Court directs sandalwood oil units to close

The Nagpur bench of the Bombay High Court on Wednesday directed the state government to close down all sandalwood oil factories in the state and conduct a survey of sandalwood trees in state forests.

The forest department later informed the high court that all 33 sandalwood oil factories in the state have been closed down and assured to undertake survey of sandalwood trees.

A division bench consisting of justices J N Patel and P S Bramhe while hearing a public interest litigation (PIL) filed by Nature Conservation Society alleging illicit felling of sandalwood trees and inaction of the authorities, directed the forest department to conduct survey of all sandalwood trees in the state.

At the same time the court deplored the casual attitude adopted by the forest department towards sandalwood trees, which have been classified as reserve trees and command a high commercial value.

The forest department claimed that it had not granted licence to a single sandalwood unit as claimed by the petitioner society, however, permission was granted to some units for extraction of oil from sandalwood.

Affidavit filed by additional principal chief conservator of forests Jwala Prasad stated that all the 33 sandalwood oil extraction units have been closed.

In fact, 21 of them were closed prior to order of the high court dated March 15, 2005, and 12 were closed on March 16 and March 17, 2005.

The forest department further claimed that the these units were granted licence by the directorate of industries and not by them. The high court also made it clear that grant of any such licence was contrary to the orders of the Supreme Court.

According to the petitioner, sandalwood is used for manufacture of sandalwood oil which is obtained from the heartwood by process of condensation.

For that the sandalwood is cut into pieces and then crushed in a disintegrator and converted into powder, which is put in a container and high pressure steam in passed through it. After condensation mixture of oil and water is obtained.

The PIL pointed out that the Supreme Court in T N Godavarams' case had directed Maharashtra government not to grant licence to any saw mill in the state after March 4, 1997. Inspite of this order, the respondent authorities have issued permission under 94 (b)(ii) of the Bombay Forest Rules to many sandalwood oil extraction unit, the petitioner alleged.

The additional chief conservator of forest issued a letter and informed all the conservators of forest that in view of the Supreme Court order dated March 4, 1997, permission under Rule 94(b)(ii) to start sandalwood oil unit can not be granted, the petitioner stated.

Surprisingly, the additional chief conservator of forest on August 28, 2003, withdrew the said letter and clarified that permission under Rule 94 (b)(ii) could be granted, the PIL alleged and pointed out that as many as 34 sandalwood oil extraction units are working in the state and a larger number of sandalwood trees are illicitly felled or stolen from reserved, protected forest or from private lands.

The PIL has urged the high court to direct the respondent to cancel licences granted to sandalwood oil extraction units and stop illicit felling of sandalwood trees and institute a probe.

During the last hearing, the high court had imposed a cost of Rs 5,000 each on Maharashtra chief secretary, principal chief conservator of forests and principal secretary, revenue and forests for their failure to file reply despite notices.

Looking at the positive response, the high court recalled its earlier order imposing costs on these officials.