IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 OP.No. 4415 of 1998(A) ---------------------- PETITIONER: -------------- 'NIYAMAVEDI', REP. BY ITS MEMBER, DENIZEN KOMATH, ADVOCATE, S/O. SHAJIDA DOWSON KOMATH, AGED 27 YEARS, KOMATH HOUSE, MURIKKUMPADOM, AZHEEKAL P.O. BY ADV. SRI.A.X.VARGHESE RESPONDENTS: ---------------- 1. UNION OF INDIA, REP, BY ITS SECRETARY, MINISTRY OF FORESTS AND ENVIRONMENT, NEW DELHI. 2. STATE OF KERALA, REP. BY ITS SECRETARY, MINISTRY OF FORESTS AND ENVIRONMENT, SECRETARIAT, TRIVANDRUM. 3. CHIEF CONSERVATOR OF FOREST, TRIVANDRUM. 4. DIVISIONAL FOREST OFFICER, NILAMBUR(NORTH). 5. DIVISIONAL FOREST OFFICER, NILAMBUR(SOUTH). 6. MANAGING DIRECTOR, GQALIOR RAYONS LTD., MAVOOR, KOZHIKODE. (M/S.GRASSIM INDUSTRIES, MAVOOR, KOZHIKODE). R1 BY ADV. SRI.K.M.JAMALUDHEEN, CGC SRI.A.SUDHI VASUDEVAN R2 TO R5 BY SR. GOVT.PLEADER, K. MEERA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.No. 4415 OF 1998 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of September, 2009 JUDGMENT Basheer, J. This Original Petition has been filed by an Organisation which claims to be in the forefront to fight for conservation and protection of forest wealth and environment at large. 2. Petitioner alleges that there is wide spread and indiscriminate felling of Bamboo clusters from Nilamboor North and South divisions of Reserved forests. Petitioner has made a further allegation that respondents 1 to 5 are allowing respondent No.6 to indulge in this illegal activity ignoring their duty and responsibility to protect and nurture the natural wealth, in violation of the Forest (Conservation) Act, 1980 and other allied enactments. 3. In the counter affidavit filed by respondent No.2 in September 2004, it is asserted that Bamboos are being allowed to be extracted only in a scientific manner and in accordance with the norms prescribed in this regard. O.P. No.4415 of 1998 -:2:- Therefore, “there is no cause for the fear of loss of ecology”. It is also pointed out that the Government had permitted Respondent No.6, M/s.Grassim Industries, Mavoor, to collect Bamboos on the strength of certain agreements entered into between the Government and the Company. It is specifically contended that collection of Bamboos by the Company has been allowed only as per the felling rules prescribed in the agreement. 4. In the counter affidavit filed by respondent No.6 the allegation that there is indiscriminate cutting or felling of Bamboos has been specifically denied. In the counter affidavit of respondent No.1 it is pointed out that specific guidelines have been prescribed for harvesting of Bamboos and that the said activity is being carried out in terms of approved Working Plans prepared for scientific forest management. 3. We have carefully perused the averments in the Original Petition and also the counter affidavits filed by the respondents. Though the petitioner has made some sweeping allegations in the Original Petition, there is no material before us to show that respondents 1 to 5 have permitted respondent No.6 to indulge in O.P. No.4415 of 1998 -:3:- indiscriminate felling or cutting of Bamboo clusters from the reserve forest in question. The counter affidavits filed by the respondents will unerringly show that adequate safeguards had been taken at the time when Bamboos were permitted to be cut from the forest area and that too in terms of Working Plans and as per the specific guidelines prescribed therefor, under the supervision of the Forest Authority. Further it is brought to our notice that respondent No.6 has been closed down since 2001. In the above facts and circumstances, no orders are necessary in the Original Petition and it is closed. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb O.P. No.4415 of 1998 -:4:-