Escolar Documentos
Profissional Documentos
Cultura Documentos
:
Writ Petition (civil) 202 of 1995
PETITIONER:
T.N. Godavarman Thirumulpad
RESPONDENT:
Union of India & Ors.
BENCH:
Y.K.Sabharwal,Arijit Pasayat & S.H.Kapadia
JUDGMENT:
JUDGMENT
IA NO.826 IN IA NO.566
IN
WRIT PETITION (C) NO.202 OF 1995
Y.K. Sabharwal, J.
The aforesaid report, inter alia, notes that there was general
consensus amongst the States/Union Territories that the present practice
of concentrating only on artificial regeneration through plantations should
be dispensed with as it does not adequately compensates the loss of
natural forest and that a part of the fund should also be used for assisted
(a) to (d) .
Thus reading Entry 47 with Entry 20 of the same List, the imposition
of NPV is a charge or a fee which falls within Entry 47 read with Entry 20 of
List III of Seventh Schedule to the Constitution. The Fund set up is a part
"of economic and social planning" which comes within Entry 20 of List III
and the charge which is levied for that purpose would come under Entry 47
of List III and, therefore, Article 110 is not attracted.
To sustain ecological, economic and social values, in so far as
forests are concerned, primarily, it is a question of Forest Management. In
the introduction chapter of Forest Management, Fourth Edition, co-
authored by Lawrence S. Davis, Professor Emeritus, University of
California-Brakeley, K. Norman Johnson, Orgeon State University, Peter S.
Bettinger, Orgeon State University and Theodore E. Howard, University of
New Hampshire, authors have said that "forest management remains the
attempt to guide forests toward a society's goals. A forest manager is the
catalyst of this effort. As such, the manager needs an earthy
understanding of biological process; a knowledge of animals and their
habitats; an appreciation of streams and their environments; the long-
range viewpoint of a planner; the patience of a labour negotiator, the skills
of an administrator; and the alertness, flexibility and all-round
resourcefulness of a successful business executive. Above all, the forest
manager requires a genuine sense and feeling for the forest as an entity."
This objective is to be borne in mind while considering the question of
ecology as opposed to mere compensatory afforestation. Compensatory
afforestation is only a small portion in the long range efforts in the field of