ORDER

1. A communication was received from Mrs. Maneka Gandhi, environmentalist, complaining of mushroom growth of Charcoal Bhatties in Kathua district and the damage caused by these bhatties to the forests and environment, within the District. She has submitted that there was no regulation for setting up or running of these Bhatties and that it was free for all to set up these Bhatties, which resulted in damage to the forest and all Bhatti owners were resorting to smuggling of trees from the forest, which has resulted in drying up of the water resources in the Kandi area of Katua belt, which area was already short of requisite water resources.

2. This communication was treated as public interest litigation and concerned official functionaries, including the Principal Conservator of Forests (PCCF), Chairman Pollution Control Board and Divisional Forest Officer, Kathua, were put on notice and were required to give their response to the complaint made by Mrs. Maneka Gandhi. In compliance thereto, all these officers have appeared before the Court and response/reply has been filed by PCCF and DFO, Kathua as also the Member Secretary of the Pollution Control Board.

3. It has been admitted by these officials that though all these Bhatties are located on the private land but these were in close vicinity of demarcated forest. It has also been admitted by them that there are no regulation in force to control these Bhatties , which, admittedly were a source of damage to the forests and the environment. It is, submitted, however, that the Forest Department had taken steps and had requested the government for enacting a statutory Regulation to control the felling and transportation of timber and, manufacture and sale of Charcoal to save the Kandi Belt of District Kathua.

4. The Secretary of the Pollution Board has submitted that Board has received some complaints in which prompt action was taken and direction was given to Deputy Commissioner, Kathua for closure of Charcoal Bhatties.

5. Learned court counsel, Mr. A.V. Gupta, Sr. Advocate, has submitted that a substantial quality of timber used for these charcoal Bhatties was being extracted from the demarcated forest. He alleged that these Bhatties were located on the periphery of demarcated forest and most of these were also abutting the government schools in the district. According to him this had caused an irreparable damage both to the forest and environment in the District inasmuch as the illicit felling of trees even in the demarcated forest was being carried out, which was in violation of the Supreme Court orders in T.N. Goverdhan's case. As a matter of fact, the whole area was being converted into a desert as the water resources were drying up and the greenery depleted.

6. We heard the PCCF, the Chairman of the Pollution Control Board and the Divisional Forest Officer, Kathua too. They have all supported the factual position contained in the complaint of Mrs. Maneka Gandhi. They have also pointed out that there was no regulation or mechanism in place by which these Bhatties could be removed from their locations and the manufacture of Charcoal in these Bhatties banned. Divisional Forest Officer, Kathua, has fairly conceded that 60% of these bhatties were at arm's distance from the boundary of the demarcated forest and a sizable number was even close to the government schools.

7. All this leaves us with no doubt that free for all manufacture of Charcoal is being carried on in these Bhatties, which was going on un-checked and was not subject to any regulation and was in fact causing enormous damage to the ecology and environment of the area and, therefore, the unbridled trade require to be arrested/checked to save any further damage to the forests, water resources, ecology and environment of the area. We are thus satisfied that immediate remedial and preventive measures are required to be taken in general public interest. We are accordingly constrained to issue the following directions:

1. The Principal Chief Conservator of Forests is directed to issue a public notice in print and electronic media, informing all owners/operators of Charcoal Bhatties in Kathua and Billawar Forest Divisions of Kathua and Jammu Districts to remove/shift their Bhatties, three kilometers away from the demarcated forest boundary, within two weeks from the publication of the notice, failing which operation of these Bhatties will be stopped and these Bhatties will be dismantled and the fire wood/charcoal, if any found, seized and confiscated. In case any owner/operator puts up any resistance in such removal/dismantling operation, the authorities of the forest department shall be at liberty to cause arrest of such violators and seek necessary police help, for which Inspector General of Police, Jammu and Senior Superintendent of Police of Kathua and Jammu districts are directed to render all possible help to these authorities whenever and wherever needed or requisitioned.

2. A similar notice will be issued by the PCCF to owners and operators of the Charcoal Bhatties, which are found closely located to various government schools, any human habitation. They shall also be given two weeks time to remove their Bhatties on their own, failing which their Bhatties shall be forcibly dismantled/removed and their timber/charcoal, whatever found, shall be seized/confiscated. The Director School Education Jammu/Chief Education Officers of Jammu and Kathua Districts shall cooperate with the PCCF to take requisite steps in this operation.

3. We are informed that Forest Department has already recommended an enactment of some Statutory Regulation, regulating the operation of these Bhatties, which is pending consideration of the government. The State government through Chief Secretary and all its concerned functionaries, are directed to expedite the consideration and promulgation of the statutory regulation, which, in any case, should be done within one month from receipt of this order by the Chief Secretary, who is further required to convene a meeting of all concerned official functionaries to take necessary steps in this direction.

4. We are also told by the Chairman of Pollution Control Board that he had issued directions to Deputy Commissioner Kathua for removal of Charcoal Bhatties within his jurisdiction, which had been observed only in breach. Needless to point out that Chairman Pollution Control Board was within its competence to proceed against the Deputy Commissioner for the alleged breach, which he has not done till date', but that does not absolve the Deputy Commissioner for complying with the directions of the Chairman Pollution Board, which he is empowered under the Pollution Control Act to issue. The Deputy Commissioner is, accordingly, directed to enforce the directions received by him from the Chairman Pollution Board and to take all necessary steps by involving his own agency as also law enforcing agencies and co-ordinate the action along with Principal Chief Conservator Forests to ensure the compliance of the Court directions and removal of these Bhatties, in case owners and operators fail to do so on their own. A similar duty is cast upon the SSP's of Kathua and Jammu Districts, who are directed to render all cooperation and assistance to the PCCF in enforcing the Court orders.

5. The Divisional Forest Officer, Kathua, informed us that he did not have the required staff strength to deal with the menace of timber smuggling from the demarcated forest and as a result the operators/owners of these Bhatties were resorting to illegal felling, which was going unchecked. The Commissioner-Secretary Forest, is accordingly, directed to make available the required number of personnel of Forest Protection Force to PCCF for deployment in Kathua and Billawar Forest Divisions, to check and ensure that there was no illegal felling of trees or smuggling of any fire wood/timber, which was being used in these bhatties and which constitutes disobedience/breach of the orders passed by Hon'ble Supreme Court in T.N Goverdhan's case.

6. Registrar is directed to issue a general public notice in print and electronic media, informing all owners and operators of Charcoal Bhatties in Jammu and Kathua districts to file their response to the complaint made against the operation of Charcoal Bhatties by petitioner/public and for hearing their point of view on the next date. The expenses for this public notice shall be borne by the PCCF.

8. Registrar to supply copies of this order to all concerned and serve it on the Chief Secretary and other concerned official functionaries. The Divisional Commissioner, Jammu, two Deputy Commissioners of Jammu and Kathua as also the Senior Superintendent of Police, Kathua and Jammu Districts are ordered to be made party respondents to this petition. Registry to make necessary corrections and to issue notice to them for their appearance on the next date of hearing.

9. The PCCF is also directed to pay an amount of Rs. 15,000/- to the Court counsel for meeting the expenses of this litigation and to depute Sh. Brij Mohan Sharma, DFO, Kathua to him for assistance, as and when so required. List on 26.4.2006.