, said the Arunachal government was allowing the timber merchants to exploit the system. Each tribal is allowed to own one tree a year and the merchants from outside the state are using this facility to buy the tree at a throwaway price and sell them for their market value.
According to one estimate, each tree is bought for a few hundred rupees and sold for around Rs 5 lakh. The state government also allowed these timber businessmen to work as authorised agents to conduct all the operations regarding the felling and transport of forest goods. They are given licences and permits for this purpose, counsel said.
Salve pointed out the congratulatory messages pouring in from the north-east expressing the peoples relief at the stoppage of the denudation of forest wealth there. He also pointed out an article by former Governor of Arunachal and Sikkim, Rajeshwar Dayal, who graphically described the havoc wrought by the timber mafia.
The court, Attorney General Ashok Desai and Salve were in favour of a commission headed by the former governor to study all aspects of the problem and report to the court. This proposal will be finalised at the next hearing.
Several industries, including public sector units, tried to highlight their problems. The Hindustan Paper Corporation submitted that the judgment had stopped their supply of bamboo and therefore some 28,000 employees were likely to be rendered jobless. Counsel said bamboo was grass, according to the dictionary. But the court did not grant any relief.
Similarly, the broom manufacturers submitted that they were only using fallen leaves and tree bark to make their products. This also did not change the judges mind.
Arun Jaitley, counsel for the Assam plywood manufacturers association, stated that they were importing timber from Burma and other east Asian countries. Therefore, they should be allowed to take out of Assam an equal quantity of finished goods.
However, this argument did not hold as the judges observed that if the timber was imported, then the factories would be near the Calcutta port, not 600 miles uphill in Assam.
Regarding mining, the Attorney General clarified that the activity could be conducted if the lessee already has a licence and if the mining did not require breakup of the land surface.
The problem faced by miners in various parts of the country will be taken up on February 25.