From kanchik@VSNL.COM Mon Nov 1 16:11:37 2004
Date: Sat, 30 Oct 2004 11:38:43 +0530
From: Kanchi Kohli
To: nathistory-india@Princeton.EDU
Subject: Forest Case Update
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Dear Friends,
Some of you might already be aware of this initiative. For the others, I am
pasting the inital mail sent out in May 2004 below. The fifth issue is now
ready, so do write in for subscriptions to the electronic mailing list. This
subscription is presently free of cost.
Pl. respond to forestcase@yahoo.com, if you would like to subscribe. The
first four issues of the update are available on:
http://www.geocities.com/forestcase/forestcaseupdate.html
Regards
Kanchi
____________________________________________________________________________
__
FOREST CASE UPDATE
An Information Dissemination Service for Forest and Wildlife Cases in the
Supreme Court
(Pl.respond to forestcase@yahoo.com)
Since 1996, the Supreme Court of India has assumed the role of the principal
decision maker so far as issues relating toforests and wildlife are
concerned. This has been due to Supreme Court's intervention through the
following cases:
1. The T. N. Godavarman Thirumulkpad vs Union of India and ors (WP No 202
of 1995) concerning the implementation of the Forest Conservation Act, 1980.
2. The Centre for Environmental Law (CEL), WWF vs Union of India and ors (WP
No 337 of 1995) concerning the issue of settlement of Rights in National
Parks and Sanctuaries and other issues under the Wildlife (Protection) Act,
1972.
These cases are being heard for the last nine years and are a part of what
is termed as "continuing mandamus", whereby the Courts, rather than passing
final judgments, keeps on passing orders and directions with a view to
monitor the functioning of the executive.They have led to fundamental
changes in the pattern of forest governance and decision making. Some
examples include:
a) By virtue of the Supreme Court's order dated 13.11.2000 in the
CEL WWF case (W.P. No. 337 of 1995), no
forest, National Park or Sanctuary can be dereserved without the
approval of the Supreme Court.
b) No non-forest activity is permitted in any National Park or
Sanctuary even if prior approval under the Forest
(Conservation) Act, 1980 has been obtained.
c) The interim order dated 14.2.2000 prohibited the removal of any
dead or decaying trees, grasses, drift wood etc.
from any area comprising a National Park or a Sanctuary notified
under Section 18 or 35 of the Wildlife (Protection)
Act, 1972. It was also directed that if any order to the
contrary has been passed by any State Government or other
authorities the operation of the same shall be stayed.
In order to advise the Supreme Court on the various issues concerning forest
and wildlife conservation, the Central Empowered Committee (CEC) was set
up as an authority under Section 3 (3) of the Environment (Protection) Act,
1986 to adjudicate on forest and wildlife related issues.
Despite its wide impact and implication on forest management and governance
most environment, human rights and activists groups and also the Government
are not generally aware of the current developments in the Courts. Existing
methods of reporting of Court's orders and judgments are generally
inadequate and do not reach the concerned the groups in time.
An Information Dissemination Service is therefore been envisaged as a
neutral body that will keep a watch on the happenings in the Supreme Court
and disseminate information through electronic as well as other means to
interested groups and individuals on all decisions concerning the above two
cases.
As part of this initiative, we initially hope to:
1) Put together a database on both the CEL and Godavarman cases
(orders/judegments/petitions) as well as CEC orders. The idea is to respond
to specific information on an ongoing basis.
2) Launch a monthly electronic newsletter through which information and
analysis on past orders/judgements/petitions will be disseminated. This will
not be a discussion forum but a mailing list.
3) Flash news on when the cases are likely to appear in the court, what
matters will be heard as well as what orders were issued will be sent out to
all on the electronic newsletter mailing list as well as few select existing
list serves.
If you would like to subscribe to the newsletter/mailing list as well as any
requests and suggestions, please write to forestcase@yahoo.com.
The first issue of the newsletter will be sent out in the end of June.
We do hope to expand the scope of this activity by traveling to various
sites and meetings to disseminate the information with your support in the
near future.
Best Wishes
Ritwick Dutta (Advocate), COURT OFFICE: 69, Lawyers Chambers, Supreme
Court, New Delhi-110001
Kanchi Kohli (Member, Kalpavriksh- Delhi), COORDINATING OFFICE: Kalpavriksh,
J-20, Jangpura Extension, Second Floor, New Delhi-110014.