T.N. GODAVARMAN THIRUMULPAD AND ANR. versus UNION OF INDIA AND ORS. ETC.

Citation: [1998] 1 S.C.R. 211 · Decided: 15-01-1998 · Supreme Court of India · Bench: J.S. VERMA
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Judgment (excerpt)

T.N. GODA YARMAN THIRUMULPAD AND ANR. 
A 
..._ 
v. 
UNION OF INDIA AND ORS. ETC. 
JANUARY 15, 1998 
[J.S. VERMA, en. DR. A.S. ANAND AND B.N. KIRPAL, JJ.] 
B 
Environmental law : 
Forest Protection-North Eastern-Region-Felling of trees-Report c 
of High Power Committee-Felled Timber-Directions given regarding 
disposal of, pricing of felled timer, Licensing, Scientific management of forests 
and action against erring officials. 
ORIGINAL JURISDICTION: Writ Petition (C) No. 202/1995. 
.< 
Under Article 32 of the Constitution of India . 
D 
• 
Ashok Desai, Attorney General, A.K. Goel, Addi. General, Harish N. 
Salve, N.N. Geswami, Rajiv Dhawan, Shanti Bhushan, Dipankar P. Gupta, H. 
Nabakumar Singh, Prashant K. Goswami, Anil B. Diwan, G.L. Sanghi, T.L.V. 
Iyer, Jayant Das, Tapas C. Roy, P.K. Aggarwal, U.U. Lalit, Ms. Meenakshi E 
Sakhardande, A.D. N. Rao, P. Parmeshwaran, S. Wasim A. Wadri, Ms. Sushma 
Suri, Mr. U. Hazarika, S.R. Hegde, Ms. Saikia, A.S. Bhasme, Zailre Angami, 
C.K. Sasi, Kailash Vasdev, Gopal Singh H. Wahi, S. Hazarika, Ms. Neithono 
Rhetse, K.H. Nobin singh, Ms. S. Janani, Ranjan Mukherjee, Rajiv Mehta, 
Anil Agarwalla, P.C. Sharma, Gujarmal, K.M.K. Nair, M.L. Lahoty, Himanshu 
Shekhar, Mrs. Madhur Dadlani, S.K. Agnihotri, Aruneshwar Gupta, G. Prakash, F 
x 
Ms. Beena Prakash, R.K. Mehta, B.S. Chahar, Ashok Mathur, Jasbir Malik, P.P. 
,, 
Malhotra, K.R. Nagaraja, K.K. Tyagi, Ms. A Subhashini, R.B. Mishra, 
Kamlendra Mishra, H.K. Puri, Ujjwal Banerjee, K.B. Rohtagi, Ms. Apama 
Rontagi Jain, S.M. Jadhav, D.M. Nargolkar, R.S. Sodhi, B.B. Singh, G.M. 
Kawoosa, A. Mariarputham, Ms. Aruna Mathur, Rana Mukherjee, Ms. Sumita 
G 
Mukherjee, Goodwill Indeevar, Mahener Vyas, P.K. Nanohar, D.N. Misra, Parag 
P. Tripathi, Vijay Panjwani, D.N. Goburdhan. Ms. Pinky Anand, M.N. Shroff, 
'1·-
Ms. Shabnam Lone, Ms. Pumima Bhat, R. Sasiprabhu, Manish Garg, Anees 
Ahmad, P.H. Parekh,.Sameer Parekh, Zafar Shah, Ms. Rekha Palli, Ms. Indu 
Malhotra, S.K. Bhattacharya, S.K. Dhingra, Ashok K. Srivastava, Umesh 
Bhagwat Sanjay R. Hegde for the appearing parties. 
H 
211 
212 
SUPREME COURT REPORTS 
[ 1998] l S.C.R. 
A 
The following Order of the Court was delivered : 
Learned Attorney General submits that the perception of the Ministry 
of Environment and Forests is as under : 
I. 
It has been estimated by the HPC that about 1.20 lakhs cubic meters 
B of illicitly felled seized timber, belonging to the State Government is lying in 
the forests and depots for varying periods of time between 1 to 2 years and 
is thereby getting degraded on account of decay and rott.ing of the wood. It 
is necessary to dispose it off at the earliest to minimise any further loss in 
its monetary value. There is, in addition, considerable quantity of timber 
C claimed by the private industry and local people. In view of the approaching 
monsoon season (April 98) all such timber needs to be disposed off with 
urgency to save further loss in quality, as also in value, albeit with proper 
checks and balances. 
2. 
Given the weak infrastructure in the North-Eastern region, it does 
D not seem feasible to transport such huge quantities of timber for auction in 
markets outside the region in a short time. Moreover, there would be uncertainty 
of the response in timber markets far away from the source of timber which 
has been ·subject to elements of degradation in varying degrees. There is also 
the likelihood of local resentment, in an otherwise sensitive area, if all such 
E material is removed from the region without processing and value addition, 
which could be conceived as creating an adverse effect on the region's 
economy. 
3. 
Even though the proliferation of wood-based industries has been 
the main cause of degradation of forests in the North-Eastern States, 
F considering the extent of forests (64% of the geographical area) and the 
dependence of the local people on the forest resources in the region it is 
neither feasible, nor desirable, to ban completely either the timber trade or 
running of the wood based industries. However, their numbers and capacities 
need to be regulated qua the sustainable availability of forest produce and 
they are also required to be relocated in specified industrial zones. Moreover, 
G the industrlal requirements have to be suborinated to the maintenance of 
environment and ecology as well as bonafide local needs. 
4. 
There shall be no fresh fellings in the forests belonging to the 
Government, District and Regi
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