COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INDIA

India - Environmental Protection, Role of Courts

M/S AZIZ TIMBER CORP. AND OTHERS v. STATE OF JAMMU & KASHMIR THROUGH CHIEF SECRETARY AND OTHFRS

THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR O.W.P. NO. 568-84/96 CONTINUING PETITION NO. 51/96

Introduction

Petitioners, M/S Aziz Timber Corporation and others, are involved in logging in the State of Jammu and Kashmir. In this State there is a significant problem with deforestation and illegal logging, and thus, pursuant to Writ Petition (Civil) No. 171, Environment Awareness Forum v. State of Jammu and Kashmir, the Supreme Court of India delivered an order on May 10, 1996 imposing a logging ban within the state. The Supreme Court of India also prohibited the removal from the State of any trees that had been cut, and directed the Chief Secretary of the State of Jammu and Kashmir to ensure strict and faithful compliance with this order. In addition, the Court stated that the order operated despite any license/permit granted by any authority, or any order made by any court in the country.

The Principal Chief Conservator of Forests of Jammu and Kashmir subsequently issued an order on August 9, 1996 prohibiting sawn timber from moving beyond Jammu and Kashmir, but allowing transport of timber outside the State provided the source of the timber was "genuine" and that "codal provisions under the J&K Forest Act" were strictly followed.

Petitioners subsequently challenged the August 9, 1996 order in the High Court of Jammu and Kashmir, stating that they had licenses for logging and were registered for the sale of timber. They also claimed that this order deprived them from carrying on their trade. On August 20, 1996 a single judge of the High Court of Jammu and Kashmir stayed the order of August 9, 1996.

This development was subsequently made known to the Supreme Court of India, who on October 10, 1996 observed that the August 9, 1996 order was in direct conflict with their earlier May 10, 1996 order regarding this matter. The Court suspended the August 9, 1996 order, and re-directed the strict compliance with their earlier order.

On October 24, 1996 the Court issued an order requiring the concerned state officials to show cause why proceedings should not be initiated against them for contempt of court. The Court also noted the August 20, 1996 interim order by the High Court of Jammu and Kashmir, and stated that the May 10, 1996 order superseded this order.

Legal Framework

Jammu and Kashmir Forest Act.

Held

The High Court of Jammu and Kashmir dismissed these writ petitions, in view of the earlier order by the Supreme Court of India regarding this matter. To prevent petitioners from further suppressing the facts to further their trade and business interests, a copy of this order will be circulated to other subordinate judicial offices for their information and compliance, so as to avoid future contradictory orders, and to ensure that the May 10, 1996 order of the Supreme Court of India will be carried out.

The May 10, 1996 order of the Supreme Court suspended the petitioners' licenses to log and to move timber out of the state of Jammu and Kashmir, and this order must be given effect.